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Unmarried UK/Non-EU couple: EEA2 vs FLR(M) vs ?

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

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Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Sun Jul 21, 2013 12:47 am

Rolfus wrote:I have got her file under the data protection act procedure and there s nothing in it that would give grounds for all these refusals.
Was there any interesting or unusual content of any sort in the file? Was it complete?

Rolfus
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Post by Rolfus » Sun Jul 21, 2013 10:39 am

Dear Directive,
I haven't made a new application, I am referring to the information I received in Oct 2011 that we discussed on this thread then. There is nothing to explain this behaviour.
Looking back reminds me of how much effort we have made to have a visit visa covering 2013. My partner applied in 2011 for a two year visit visa and paid the substantial fee. Rejection, followed by apeal, followed by ECM withdrawing refusal and granting a visa but for only six months.
So we have had to make (and pay for) a new application covering the same period. Refusal, appeal - with fee. We shall see what happens.
But it is absolutely absurd of them to refuse a visit visa to my partner at the same time as stamping in not one, but two, EEA Family Permits. She has a right to live and work in the UK unless both I and our son are killed in the same plane crash! And yet they refuse the visa on the basis that she doesn't intend to make a genuine short visit and effectively accuse her of lying on the form. If it wasn't a short visit she could use the EEA FP!
I really want this to go to the Tribunal so that I can gat a Direction to stop them doing this again.
civis europeus sum

Rolfus
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Post by Rolfus » Mon Dec 16, 2013 10:49 pm

The First Tier Tribunal directed the Respondent, the Visa Officer, to file the notice of decision, reasons, etc , with a copy to the Appellant, by November 14th.

Nothing received from either the visa officer directly or the Tribunal.

Does anyone have any advice on what should happen now? Can I make an application for the appeal to be allowed by default?
civis europeus sum

Rolfus
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Re: Unmarried UK/Non-EU couple: EEA2 vs FLR(M) vs ?

Post by Rolfus » Mon Mar 24, 2014 7:53 pm

Hearing for the family visit visa appeal is set for April 4th. There has been absolutely no response from the ECO to the Orders of the Tribunal to submit documents.
civis europeus sum

Rolfus
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Re: Unmarried UK/Non-EU couple: EEA2 vs FLR(M) vs ?

Post by Rolfus » Thu Apr 03, 2014 10:34 pm

Hearing was today.
It turns out that the ECM has been trying to withdraw the decision and grant a visa, but hasn't formally notified anyone, so the hearing went ahead.
Reserved judgment.
The Judge said that he thought that a general visitor visa could not be used to attend job interviews, but that he wanted to check. I can't work out why, any suggestions please?
If you can't use a visit visa for a job interview, and you can't use your EEA Family Permit because you aren't accompanying or joining, what is the correct visa to apply for?
The right to enter is separate from Community rights once you have entered. So if you enter with a visit visa, can you use community rights to attend an interview, even if that would not be permitted to do so on the basis of the visit visa if you did not have community rights?
How many angels can dance on the head of a pin?
civis europeus sum

Rolfus
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Re: Unmarried UK/Non-EU couple: EEA2 vs FLR(M) vs ?

Post by Rolfus » Fri May 09, 2014 8:03 am

Determination promulgated. Appeal allowed with costs. I wonder how long it will take for the HO to comply with the Direction to send the money?

Judge says "I was unable to understand the ECOs logic in refusing this application when there was an extant EEA FP".

Nothing further on whether a visit visa allows the holder to attend job interviews.

Meanwhile, 30 days ago, while processing a new EEA FP application, the ECO wrote saying he could issue the old one-year visit visa, if we withdrew the application for the FP. No explanation why he couldn't do both. Yes please, we replied by registered post. 30 days later, passport still not returned, travel dates missed, tickets lost etc.

Is this spite, because we have now won five appeals, or is it incompetence?
civis europeus sum

Rolfus
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Re: Unmarried UK/Non-EU couple: EEA2 vs FLR(M) vs ?

Post by Rolfus » Fri May 29, 2015 8:49 pm

There is a new UIT determination confirming that unmarried partners are covered in Surinder Singh cases.

https://ukvisaandimmigrationforum.files ... o-cain.pdf

It is unpublished, so of limited value. I suspect that the unpublished case referred to in the arguments was mine, as one of the participants is the same.

On another subject, despite repeated reminders the Home Office have still not reimbursed the appeal fee from the last case they lost.

My partner has this month applied for a fourth renewal of her EEA FP as a partner. If they refuse it, I will try again to get the question of whether Surinder Singh applies to extended family members referred to the ECJ. Last time we made that request the judge said it was not necessary.
civis europeus sum

vinny
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Re: Unmarried UK/Non-EU couple: EEA2 vs FLR(M) vs ?

Post by vinny » Sun Jun 14, 2015 9:49 am

Unfortunately, IA040012013 [2014] UKAITUR IA040012013 (5 August 2014) did not reach the same conclusion.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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Obie
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Re: Unmarried UK/Non-EU couple: EEA2 vs FLR(M) vs ?

Post by Obie » Sun Jun 14, 2015 1:55 pm

Rolfus wrote: On another subject, despite repeated reminders the Home Office have still not reimbursed the appeal fee from the last case they lost.
Perhaps you should initiate a small claims against the Home Office. One of my client had to do that before his appeal fee was reimbursed.
Rolfus wrote:
My partner has this month applied for a fourth renewal of her EEA FP as a partner. If they refuse it, I will try again to get the question of whether Surinder Singh applies to extended family members referred to the ECJ. Last time we made that request the judge said it was not necessary.
Well it is the Upper Tribunal that can make references , mostly, although i cannot see an authority to fully back that.
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