Family Permit refused to primary carer of EEA national child

Hello,

I received my refusal for my second attempt at a family permit today. This time it was refused on the grounds that my daughter does not meet regulation 15A (2)(ii) (is residing in the United Kingdom as a self-sufficient person;).

If that is the case then no parent of an EEA minor child will ever be issued a family permit. If their child can't reside in the UK without them, and a family permit can only be issued outside the UK, then that is never going to happen.

I stated that I met the criteria in regulation 11(5)(b) -

P is accompanying an EEA national to, or joining an EEA national in, the United
Kingdom and P would be entitled to reside in the United Kingdom pursuant to
regulation 15A(2) were P and the EEA national both in the United Kingdom;

But that was ignored. I took that as modifying regulation 15A (2)(ii) as being a possibility, not something that had to be happening at the time of the application.

I need advice on what to do next. I am assuming that I will never be issued a family permit applying from Australia. Is there any point in appealing? I think it's obvious from the UK guidance the intent of the law is that Chen parents should be able to get a family permit but the regulation I quote says what it says, and they are just going to come back and quote that at me. Is there any point in appealing? Should go to the UK and apply at the airport? Should I just forget the FP and go the UK and apply for a derivative residence card?

I am devasated by this ruling, and furious. My daughter has a right to reside in the UK, and she has a right to have her primary carer with her.

Splanky

Trust me on one point, if you are convinced that the primary carer has the right to be in UK then appealing is the best solution i went through 2 appeals both won with costs awards. UKBA will ignore you and they know exactly that it is better to do so. In my first appeal the judge used very strong wording to describe how unprofessional are different tactics of UKBA to refuse. Be wise know your rights and appeal.

I talked to a solicitor who specialises in immigration, and she said that I am correct, I should have been awarded a Family Permit, and if I were to appeal I would win. She also said that it could take up to a year to get a Family Permit by that process.

Much as I would like to take on those horrible, dearly beloved, ignorant, vindictive beauracrats who are ignoring their own country's laws, waiting a year go to the UK would cause me a certain amount of personal difficulty. The lawyer and my migration agent have both advised to just enter the UK as a non-visa national an go direct to applying for a Derivative Residence Card. Given my narrow options, that is probably what I'll do.

The lawyer strongly advised against applying for entry under the EEA regulations at the border. She had clients who did, and there were verbally abused by the officers, and only allowed to enter with a visitor's stamp. That put me off.

I am so upset and angry that the UK Visas and Immigration's failings have made what should be a clear, straightforward process into a hellish, stressful one, and that they have denied my daughter her rights as an EU citizen.

Splanky

It took 7 working days for us to receive EEA family permit as the "Chen"s parents .We apply in Bangkok ,Thailand on March 12,2014.

We submitted our son's Irish passport and his birth certificate ,our thai passport only!

I am literally in tears reading that. I am very happy that you are being admitted at Chen parents, but an immigration system that has officals in one country say a Family Permit will never be allowed to Chen parents and officals in another granting the same permit to people in the same situation in the same week is seriously flawed.

Did you also submit evidence your child is self-sufficient and your Comprehensive Sickness Insurance?

Splanky

The regulations is the regulations. It is the law. It applies equally to all UK mission.

It appears the person at the Australia mission, need to update him/herself.

That's great theory, but it seems in practice the staff at the regional processing centre make up the rules as they go along. Or at least give them a very wide, loose interpretation, which happens to be completely at odds with the intent of the law.

This is the same regional processing centre that didn't even consider my first application under the Chen rules, and cut and pasted my refusal letter from someone else's without actually bothering to remove the bits that weren't relevant to me.

Splanky

I appealed successfully and got an EEA FP for the mother of a British son. See this thread:
Unmarried UK/Non-EU couple: EEA2 vs FLR(M) vs ?

Thanks Rolfus, that was interesting reading. It highlights how much UK Visas & Immigration just ignore the law. I'm glad your partner's FPs were granted eventually, and I wish you luck with her visitor visa.

I have been assured I would win an appeal. However, I think there are better options for me in my current circumstances.

Splanky

I want to share
december 2012 my lawyer who did charge me 1250 told to appy for derivative card through my 2 british daughters. On january 2013 , I received my coa letter saying they will answer me within 6months.february 2013 they send another form to fill and that lawyer charged me 450 to just fill the form. I applied on the ground that my big daughter was born with heart disease and she is special educational child.anyway on november 2013 , I got a call from my lawyer that they refused my application. I was devastated.the lawyer failed me.on the phone he was charging 2500 £ for the appeal. Yeah right. I went and took all my documents from him and decided to do itmyself. Lawyers just read and write like all of us. Anyway send my appeal with all the documents I could. My appeal day was on march 7th. That day I went with my husband, my daughters and 1 friend. I was the lawyer, the respondant too. My husband and my friend gave a statement. The judge ask what will happen if I return home, I said I will take them with me and overthere my daughter health will worsen cause of health care. 15th of april the appeal was allowed and the 21st of july I received my derivative residence card 5years I got. Thanks and good luck to everyone.