refusal EEA FAMILY PERMIT

agni · Post by **agni** » Fri May 11, 2007 10:05 pm

Best regards.

Jeff Albright · Post by **Jeff Albright** » Fri May 11, 2007 10:44 pm

It would be helpful if you posted the reasons for refusal exactly as they are.

Note that the ECOs makes their decision on the basis of the information provided to them. If they need more information relevant to the application, they will invite for an interview where every question must be clearly and concisely answered. You must be entirely honest, articulate, confident and provide complete answers. He might have been wrong in reaching his decision, which is appealable but it is unlikely he had made it without considering material facts available to him.

Perhaps it would be advisable to reapply rather than appeal, as it may be quicker. If you provide the full statement of refusal, we will then be able to pinpoint where the things went wrong and how to avoid them in the future.

agni · Post by **agni** » Fri May 11, 2007 10:54 pm

Thank You very much for Your response.

The reason of refusing visa was the EO asked question "have u been before UK in past" (means that illegal time when he was in UK) my husband was afraid , maybe EO will not issue the visa for him, so my husband said"i didnt been UK this period" , but before he attand the interview everybody must check their fingerprints in embassy, thats why EO found out that my husband was there that time. his data came after fingerprints.

this was the reason of refusal notice.

Desition was negative for my husbant visa.

Now i need to ask, do we have any chance for sucessful appeal , becouse of this refusal notice?

Anybody can help with prepering this appeal?

Post by **Directive/2004/38/EC** » Sat May 12, 2007 1:36 am

Which year was he in the UK illegally?
which year was he in the UK with you when he had a EEA family permit?
Where are you living now?

agni · Post by **agni** » Sat May 12, 2007 11:15 am

Hi,

Thank you very much for reply

1, he was illegal in (uk) 2002

2, last year we are working togethere in (uk) with EEA femily permit ligal status

3, right know i'm living Latvia

Docterror · Post by **Docterror** » Sat May 12, 2007 1:36 pm

My sympathies for the refusal of the EEA Family Permit for your spouse.

But having said that, lying to the ECO about not having been in the UK is not really a terrific strategy to get an approval in the first place. An appeal will be long and could be potentially costly and even if there is enough evidence, the lie can come back to taunt you as we do not know how it will be seen at the appeal.

Also the embassy may suspect that there can further "untruths" hidden in the application and this was just one of the finds that they did make. Why don't you just reapply and this time don't panic and just stick to the truth?

agni · Post by **agni** » Sat May 12, 2007 2:13 pm

ok, if he will say truth, he enter UK illigally long time ago and went out same way, so there will be some consequences??
maybe if he will say truth ECO will not give him visa coz of this illigal entries before.

last entry with his EEA FAMILY PERMIT, they allow him to enter the country on Uk airport.

i read some post in this forum, ECO refused somones visa coz he previously was illigally in UK.

is there any possibility (f he will say truth) for him to get this visa or he gonna be refused again this time maybe coz of his past?

yankeegirl · Post by **yankeegirl** » Sat May 12, 2007 3:02 pm

I applied for an EEA Family Permit in March 2007, after overstaying in the UK for a little over 2 years, and I was granted it. The difference is that in my application I explained the reasons for overstaying and was honest from the beginning. What country is your husband from and where is he living now? If you do a new application, just be very honest about everything and show as such supporting documentation as you can regarding your marriage (proof of living together etc). The one good thing is the application is free so you don't have anything to lose money-wise if you try again.

Good luck and let us know how it turns out.

agni · Post by **agni** » Sat May 12, 2007 3:19 pm

but he enter illigal to that country, if EO will ask what was conditions and story, we are not feeling well to explain everything, overstaying is diferent coz u came on visa and stayed after expired, but my husband didnt have visa. my question is if he say truth this is not offence? and they can ban him for UK all life coz of this story?

Post by **Directive/2004/38/EC** » Sat May 12, 2007 3:38 pm

agni wrote:but he enter illigal to that country, if EO will ask what was conditions and story, we are not feeling well to explain everything, overstaying is diferent coz u came on visa and stayed after expired, but my husband didnt have visa. my question is if he say truth this is not offence? and they can ban him for UK all life coz of this story?

He is married to an EU citizen, and that gives him a lot of rights. They definitely can not ban him for life from the UK!

Lying is not good. Nor is being in the UK illegally. Nor is, even, minor crime. But you have a legal RIGHT to a life together and have the freedom to move to other EU countries, including the UK. They can only turn you down on a few grounds, such as BIG public policy problems with him, or national security. And they need to explain in detail if they turn you down.

Make sure he tells the truth next time! I would suggest you do not waste your time appealing, and just reapply.

Your rights come from the EU Treaties and from Directive 2004/38/EC (plus some case law). It is worth reading and understanding the material at http://eumovement.wordpress.com/directive-200438ec/

agni · Post by **agni** » Sat May 12, 2007 4:05 pm

first of all thank you very much for replay, u gave me lil faith in it but i have one question.

They can only turn you down on a few grounds, such as BIG public policy problems with him, or national security. And they need to explain in detail if they turn you down.

what doeas it mean?

