Immigrationboards.com

we applied for a visit visa to uk under eu treaty rights but after 3 months of having the application were refused as they required the original copy of a birth certificate which thy had taken a copy of and returned the orignal to us when we were submitting the application.

Can we ask for a review of this decision if we submitt this document?

We can appeal but do we have to pay for this appeal as under eu treaty the visa is free so should the appeal also not be free?

I know we can submit a new application but this also means that they keep the passport again most likley for 3 months again which is no good as need to travel any advise would be greatley apreciated. This is the only reason given.

ok so found out we do not need to pay for appeal

Exemption from fees
(5) Where by any convention, treaty or other instrument entered into by Her Majesty with any foreign power it is provided that no fee is required to be paid in respect of any proceedings, the fees specified in this Order are not payable in respect of those proceedings. [url]http://www.legislation.gov.uk/ukdsi/201 ... /article/5[/url]

The UK has changed the process last year which means you can't ask for a review any more and you can either reapply or appeal.

Where did you apply from? From your other posts it seems that you are based in Ireland. EEA application are normally decided within 15 working days. I would expect a second application would be quicker tha the initial one.

yes that is correct am based in Ireland, think will go down the appeal side as need to be able to travel quickley if needed. Is just frustrating time, document, and this never mentioned in a number of contacts in the 3 month period.

are you aware that an appeal can take up to 6 months?

Which visa did you apply for? EEA Family Permit? 3 months for this type of visa from Dublin is very unusual. Do you know why it took so long?

No not sure why took so long, am ware it can take 6 months for appeal but am also aware that they may very well keep my husbands passport for long time again and reapplying means my husband having to take more time off work which he is not really able to do. Is there any ruling or understanding in eu law about asking for extra documents not just automatically refusing a visa as this is the only document they seem to be requesting and the only thing mentioned all together? to be honest by the time my husband manages to makle appointment when he can get time off work and the possibility of 3 months wait there proberley will not be that much diffrence.

Especially going for appeal now they have changed the rules although I dont agree that the changes are right as my child had irish citizenship first and never lived in uk has allways lived in ireland it is as though her irish rights are being taken away. it is bad enough that my rights as being british are less than other eu in uk but now my childs rights are curtailed as well.