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EEA Family Permit refused Appeal or Reapply?

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

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Alijooo
Newly Registered
Posts: 1
Joined: Tue Jan 29, 2019 11:13 am
Netherlands

EEA Family Permit refused Appeal or Reapply?

Post by Alijooo » Tue Jan 29, 2019 11:58 am

Hi,

I have applied for my wife EEA Family Permit in Saudi Arabia as a Somali national and me as Dutch national living in the UK. Sadly they rejected it, the reasons were that me Dutch National was not a 'qualified person' even though I submitted over 6 months of payslips, bank statements including letter from my employer and work contract. Apparently I just provided a 'bank statement'. However even though I showed my bank statement, there is a weekly income from my employer. Secondly ECO believes that me and my wife are not married as the ECO stated 'genuine subsisting relationship'.

'Regulation 6 of the Immigration (European Economic Area) Regulations 2006 requires you to show that your sponsor is a "qualified person". The onus is on you and your sponsor to show that he is employed and in receipt of the salary as stated'.

You have stated that your sponsor is employed with $$$$$ to support this claim you have provided the following documents:

- A bank statement

This document does not demonstrate that your stated spouse is employed as stated. I am not satisfied with the evidence you have provided is sufficient evidence to verify your sponsor's employment.

Did the ECO just ignore the rest of the documentations?!

The ECO believes that my marriage is not a genuine subsisting relationship even though I provided evidence of photographs of our wedding were both of us are holding eachother, hotel bookings for 2 persons, money transfer over western union, flight boarding pass me traveling to Saudi Arabia.

I did not submit my marriage certificate because I did not have it before the appointment with VFS
I did not submit proof of conversations me and wife communicating for personal reasons

(I could understand if they rejected it because no evidence was provided for communication like WhatsApp, Skype or not submitting a marriage certificate but stated I am not qualified is sad when I pay my TAX and NI over 5 years now couldn't they just contacted HMRC and asked? since I provided my NI Number)

I believe if I should make a next application I should provide the Marriage certificate with English translation and WhatsApp and Skype conversations between me and my wife as additional documents. Correct my if I am wrong.

If anyone could advise me otherwise would be much appreciated.

Also lastly ECO took into account

I have also taken account of article 8 of the Human Rights Act. I consider that refusing this application is justified and proportionate in the exercise of the immigration control. I do not believe refusing this application will interfere with family life, for the purpose of article 8 (1) as you can continue to enjoy that in Saudi Arabia.

Are they trying to make believe there is no way to get this EEA Family Permit?

Should I reapply of Appeal?
Thanks ,

Obie
Moderator
Posts: 15007
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: EEA Family Permit refused Appeal or Reapply?

Post by Obie » Wed Jan 30, 2019 9:52 am

You can do both, just in case the same error is repeated.
Smooth seas do not make skilful sailors

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