EA FP Granted but EEA2 Refused

Hi.
My wife was refused her EEA2 application just a few days ago on the grounds that I did not satisfy the centre of life requirement in section 9. However when I was working in Ireland and had applied for the EA FP it was granted.
I was just wondering if happens quite often. I was under the impression that the EA FP would only have been issued if I met the centre of life requirements whilst I was living in Ireland then once I had left Ireland the Home Office would honour that decision and consider it to be met on the EEA2 application as well if I provided the same documents as the ones for the EA FP. I am actually quite appalled at the home office's behaviour in the way they have handled the case.

My other question is what should my next course of action be?

Just to give some background information: I have been married since 2013 and have one child that is an year old. My wife is also heavily pregnant and expecting another child. I really would like to have the appeal heard within the next two months so that we can travel to her home country after the birth and so that the grandparents could meet their new grandchild. I wonder if the appeal would consider this as grounds to expediate the hearing?

I was also wondering if my wife and I were to travel outside the UK/EU before the appeal hearing would she be allowed to re enter the U.K. or would she now be considered as someone who has lost the right to enter the U.K and how would the appeal hearing be heard without my wife's presence?

Please do let me know of your thoughts as to this situation so that I may be able to see some options.

Any thoughts on the issues would be greatly appreciated.

Well I am appalled too. Logically the family member of a British Citizen are required to meet the requirements of Regulation 9 for the family permit under Regulation 12 to be issued, and therefore there is significant force in your argument. It is either the requirements is met in its entirety or it is not. It cannot be met in one circumstances and not met in another.

Furthermore the COL test is unlawful, it has no legal basis or foundation, and it is shocking that it still has not been removed.

You could apply for an Expedition and depending on the nature of the case it may be grant.

I am of the view that an appeal will have merit.

Did the Irish authorities issue your wife a Residence Card? That may assist in facilitating her movement to and from the UK.

Thank you for your reassurance. We didn't really wait and see the results of the Irish application as once the EA FP was issued we moved to the U.K. thinking that would have been the end of the matter and it was not simply a matter of putting in the EEA2 application and just waiting for the RC. The Home Office sure does find new and wonderful ways to show its incompetence and disregard for decency.

Just out of interest if I were not to request an expediation at the appeal what kind of time frame would I be looking at for the appeal to be heard and the RC being issued if successful?

Within 3 months time frame. If all goes smoothly.

In retrospect it may have helped if you had waited for the Residence Card to the issued.

What would happen in the case where courts dismiss appeal.

Is it possible to return to ireland or deportation?

alphagear wrote:What would happen in the case where courts dismiss appeal.

Is it possible to return to ireland or deportation?

My understanding is re-entry would be an option if you had procured a re-entry visa before leaving Eire.

Eg as suggested in this action plan:
http://www.immigrationboards.com/eea-ro ... %20success
- see step 15

She may be able to enter under regulation 4 (5)(b),.

However you will need to be accompanying her.

It may well be the case that this will not be necessary, as you may well succeed on your case.

There is every possibility ; in my opinion that she will succeed one way or the other.

Wife already has residence card in ireland.

Does that help in case eea2 is rejected so that i can return to ireland.

Im worried because i have everything except proof of wages going directly into bank. I am paid cash but i do have contract and payslips. Just waiting to receive p60.

I simply deposited most money every week when necessary.

Any ideas guys?

Home Office Victim wrote:Hi.
My wife was refused her EEA2 application just a few days ago on the grounds that I did not satisfy the centre of life requirement in section 9. However when I was working in Ireland and had applied for the EA FP it was granted.
I was just wondering if happens quite often. I was under the impression that the EA FP would only have been issued if I met the centre of life requirements whilst I was living in Ireland then once I had left Ireland the Home Office would honour that decision and consider it to be met on the EEA2 application as well if I provided the same documents as the ones for the EA FP. I am actually quite appalled at the home office's behaviour in the way they have handled the case.

My other question is what should my next course of action be?

Just to give some background information: I have been married since 2013 and have one child that is an year old. My wife is also heavily pregnant and expecting another child. I really would like to have the appeal heard within the next two months so that we can travel to her home country after the birth and so that the grandparents could meet their new grandchild. I wonder if the appeal would consider this as grounds to expediate the hearing?

I was also wondering if my wife and I were to travel outside the UK/EU before the appeal hearing would she be allowed to re enter the U.K. or would she now be considered as someone who has lost the right to enter the U.K and how would the appeal hearing be heard without my wife's presence?

Please do let me know of your thoughts as to this situation so that I may be able to see some options.

Any thoughts on the issues would be greatly appreciated.

Like obie said the centre of life is unlawful and you will definitely win the appeal, by the way How long you lived in Ireland? the documents you provided with the EEA2 application were sufficient?

I lived in Ireland for about 5 months. I had provided the same documents that I provided for my EEA Family permit to the Home Office simply because they had been accepted for the EEA FP therefore I thought they should also be sufficient for EEA 2 application.

Home Office Victim wrote:I lived in Ireland for about 5 months. I had provided the same documents that I provided for my EEA Family permit to the Home Office simply because they had been accepted for the EEA FP therefore I thought they should also be sufficient for EEA 2 application.

Unclear if your wife had RC, in one post you seemed to have said you didn't wait for RC; in later post you mention wife has RC.

What exactly did HO saý àbout failure to prove meeting their COĹ requirement?

