re-apply or appeal for EEA Family Permit

[lhb9879]

My husband has been refused the EEA Family Permit on the grounds that I (his wife, British Citizen) did not show evidence of previous employment, i.e contracts, pay slips etc.

Should we appeal (we have 28 days to do so) through the post or re-apply?? We would prefer to appeal because the British Embassy is far away from us but I don't know if we can.

When they say to include documents to appeal do they mean only the documents that were missing or ALL documents should be send again.

Thank you for any help you can give us

[nonspecifics]

If you are a British Citizen and you want to bring your husband to the UK, then you have to prove you exercised Treaty Rights in another EEA country.

So, you are required to prove that you are or were a worker or retired worker, incapacitated or self-sufficient etc.

If you applied on the basis that you exercised Treaty Rights because you are in Spain working, or previously working, then UKBA will want evidence of that.

e.g. Spanish contract of employment, payslips, tax records etc

So, it seems they made the correct decision.

The problems with appeals is that they can take some time. Months.

For an appeal I would include everything again and the new evidence ( proof of employment in Spain). Even though UKBA are supposed to list every document you previously sent, they do not always do that and accidentally ( or is it on purpose?) have been known to miss out previously submitted evidence from the list of supporting documents in the original application.

[86ti]

If you are a British Citizen and you want to bring your husband to the UK, then you have to prove you exercised Treaty Rights in another EEA country.

http://www.immigrationboards.com/viewtopic.php?p=531587

[lhb9879]

If you are a British Citizen and you want to bring your husband to the UK, then you have to prove you exercised Treaty Rights in another EEA country.

http://www.immigrationboards.com/viewtopic.php?p=531587

Thank you "86ti" but that doesn't really answer my question, is it better to re-apply or to appeal?

[nonspecifics]

That's a personal choice.

Do you prefer to wait maybe months for the EEA FP appeal to be heard then the decision to be communicated and acted upon, but that would save you the expense and trouble of travelling to the UK visa centre in Spain

or would you rather re-apply which means travelling there, but it could save you months of waiting.

[lhb9879]

That's a personal choice.

Do you prefer to wait maybe months for the EEA FP appeal to be heard then the decision to be communicated and acted upon, but that would save you the expense and trouble of travelling to the UK visa centre in Spain

or would you rather re-apply which means travelling there, but it could save you months of waiting.

Thank you very much, I'm going to have to think about it. You've been very helpful "nonspecifics", thank you.

[86ti]

If you are a British Citizen and you want to bring your husband to the UK, then you have to prove you exercised Treaty Rights in another EEA country.

http://www.immigrationboards.com/viewtopic.php?p=531587

Thank you "86ti" but that doesn't really answer my question, is it better to re-apply or to appeal?

You are actually supposed to keep related questions in a single thread. (And those members who have been around for longer should also be more disciplined ant not encourage duplicates).

[lhb9879]

If you are a British Citizen and you want to bring your husband to the UK, then you have to prove you exercised Treaty Rights in another EEA country.

http://www.immigrationboards.com/viewtopic.php?p=531587

Thank you "86ti" but that doesn't really answer my question, is it better to re-apply or to appeal?

You are actually supposed to keep related questions in a single thread. (And those members who have been around for longer should also be more disciplined ant not encourage duplicates).

@86ti: Well I'm new here (I only joined 2 days ago) I apologize if I have not done things properly with my 2 posts. This had been my first experience applying for any kind of visa and it's all very confusing. Thank you for making me feel welcome 86ti......not.

[86ti]

Thank you for making me feel welcome 86ti......not.

That remark was really uncalled-for...