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EEA Family Permit Refused... Help Please

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Missy11
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EEA Family Permit Refused... Help Please

Post by Missy11 » Wed Jun 08, 2011 2:07 pm

Hi,

My husband has been refused for a EEA FP... They quoted regulation 12 and said that his passport was not valid (expires 2017) and that our marriage certificate isn't valid, it was the original we sent!

Where do we go from here? How long would it take to appeal it and what could we possibly say or do to prove they are valid and original documents...

Any help would be much appreciated... Thank you...

86ti
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Post by 86ti » Wed Jun 08, 2011 2:29 pm

Was the marriage certificate properly translated and certified? What country issued those documents?

Missy11
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Post by Missy11 » Wed Jun 08, 2011 2:30 pm

86ti wrote:Was the marriage certificate properly translated and certified? What country issued those documents?
They are American documents... They don't need translating...

Why would they need certifying if they are originals?

86ti
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Post by 86ti » Wed Jun 08, 2011 2:32 pm

Missy11 wrote:
86ti wrote:Was the marriage certificate properly translated and certified? What country issued those documents?
They are American documents... They don't need translating...
Certified?

Please do not post in bold case.

Missy11
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Post by Missy11 » Wed Jun 08, 2011 2:33 pm

86ti wrote:
Missy11 wrote:
86ti wrote:Was the marriage certificate properly translated and certified? What country issued those documents?
They are American documents... They don't need translating...
Certified?

Please do not post in bold case.
No they weren't certified, they're originals..

86ti
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Post by 86ti » Wed Jun 08, 2011 2:38 pm

That's not what I was asking for. The marriage document may need an Apostille unless the UK accepts "bare" US documents. It is strange that the US passport was not accepted. How long is such a passport valid for (10 years)?

EDIT: It may be useful to provide us with the exact wording of the refusal.

Missy11
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Post by Missy11 » Wed Jun 08, 2011 2:55 pm

86ti wrote:That's not what I was asking for. The marriage document may need an Apostille unless the UK accepts "bare" US documents. It is strange that the US passport was not accepted. How long is such a passport valid for (10 years)?

EDIT: It may be useful to provide us with the exact wording of the refusal.
Ahhh ok, sorry. I wasn't getting what you meant... The UK does accept the "bare" US documents... Yeah I know it is strange, considering he has used it a number of times to fly inside and outside of the USA... I don't know how long they are valid for, my husband told me just today that his doesn't expire until 2017...

I'm waiting for my husband to email me the copy of the refusal letter, then I can let you know...

86ti
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Post by 86ti » Wed Jun 08, 2011 3:15 pm

In any case the first action would be to contact the entry clearance manager and ask that person to review the case.

Missy11
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Post by Missy11 » Wed Jun 08, 2011 3:24 pm

86ti wrote:In any case the first action would be to contact the entry clearance manager and ask that person to review the case.
Ok I have the letter..

Current guidance states that non-EEA national direct family members must
Hold a valid passport
Have evidence that they are related as claimed e.g an original marriage certificate

I've been trying to phone them but alas no answer so far, just voice message.

86ti
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Post by 86ti » Wed Jun 08, 2011 3:32 pm

Missy11 wrote:
86ti wrote:In any case the first action would be to contact the entry clearance manager and ask that person to review the case.
Ok I have the letter..

Current guidance states that non-EEA national direct family members must
Hold a valid passport
Have evidence that they are related as claimed e.g an original marriage certificate
I suppose the rest of the letter is a standard blurb with a denial under section 12? And there is no info why the documents would not be valid or any indication that the ECO has actually looked at those documents?

You can try to get more info by telephone. If that doesn't work you can either try to apply again or if you think that that would yield in the same answer get in touch with the ECM.

Missy11
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Post by Missy11 » Wed Jun 08, 2011 3:36 pm

86ti wrote:I suppose the rest of the letter is a standard blurb with a denial under section 12? And there is no info why the documents would not be valid or any indication that the ECO has actually looked at those documents?

