EEA Family Permit

Hello friends,

I am an Indian national applying for an EEA Family permit to join my Irish husband in UK this December.We are married 6 years and were living in the US for the last 3 years as he had a sponsored job there. We are now starting a new chapter in UK

Our earlier application in August was rejected because the caseworker was not satisfied that my sponsor (husband) is an EEA national, "You have failed to provide evidence of your sponsor’s identity in accordance with Regulation 21(5) of the Immigration (European Economic Area) Regulations 2016."

We provided:
Both our original passports
Lease agreement, utility bills, bank statements
His employment contract
Marriage certificate

I am not sure why it was rejected. We consulted an immigration specialist who was also unable to give us an answer. In fact I had previously been granted an EEA Family Permit and EEA2 visa which are visible in my passport.

Nonetheless we are reapplying. Before I submit, I wanted to ask:
For this application, I don't have his original passport but a notarised one. Is there anything else needed to prove that he is an EEA national?
Should we be adding the refusal letter in the application? Is there anything else you would recommend we add to this application?

Your answers will be super helpful,

thanks in advance!
A

Hello

Normally an EEA passport is enough proof that the person is indeed an EEA national.

Did you provide an original and valid passport?

About this:

For this application, I don't have his original passport but a notarised one. Is there anything else needed to prove that he is an EEA national?

Don't apply. You will get an automatic refusal. The want to see the original passport not a copy. Even notarized, it's not going to fly with them.

Zerubbabel wrote: ↑

Thu Nov 14, 2019 8:27 pm

Hello

Normally an EEA passport is enough proof that the person is indeed an EEA national.

Did you provide an original and valid passport?

About this:

For this application, I don't have his original passport but a notarised one. Is there anything else needed to prove that he is an EEA national?

Don't apply. You will get an automatic refusal. The want to see the original passport not a copy. Even notarized, it's not going to fly with them.

I applied in Russia with a copy and it was successful. Truth is I don’t understand how can you provide an original for FP: you scan all papers and bring your passport to TLS. Well, my husband was in UK at that point and I don’t know how would we manage to submit his passport.

However my recent EEA2 card application with a copy of his passport was rejected due to absence of original doc

Thank you for your responses.

@Zerubbabel @iwolga: We applied with my husband's original Irish passport initially but was refused as we failed to provide evidence of their identity as an EEA National (Regulation 21(5) of the Immigration (European Economic Area) Regulations 2016)
Does the Irish passport not count as an EEA Passport?

Also, do you think we should add the refusal letter in the application and explain this?

Thanks!

annielebo wrote: ↑

Thu Nov 14, 2019 8:52 pm

Thank you for your responses.

@Zerubbabel @iwolga: We applied with my husband's original Irish passport initially but was refused as we failed to provide evidence of their identity as an EEA National (Regulation 21(5) of the Immigration (European Economic Area) Regulations 2016)
Does the Irish passport not count as an EEA Passport?

Also, do you think we should add the refusal letter in the application and explain this?

Thanks!

I actually think you should have appealed to this and/or complain. If this is the reason for refusal and you provided valid passport, this is an obvious mistake of UKVI.

I don’t know why this wasn’t enough- passport shall be sufficient.

@iwolga yes, our immigration specialist was also stumped. They suggested we reapply instead of appealing.
I don't have the original passport with me, just the first page notarised.

Did you submit scans of all the pages? I guess we don't need to submit refusal letter with the application why it was rejected the last time?

Sorry about all the questions, thank you for your time!

annielebo wrote: ↑

Thu Nov 14, 2019 9:13 pm

@iwolga yes, our immigration specialist was also stumped. They suggested we reapply instead of appealing.
I don't have the original passport with me, just the first page notarised.

Did you submit scans of all the pages? I guess we don't need to submit refusal letter with the application why it was rejected the last time?

Sorry about all the questions, thank you for your time!

I only submitted the scan of the photo page of my husband’s passport and got a positive decision on 14th working day. We never lived together before, we have less years of our relationship, but it all went smooth. Unfortunately my first RC application within UK got rejected exactly because of this: no ID provided (well, in my case that was truth!).

I don’t think that HO needs their own rejection letter - they will see it themselves in the system.

Good luck with your application

Thank you @iwolga
I hope your RC decision came out positive!