Refusals for EEA family permit

donald_f · Post by **donald_f** » Tue Jul 24, 2012 11:12 am

http://www.ukba.homeoffice.gov.uk/sitec ... egulations

Changes to the Immigration (European Economic Area) Regulations 2006

Can someone please a explain the changes in short and how they could affect me.

Obie · Post by **Obie** » Tue Jul 24, 2012 11:45 am

I believe it would affect you in little or no way whatsoever.

This new regulation does not seek to affect rights of people who enjoy rights under the directive. It only seeks to implement ECJ judgement which UK should have implemented years ago. It also seeks to extend the scope of Public policy refusal.

Directive/2004/38/EC · Post by **Directive/2004/38/EC** » Wed Jul 25, 2012 12:54 pm

This is a template letter that I would personally use were I applying for an EEA family permit. You can feel free to use parts of it for your personal use.

It is intended to simply lay out the law in order to avoid any confusion by the ECO. I think each line easy to understand and accurate. I would welcome any feedback!

I am a married to a citizen of XXXX (an EU/EEA member state). We live together in YYYY. We plan to travel together to the UK. (Letter from my spouse is attached)

I have provided my passport, a photocopy of my spouse’s EU/EEA passport, and our marriage certificate. This is the required proof under EU free movement law of identity and family relationship.

I meet all of the requirements for issuing an EEA family permit, as exhaustively listed in Regulation 12 of the European Regulations. No other Regulation is relevant to the issue of EEA Family Permits, except the mentioned Regulation 21.

There are no preconditions to our entry or stay in the UK during the first 3 months [Regulation 13 of the European Regulations and Article 6 of Directive 2004/38/EC]

Should we decide to remain in the UK after three months has past, it is clear that my EU citizen spouse can be required at that point to be a “qualified person” (Regulation 14 of the European Regulations and Article 7 of Directive 2004/38/EC)

Article 8 & 9 of Directive 2004/38/EC are clear that the deadline for Residence Card formalities (such as proof of being a qualified person) “may not be less than three months from the date of arrival” in the UK

There is no obligation to fulfil any of the requirements or formalities of long term residence for the issue of the EEA Family Permit [ECJ case C-157/03, Commission v Spain [2005]]

Please refer to EUN2.4: “It is important not to test overall intentions in assessing applications for an EEA family permit. Also, there is an initial right of residence for 3 months, which means that an EEA national does not have to be exercising a treaty right immediately on arrival in the UK.”

A refusal of this application will interfere with the free movement of my EU spouse and of our family.
Should you have any questions of law, please discuss it carefully with Euro Casework

If you refuse this application, I will formally complain to senior management of UKBA, will formally complain to the European Commission, and will seek compensation. (See point 10)

An EEA Family Permit must be issued at no cost, giving me “every facility”, and on the basis of a priority process.

This letter forms part of my application

Thank you for your timely and professional attention to this application.

EUsmileWEallsmile · Post by **EUsmileWEallsmile** » Wed Jul 25, 2012 8:10 pm

Directive/2004/38/EC wrote: I meet all of the requirements for issuing an EEA family permit, as exhaustively listed in Regulation 12 of the European Regulations. No other Regulation is relevant to the issue of EEA Family Permits, except the mentioned Regulation 12.

Small error here.

Ben · Post by **Ben** » Wed Jul 25, 2012 8:20 pm

EUsmileWEallsmile wrote:
Directive/2004/38/EC wrote: I meet all of the requirements for issuing an EEA family permit, as exhaustively listed in Regulation 12 of the European Regulations. No other Regulation is relevant to the issue of EEA Family Permits, except the mentioned Regulation 12.
Small error here.

No, I think Directive intended to write Regulation 21. As in, only for reasons of public policy, public security and public health can the EEA Family Permit application be refused.

prince1475 · Post by **prince1475** » Wed Jul 25, 2012 9:22 pm

Hello,
Its more than 20 working days my wife is waiting for decision of EEA family permit from Bangalore,India. I email them they replied me that they cant disclose any information to third party according to UK data protection act 1998.From than my wife email's them everyday but not getting any reply from them.
Please Eusmile and Directive give some advice as what should we mention in email so that they takes decision quickly. my wife writes in email saying that according to so and so regulation application must be given priority and according regulation 7 she is my wife,she mentions regulations in her emails is that ok or should we have to mention something else like we are going to complain to UKBA and local MP in UK in which borough i live please advice.
what should we write or complain.