You can try to get more info by telephone. If that doesn't work you can either try to apply again or if you think that that would yield in the same answer get in touch with the ECM.
Yes it is just standard blurb... No nothing at all to explain how or why and nothing stating that the ECO actually looked at the documents... In fact it doesn't even say who the ECO is!!

I still trying to get through... I think re-applying will produce the same results, so I will be asking to speak to the ECM...

Thanks for your help :)

86ti
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Post by 86ti » Wed Jun 08, 2011 3:44 pm

Missy11 wrote:Yes it is just standard blurb... No nothing at all to explain how or why and nothing stating that the ECO actually looked at the documents...
Thinking "positively", maybe somebody there just totally screwed up.

Missy11 wrote:In fact it doesn't even say who the ECO is!!
I guess that's just for protection.

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 » Thu Jun 09, 2011 1:11 am

Is there anything unusual about his passport or your marriage certificate? It is odd that they had a problem with both of them.

What is your citizenship? Are you with him in the US? They liked your passport or ID card?

Missy11
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Post by Missy11 » Fri Jul 15, 2011 9:17 am

It's now sorted... Thank you for the help :)

86ti
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Post by 86ti » Fri Jul 15, 2011 9:34 am

Good luck in the UK! Nevertheless would you mind giving us a final comment on what the fuss was all about.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Fri Jul 15, 2011 10:38 am

I agree with 86ti! We are the curious types here who want to figure out what went wrong and how you were able to fix it.

wet26
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Post by wet26 » Sat Jul 16, 2011 12:31 pm

Probably she had the marriage certificate issued by the celebrant, not the official certificate issued by the county court.

nonspecifics
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Why was Family Permit application refused?

Post by nonspecifics » Mon Jul 18, 2011 8:34 pm

It seems to me that many Family Permit and other applications are refused for the most spurious and unreasonable of reasons and often without any proper explanation. Keeps the website busy haha.

You just receive one of their standard template rejection letters that is often useless in explaining why it was refused.

I know of others that applied for FP and were told they weren't even eligible to apply for a FP and were told to sign a form accepting this and they were told to apply using the UK's Visa programme instead.

It was absolute rubbish. They were eligible and got their FP when complaints were made about the false information they were fed by the visa processing people.

My personal opinion is that it is deliberate ( mistakes). Seems to me they often turn people down ( who are eligible for the FP) thinking people will just accept that and give up, cos people (wrongly) assume the Govt people must be right.

I think other reasons are that some don't know their job due to poor training or maybe it's just laziness and it's easier to refuse an application than process it.

Lesson number 1 in dealing with the UK Govt and civil service:

Do not trust what they tell you. Double check anything you are told, as they may be trying to cheat you out of your rights. If it is just a spoken conversation they will deny telling you rubbish. Always get things in writing.

If you get refused and you think it could be wrong, then don't give up. Challenge their decisions. Apply again or appeal the decision.

Write in here to tell about your problem.

Like any big organisation, some are good at their jobs and others are incompetent, lazy or dishonest or it was an honest error ( we all make them). Just depends who you get to handle your case.

Remember: UKBA is an often incompetent organisation run by an incompetent Government. Amongst its many failings is that it hired a convicted criminal (fraud) as a senior manager handling budgets of millions of UK pounds.

Read the story here and remember that when they demand all your bank details !!!! :

http://www.dailymail.co.uk/news/article ... ailed.html

Missy11
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Post by Missy11 » Tue Jul 19, 2011 7:02 am

Oh my, I'm so sorry everyone. I didn't get notified that they're were replies. Thank you Directive for messaging me.

Yeah someone did mess up, it's kind of embarrassing :oops:
It was my hubby's fault, he applied for the wrong visa. I'm a UK citizen not a EU National. Hence he couldn't go down the EEA route. Nothing wrong at all with any of the paperwork.

After that fiasco plus being refused a spouses visa (long story), we've decided, it'll work out better for me to go state side instead.

Once again, thank you for all your help and advice.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Tue Jul 19, 2011 10:12 am

Sorry it did not work out. Maybe you should think of moving to somewhere else in Europe. Germany? The Netherlands? Anywhere should be easy if the UK citizen is working...

Very odd: I also did NOT get an email notification that YOU updated the thread.

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