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EEA family permit refused-urgent advice needed
Posted: Sat Nov 10, 2012 8:56 pm
by Zahersandy
Hi there,I am Lebanese and my husband is Dutch.We are both living and working in Lebanon. We want to move to work and live in the UK.we applied for an EEA FP and it was rejected for the reason that " I didn't provide any evidence that my husband is travelling with me "
We have included a letter signed by my husband that we will be travelling together.
What proof is needed exactly in our case?
Posted: Sat Nov 10, 2012 9:10 pm
by Jambo
A letter should be enough. There is no need for more proof. Could you please write the exact wording of the refusal letter?
I suggest you write a complaint email to the Visa Section Manager in the consulate as it seems to be unlawful refusal.
Posted: Sat Nov 10, 2012 11:14 pm
by onlineamiga
Yeah they want you to book flights and then waste your money when u can no longer take the flights because of the refusal. Good isn't it!
When we applied for our EEA FP i enclosed the ryanair print out showing we were booked on the same flight, and did include it in the letter also. The woman flicked through the papers and asked if we were travelling together.
Good Luck submitting your complaint down a black hole.
Posted: Sun Nov 11, 2012 12:49 pm
by Zahersandy
The Decision was:
"you have provided no evidence that you will be travelling with your EEA spouse or that he is exercising his treaty rights to live in the UK whilst I acknowledge that you are married to a Netherlands national, you have not provided any evidence that your husband will be travelling to the UK with you.
I therefore refuse your EEA family permit application because I'm not satisfied that you meet all of the requirements of regulation 12 of the immigration (European Economic Area) regulations 2006."
What do you think guys about my husband getting himself on plane to England and start the procedure from there? Anyone having any experience concerning this?
Thanks in advance
Posted: Sun Nov 11, 2012 1:51 pm
by Directive/2004/38/EC
I would simply reapply. They were wrong to reject you.
Make sure there is a very clear simple letter from the EU spouse. It should say that you will both be travelling together, that this completely fulfils the requirements of
Regulation 12 1(b) since "the family member will be accompanying the EEA national to the United Kingdom", and that you will both be clearing the border together on arrival the the UK in case anyone would like to discuss this further.