EUsmileWEallsmile · Post by **EUsmileWEallsmile** » Wed Jul 25, 2012 9:29 pm

prince1475 wrote:I email them they replied me that they cant disclose any information to third party according to UK data protection act 1998

This is simply an excuse. You are not asking them to disclose any confidential information, you are asking that they give priority to your wife's application as they are obliged to do by law. Keep at them.

Jambo · Post by **Jambo** » Wed Jul 25, 2012 9:36 pm

- Are you emailing the consulate directly or VFS?
- Did you address it to the Operations Manager or the Visa Section Manager?
- Did you complain in the email or just asked to provide a status update of the application?

You should email the consulate directly, address the email to the Operations Manager or Visa section manager and write it as a complaint.

prince1475 · Post by **prince1475** » Wed Jul 25, 2012 9:43 pm

I am complaining on this email id jambo Chennai.VisaEnquiry@fco.gov.uk, i dont know whose email id is whether its Consular or operation manager.

Directive/2004/38/EC · Post by **Directive/2004/38/EC** » Wed Jul 25, 2012 9:52 pm

Ben wrote:No, I think Directive intended to write Regulation 21. As in, only for reasons of public policy, public security and public health can the EEA Family Permit application be refused.

It is correct but confusing as written. Regulation 12 refers to regulation 21. I will improve the microwording

Jambo · Post by **Jambo** » Wed Jul 25, 2012 10:21 pm

prince1475 wrote:I am complaining on this email id jambo Chennai.VisaEnquiry@fco.gov.uk, i dont know whose email id is whether its Consular or operation manager.

I suspect it is a generic email. I would write in the subject "Attn. Operation Manager - Complaint about EEA Family Permit application delays" and in the message itself ask again for the email to be forwarded to the Operational Manager. State when your wife applied and then quote the regulations as you did. You can also mention that if the complaint is not dealt with, you will complain to the UKBA in the UK and involve your MP.

donald_f · Post by **donald_f** » Thu Jul 26, 2012 12:59 pm

Directive/2004/38/EC wrote:
Ben wrote:No, I think Directive intended to write Regulation 21. As in, only for reasons of public policy, public security and public health can the EEA Family Permit application be refused.
It is correct but confusing as written. Regulation 12 refers to regulation 21. I will improve the microwording

Can you also write on the Home Office Registration requirement

I also note that you have failed to provide a copy of your sponsor's Home Office registration. This is a requirement under EEA regulations and following such registration your sponsor would be given an EEA residence permit card for the UK. There is no evidence to show that your sponsor is in the UK and/or is genuinely actively seeking employment.

donald_f · Post by **donald_f** » Thu Jul 26, 2012 1:02 pm

Thank you for the draft letter.

EUsmileWEallsmile · Post by **EUsmileWEallsmile** » Thu Jul 26, 2012 7:27 pm

EUsmileWEallsmile wrote:
donald_f wrote: • I also note that you have failed to provide a copy of your sponsor's Home Office registration. This is a requirement under EEA regulations and following such registration your sponsor would be given an EEA residence permit card for the UK. There is no evidence to show that your sponsor is in the UK and/or is genuinely actively seeking employment.

EEA residence permit card for the UK

There is no such thing.

This is complete rubbish. Portuguese nationals may apply for a residence certificate if they wish after entry and residence in the UK, but they don't have to. It is not a requirement under the regulations.

Donadl_f, please note the above.

prince1475 · Post by **prince1475** » Thu Jul 26, 2012 8:59 pm

Jambo wrote:
prince1475 wrote:I am complaining on this email id jambo Chennai.VisaEnquiry@fco.gov.uk, i dont know whose email id is whether its Consular or operation manager.
I suspect it is a generic email. I would write in the subject "Attn. Operation Manager - Complaint about EEA Family Permit application delays" and in the message itself ask again for the email to be forwarded to the Operational Manager. State when your wife applied and then quote the regulations as you did. You can also mention that if the complaint is not dealt with, you will complain to the UKBA in the UK and involve your MP.