Residence card is not compulsory for the EEA2 and yeah I thought 5 months is fine because there is some people only lived 3 months in Ireland and got their EEA2 in UK but this year maybe HO very strict in the COL and it is no even lawful anyway how many month paysilps and bank statement did you give?

noajthan wrote:

Home Office Victim wrote:I lived in Ireland for about 5 months. I had provided the same documents that I provided for my EEA Family permit to the Home Office simply because they had been accepted for the EEA FP therefore I thought they should also be sufficient for EEA 2 application.

Unclear if your wife had RC, in one post you seemed to have said you didn't wait for RC; in later post you mention wife has RC.

What exactly did HO saý àbout failure to prove meeting their COĹ requirement?

I did not post the message about my wife having recieved an RC card. That was alphagear. We didn't wait for the RC card in Ireland.
The Home Office's exact wording was:

Home Office wrote:Based on the evidence provided it is deemed insufficient evidence to show that your British citizen husband has moved their centre of life to Ireland as all the evidence provided is withing a 4/5 month timescale. As the letters for new bank accounts and bills are spread out between the 4/5 month period and not all within the first month, it suggests that your husband had not established a satisfactory integreation within the Irish community in this short ammount of time before moving to the United Kingdom.

I found it quite amusing to read the part about bills not being within the first month. It seems that the Home Office is very out of touch from the reality that electricity bills are generated on a three month basis! It would be quite some task to generate an electricity bill within the first month.

I had provided the Home Ofice with more than 3 months of payslips as well as a Tax Credits Certificate. I had given bank statements for 3 months because I received only one bank statement in three months as is the case with Bank of Ireland however I also attached an online printout of the up to date statement from my online banking just to show that the account had been in use for more than 3 months.

Obie, thank you again for your reassurance in this case. It really means a lot to me. I was wondering if during the appeal process we were to leave the United Kingdom would my wife be able to re-enter the United Kingdom? I was under the impression that she would be refused entry based on the Home Office's decision to refuse her the RC card. Although if we were to submit another EEA2 application to the Home Office would we then be able to obtain a COA which would allow her to travel whilst her awaiting for the hearing. Would appreciate any clarification on these points.

My advise will be to wait until the appeal process is concluded. It makes no sense going before that.

I would love to wait until the process is completed however depending on how long that might take I am in a situation that forces us to travel in February due to family circumstances. I was just wondering on our chances of being allowed to re enter the country whilst the appeal is still ongoing if it hasn't been resolved by then.

It is a crap reason that they have refused your EEA2 but you will definitely win the appeal, so better wait like Obie said and I don't think there is possibilities to re enter the UK in this situation

If the wife is from a visa free country, then there may be possibility of entry.

If there is a British child , the Home office will not refuse, if doing so will require her to leave the UK.

Why does british child make it difficult to remove non eu citizen in surinder?

Im asking cause my wife is due in march.

Obie wrote:If the wife is from a visa free country, then there may be possibility of entry.

If there is a British child , the Home office will not refuse, if doing so will require her to leave the UK.

My wife is not from a visa free country, however our child is a British child (soon to be two British children) and as such they would be traveling with us.

Just out of intrest, does anyone have the relevant email addresses for the EEA2 sections of the Home Office? I intend to make complaints and ask for a review whilst my appeal is ongoing and see which would be get done faster.

Well in those circumstances I will advice you to be prepared to spend few months overseas with your wife and children if you left before the conclusion of your case.

Also you can contact Linda Bateman if you wish to make a complaint, but I don't believe it will lead to much.

Other option is to challenge the lawfulness of the Center of Life Test at the high court.

Home Office Victim wrote:I would love to wait until the process is completed however depending on how long that might take I am in a situation that forces us to travel in February due to family circumstances. I was just wondering on our chances of being allowed to re enter the country whilst the appeal is still ongoing if it hasn't been resolved by then.

Do you mind telling when your wife's EEA FP expires? Is it a multi-entry one?

The EEA FP expired in December, however after writing to the Home Office they have decided to reconsider the application. I am a little weary if I should continue with the appeal or not whilst the application is reconsidered.

As I have lost all trust and hopes of decency from the Home Office I am a little worried that they uphold their refusal in the reconsideration and waste even more of my time during the reconsideration which would mean having to go to start the appeal process all over again and waiting even longer.

Does anyone have any ideas as to how likely it is that the Home Office will uphold their decision if they agree to reconsider.

Obie wrote:Well in those circumstances I will advice you to be prepared to spend few months overseas with your wife and children if you left before the conclusion of your case.

Also you can contact Linda Bateman if you wish to make a complaint, but I don't believe it will lead to much.

Other option is to challenge the lawfulness of the Center of Life Test at the high court.

Hello Obie,
First Apolgies for posting this on the wrong post , it's my first time on here.
I need urgent help pls , this will be very grateful .
I applied for Residence card based on marriage to my eea partner 2010 which was granted.
However, it was revoked in 2014 , due to allegations made against the the church where wedding was done. I appealed & appeal was dismissed but within the appeal the judge & Home office rep stated I am eligible to apply to remain under Article 8Echr.
Our marriage produced a child & who is a British citizen which was obtained based on her EEA fathers status through his Permanent residence.
I have been thru a lot for something I did not do. Our marriage was not one of convenience as alleged. I feel so helpless and depressed. How can a marriage of convenience produce a child?.
Was I just unfortunate or why I am suffering this much.
I have recently divorced my Eea ex husband , hence his refusal to attend court with me. He is a good father & loves our child. However the divorce has put a lot of strain on us all.
My confusion is do I take the appeal to UTTribunal or can I still make a fresh application instead to the HO based on my child's status .
P.s : the only reason am still holding on is my child, honestly am fed up of the HO issues , life & everything else. its already a year and half on this issue already. Pls help .......I lost my Job in the process of all this. really need some advice & help. very low.