Wanderer · Post by **Wanderer** » Sat May 12, 2007 4:37 pm

agni wrote:first of all thank you very much for replay, u gave me lil faith in it but i have one question.

They can only turn you down on a few grounds, such as BIG public policy problems with him, or national security. And they need to explain in detail if they turn you down.
what doeas it mean?

I suggest it means the permit could be turned down if ur guy was a real danger to the public here, ie a terrorist, or a criminal, or dangerous in some way.

yankeegirl · Post by **yankeegirl** » Sat May 12, 2007 6:11 pm

I suggest it means the permit could be turned down if ur guy was a real danger to the public here, ie a terrorist, or a criminal, or dangerous in some way.

That's right. They can also refuse if they think it's a marriage of convenience so be sure to include evidence of having lived together etc, and be honest about the time he was illegally in the UK. I agree with the other posters; just submit a new application.

agni · Post by **agni** » Sat May 12, 2007 6:44 pm

Thank you very much for your help finally we decide to re-apply visa application this time my husband will tell truth , that he being before (uk)
life depend upon the hope

.................

Post by **Directive/2004/38/EC** » Sat May 12, 2007 9:02 pm

If they do turn you down again, you should ask for detailed and specific reasons for turning you down. They are required to give them to you.

Docterror · Post by **Docterror** » Sat May 12, 2007 9:55 pm

I second the suggestion to take as much as evidence as possible as your marriage could be taken with a hint of marriage of convenience due to past history. So do take all the evidence along with no room left for any error other than that of the illegal stay here... which is not a reason for refusal under the rules.

Jeff Albright · Post by **Jeff Albright** » Sun May 13, 2007 10:37 pm

agni wrote: this was the reason of refusal notice.

Desition was negative for my husbant visa.

What EXACTLY does the decision letter state?
Does it state something like "I am not satisfied that you are genuinely seeking entry to the United Kingdom as a spouse of the EEA national"?

agni · Post by **agni** » Mon May 14, 2007 11:46 am

the reason of visa refusal, that he attempt to hide that he was previously in UK!
last year he got this EEA family permit, and he was working there EVERYTHING WAS LEGAL THERE!

in recent entry,they allow him to enter to UK without any problem.

Marco 72 · Post by **Marco 72** » Mon May 14, 2007 11:48 am

agni, I agree with Jeff: if you want us to be able to give you useful advice, you need to state exactly what the letter of refusal said.

agni · Post by **agni** » Mon May 14, 2007 11:54 am

as i said on refusal notice was said :" you attempt to hide that u were previously in UK in year... thats seriously damaged your creditability and couse doubt upon your whole application"

Jeff Albright · Post by **Jeff Albright** » Mon May 14, 2007 11:27 pm

agni wrote:as i said on refusal notice was said :" you attempt to hide that u were previously in UK in year... thats seriously damaged your creditability and couse doubt upon your whole application"

Is this all?
If this is all it says, without any reference to the paragraphs in the Immigration Rules, the legal basis of this refusal is impugnable.

Have you appealed? Have you been given permission to appeal and the form to appeal to the Tribunal? Have 28 days already passed since the date of the decision letter?

If not, your husband will be encouraged to lodge an appeal. Appeals are nowadays processed quickly and you will normally get a hearing date within a month.

AlexCh · Post by **AlexCh** » Mon May 14, 2007 11:56 pm

A little bit off topic question - do they check the fingerprints now in Latvia when you are applying for a visa?

agni · Post by **agni** » Tue May 15, 2007 5:31 pm

they give me permission to appeal and the form to appeal to the Tribunal within 28 days but unfortuanetly in this forum i see people are waiting for long period there's no reply we dicide to re-apply again.i don't know what next

Jeff Albright · Post by **Jeff Albright** » Tue May 15, 2007 10:25 pm

agni wrote:they give me permission to appeal and the form to appeal to the Tribunal within 28 days but unfortuanetly in this forum i see people are waiting for long period there's no reply we dicide to re-apply again.i don't know what next

No offence, Agni but for some reason you don't seem to provide straight and full answers to the questions asked.

Have you appealed?

What other people say on this forum is not the point. You have your own case with your husband and you have to fight it with confidence, persevere and have strong belief in yourself. As I have told you, you should normally expect to receive an acknowledgement from the Tribunal within 5 working days and then get a hearing within a month. Have you received them? if you submitted an appeal through the ECO they should inform you on the progress. If they haven't, you should keep contact with them and find out.

Docterror · Post by **Docterror** » Wed May 16, 2007 9:52 am

agni wrote:they give me permission to appeal and the form to appeal to the Tribunal within 28 days but unfortuanetly in this forum i see people are waiting for long period there's no reply we dicide to re-apply again.i don't know what next

You know, if you are really that confused, you can actually do both. I don't think there is anything against appealing the old application and also re-applying a new one while the appeal process is going on. I do not know very well about it, so I will let someone with practical experience verify.

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refusal EEA FAMILY PERMIT

refusal EEA FAMILY PERMIT