Thanks Jambo can my wife quote regulation 13 initial right of residence or its just if we travelling together or only for EEA National,does it applies to EEA family members please reply i will appreciate

Jambo · Post by **Jambo** » Thu Jul 26, 2012 9:14 pm

prince1475 wrote:Thanks Jambo can my wife quote regulation 13 initial right of residence or its just if we travelling together or only for EEA National,does it applies to EEA family members please reply i will appreciate

Regulation 13 applies for the first 3 months of the EEA national (and his family members if they accompany him). From what I understand, you have been living in the UK for more than 3 months, so regulation 14 applies which means that you (and your family members) can live in the UK as long as you exercise treaty rights.

prince1475 · Post by **prince1475** » Thu Jul 26, 2012 9:21 pm

Jambo wrote:
prince1475 wrote:Thanks Jambo can my wife quote regulation 13 initial right of residence or its just if we travelling together or only for EEA National,does it applies to EEA family members please reply i will appreciate
Regulation 13 applies for the first 3 months of the EEA national (and his family members if they accompany him). From what I understand, you have been living in the UK for more than 3 months, so regulation 14 applies which means that you (and your family members) can live in the UK as long as you exercise treaty rights.

Thanks Jambo

Directive/2004/38/EC · Post by **Directive/2004/38/EC** » Sat Jul 28, 2012 2:22 pm

For your reference: Regulation 12: Issue of EEA family permit, with all updates and ammendments

donald_f · Post by **donald_f** » Sat Jul 28, 2012 5:08 pm

Directive/2004/38/EC wrote:For your reference: Regulation 12: Issue of EEA family permit, with all updates and ammendments

In short would this updated regulations affect my new application against my previous application

EUsmileWEallsmile · Post by **EUsmileWEallsmile** » Sat Jul 28, 2012 9:37 pm

donald_f wrote:
Directive/2004/38/EC wrote:For your reference: Regulation 12: Issue of EEA family permit, with all updates and ammendments
In short would this updated regulations affect my new application against my previous application

No, not at all.

Directive/2004/38/EC · Post by **Directive/2004/38/EC** » Sat Jul 28, 2012 11:40 pm

I provided it just for your convenience. Read through it. It is actually quite simple.

In your case, the paragraphs that apply are (1), (4), (5) and (6).

Directive/2004/38/EC · Post by **Directive/2004/38/EC** » Sun Jul 29, 2012 10:45 am

I have edited my example letter some more. I think it is far from perfect, and I would appreciate any feedback on its contents. https://dl.dropbox.com/u/27885818/priva ... rdraft.doc

If I were you, which I am not, I would do a very simple reapplication. I would personal not answer any of the questions on the application about your or the EU citizens assets, nor about what either of you are presently doing, nor about what you plan to do in the UK. It is not relevant to an application, and I think you can see from the refusal letters that the information you provided was used against your application. I would answer these questions with "not material for this application".

I would also, if I were doing it, submit ONLY the following documentation:
- The Eu citizen's passport
- the two applicant passports
- the marriage certificate
- the child's birth certificate
- Nothing else!

I would also submit a letter from the EU citizen saying:

(1) I wish to exercise my right of free movement to go to the UK, and will do that with my family members.
(2) Attached is the required proof of their identity and of the family relationship.
(3) Issue the visa please.

I would not give them any story. They do not need it, and it can only be used badly. They just need to issue the visa, and the EU citizen's cover letter says that.

Jambo · Post by **Jambo** » Sun Jul 29, 2012 10:56 am

I personally would refer to the previous applications. Ignoring them might result in another wrong refusal based on information from those applications.

I would say "This is my third application for EEA Family Permit. The previous applications have been refused as the ECO has not followed the EEA regulations. I've already submitted a complaint to UKBA over those refusals. I expect this application to be dealt according to the regulations."

Directive/2004/38/EC · Post by **Directive/2004/38/EC** » Sun Jul 29, 2012 10:59 am

Agreed. Does not hurt to mention the past two applications.

Has the OP already complained to UKBA?

What a lovely Sunday morning it is!

Jambo · Post by **Jambo** » Sun Jul 29, 2012 11:11 am

Directive/2004/38/EC wrote:I have edited my example letter some more. I think it is far from perfect, and I would appreciate any feedback on its contents. https://dl.dropbox.com/u/27885818/priva ... rdraft.doc

I have no comments on the content. The underlying tone is a bit harsh in my opinion and sounds a bit arrogant. Most of the ECO know the rules. The letter assumes they don't.

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