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EEA family permit PARTIALLY declined

Posted: Mon Jul 22, 2013 12:10 pm
by idealstar
Sorry for double posting:

Hi all,

I am EEA citizen, working in the UK since six months. My wife and (step)kids are coming to live with me, and when applying for EEA family permit (as they are non-EEA citizens), my wife was quickly approved for the permit/visa, but the kids not!

Due to my understanding, that breaks literally every rule in the book:
- the decision is possibly separating kids from their partnes
- the decision hinders my right to free movement in the EEA area
- etc...

Please avise - we have not yet received the paperwork back, but to me it seems totally out of place.

Thanks

J

Posted: Mon Jul 22, 2013 12:22 pm
by Jambo
Are the children under 21 or dependant on you?

Regulation 7(1)(b) defines children as either yours or your spouse.

Posted: Mon Jul 22, 2013 12:25 pm
by idealstar
Yes, two under 21, all three dependent 100% on me. (Oldest is 22)


Jambo wrote:Are the children under 21 or dependant on you?

Regulation 7(1)(b) defines children as either yours or your spouse.

Posted: Mon Jul 22, 2013 1:33 pm
by Obie
For the oldest, they have a right to an EEA family permit if they are dependent on you or your wife.

For the other 2, if they are under 18, then permission is required from their dad, or the mother is required to show that she has been their primary career, and the biological father has had no role in their lives.

Posted: Mon Jul 22, 2013 1:36 pm
by idealstar
Thanks for the reply.

All that have been done. Just confirms my thoughts. I will wait until I get the paperwork back to see what their reasons are and re-apply or appeal.

One would think that a few phone calls or interviews would sort this out instead of creating an extremely stressful situation.
Obie wrote:For the oldest, they have a right to an EEA family permit if they are dependent on you or your wife.

For the other 2, if they are under 18, then permission is required from their dad, or the mother is required to show that she has been their primary career, and the biological father has had no role in their lives.