Date: As Emailed (
02 August 2014 13:23)
To: Home Office
UK Visas and Immigration
Permanent Migration
PO Box 306
Liverpool
L2 0QN
CC: Nadhim Zahawi (
nadhim.zahawi.mp@parliament.uk)
Pre Action Letter / Letter for Reconsideration
Dear Sirs, FAO: Linda Bateman, N. Roche
I write today with a formal request for reconsideration of your unlawful decision to refuse to issue confirmation of my wifes right to reside in the United Kingdom pursuant to Reg. 9 of the Immigration (European Economic Area) Regulations 2006.
I note that you have cited the current version of the Immigration Regulations. It appears clear that you failed to read through the evidence providied - including my cover letter (Mr xxxx) and my wife's letter of application. If you had read such, you would of seen:
I support my wife's application under the Immigration (European Economic Area) Regulations 2006 (as amended) pursuant to the transistional regulations which are implemented (rendering the centre of life requirement void) as my wife was issued with a family permit before Jan 1st 2014.
I note that your team has failed to observe your evidential flexibility policy. As I had supplied photocopies of documents, it is clear that I hold the originals. You should of requested these documents.
I also note that form EEA2 actually states that we do not need to supply ANY DOCUMENTATION. Only our passports - as you already had all documents to process our EEA Family Permit application..
To be honest, it appears pretty clear, with your unlawful refusal, that your department is simply trying to make our complaints about your actions disappear.
Your department is very well aware of my wife's case. Your department hold a copy of her Family Permit - and in any event saw the family permit in her passport. The application letter drew very clearly to the fact she holds a Family Permit issued pre the amended regulations.
So: The amended regulations:
http://www.legislation.gov.uk/uksi/2013/3032/made
Transitional provisions
6. Schedule 3 has effect.
Family members of British citizens
2. (1) The substitution of regulation 9 of the 2006 Regulations by paragraph 5 of Schedule 1 has no effect in relation to the family member (“F”) of a British citizen where the criteria in subparagraphs (2) or (3) are met.
(2) The criterion in this subparagraph is met where, upon the coming into force of these Regulations, F was a person with a permanent right to reside in the United Kingdom under the 2006 Regulations.
(3) The criteria in this subparagraph are met where, upon the coming into force of these Regulations, F was a person with a right to reside under the 2006 Regulations; and
(a)held a valid registration certificate, residence card or EEA family permit issued under the 2006 Regulations;
(b)had made an application under the 2006 Regulations for a registration certificate, residence card or EEA family permit which had not been determined; or
(c)had made an application under the 2006 Regulations for a registration certificate or residence card which had been refused and in respect of which an appeal under regulation 26 of the 2006 Regulations could be brought while the appellant is in the United Kingdom (excluding the possibility of an appeal out of time with permission) or was pending (within the meaning of regulation 25(2) of the 2006 Regulations).
(4) Where met, the criteria in subparagraphs (2) and (3) remain satisfied until the occurrence of the earliest of the following events—
(a)the date six months after an EEA family permit has been issued if F has not within that period been admitted to the United Kingdom;
(b)the date on which an appeal against a decision referred to in subparagraph (3)(c) can no longer be brought (ignoring the possibility of an appeal out of time with permission) where no such appeal has been brought;
(c)the date on which any appeal against a decision referred to in subparagraph 3(c) is finally determined, is withdrawn or is abandoned (within the meaning of regulation 25(2) of the 2006 Regulations), save where the outcome of the appeal process is that the document in question falls to be granted;
(d)the date on which F ceases to be the family member of an EEA national or a family member who has retained the right of residence, within the meaning of regulation 10 of the 2006 Regulations; or
(e)the date on which F’s right of residence under regulation 15 of the 2006 Regulations (permanent right of residence) is lost in accordance with paragraph (2) of that regulation (right of permanent residence lost through more than two years’ consecutive absence).
Furthermore, I draw attention to form EEA2 (
https://www.gov.uk/government/uploads/s ... _06-14.pdf )
SECTION 5 – SURINDER SINGH CASES (family members of British citizens)
Complete this section if you are applying for a residence card under the judgment in the case
of Surinder Singh because your British citizen family member has exercised their Treaty rights
as a worker or self-employed person in an EEA Member State other than the UK.
You must also complete either section 6 or 7 to show how your British citizen family member
was exercising Treaty rights in another EEA Member State.
Please note: if you entered the UK with a valid EEA family permit issued under
the Surinder Singh judgment as the family member of the British citizen named
in section 3, you do not need to complete this section. If this is the case, tick
the box to the right and then go to straight to section 10.
SECTION 10 - PERSONAL HISTORY
At no point was any documentation requested for my wife. My wife entered with a valid EEA Family Permit to Acc W B Pearsall - issued pursuant to Reg. 9 of the Immigration (European Economic Area) Regulations 2006 as they stood in December 2013. Photocopies (of documents UKVI already held originals of) were simply provided as a matter of courtesy.
You have refused my wife's application, on the gounds of being unable to validate that we lived together in ireland, that theres no proof that I was self employed, and that my centre of life hadn't transfered.
Well on all three counts, you are wrong. The Home Office already covered the first two in the FP application. Therefore no further proof is required. The third: My wife, business, home and children were in Ireland. So in any event, my centre of life had indeed transfered.
I draw attention to PIN 43/2014 (
https://www.whatdotheyknow.com/request/ ... rocess.pdf )
A re-consideration of a decision to refuse an applicant under the European Regulations can be sought if an applicant or representative believes that the outcome of a case is incorrect. Under European legislation we are obliged to re-consider European cases if requested and sometimes a reconsideration will avoid a case going to appeal.
Therefore, As we know the outcome of this case is incorrect, we request - as required in law - a reconsideration of your decision which is a clear caseworker error. We make this request on the basis of being a cost-cutting excercise for both yourselves (and the public purse) and our own legal costs.
Yours truly,