Urgent Help Needed EEA FP got rejected!

[mandiri]

Hi, please if someone can help. I am a EU Citizen married to a non-EU citizen and we are residing outside the EEA.

We have applied for EEA FP for my wife, we got married in August last year. I am a divorcee (EEA National).

We applied 2 weeks ago with the following supporting documents:

Cover Letter from non-EEA National
Our Passports
Original Marriage Registration Certificate
Declaration from the husband (EEA National) that non-EEA spouse will be accompanying him to UK
Original salary slips of husband (EEA National) for past 6 months
Bank Statement of husband (EEA National) for past 6 months
Bank Statement of Joint Account held with less finance
Photographs of our engagement, marriage, trips to overseas after marriage

Today we received a refusal letter stating that "You state that you married your sponsor on __/08/2014. However, I note that you have stated that your spouse is divorced but have not presented evidence that your spouse is legally divorced.

In view of above, I am not satisfied that you have demonstrated that your marriage is valid. I am therefore not satisfied that you meet the requirements of Regulation 7 of the Immigration (EEA) Regulations 2006.

On the evidence you have presented and considering your application as a whole. I am not satisfied that you meet the requirements as the spouse or partner of an EEA National as defined by the Immigration (EEA) Regulations 2006. I have also taken into account of article 8 of the Human Rights Act. I consider that refusing this application is justified and proportionate in the exercise of the immigration control. I do not believe that refusing this application will interfere with family life, for the purposes of article 8 (1), as you can continue to enjoy that in India.

I therefore refuse your EEA family permiy application because I am not satisfied that you meet all of the requirements of Regulation 7 of the Immigration (EEA) Regulations 2006.

NOW WE ARE BOTH SHOCKED! AND DONT KNOW WHAT SHOULD WE DO NEXT. REAPPLY WITH THE REQUIRED DECREE OF DIVORCE OR APPEAL IS A BETTER WAY TO GO.

Can please someone suggest, we are already booked to fly to UK in mid of September.

Please.....Its driving us crazy!

[fasi2530]

Appeal the refusal and submit the required document with appeal. new application wont give you success as they refused my application 3 times. by applying for you will save your time. must submit your divorce document as well.

[mandiri]

Appeal the refusal and submit the required document with appeal. new application wont give you success as they refused my application 3 times. by applying for you will save your time. must submit your divorce document as well.

Dear Faisal

Thank you very much for your reply.

I have realized that appeal needs to be made in UK and costs around GBP 80.

Since in the decision letter, UKVI has considered our marriage invalid, due to lack of evidence of the EEA National divorce decree. Wont it make sense just to reapply once with the divorce decree and in case it again gets rejected then take up the appeal route.

I am also not sure how long does appeal takes before decision is made. We are booked to fly in mid of September.

GURU's any advice or experience will be highly appreciated.

Do I need to proivde further evidence then the supporting documents already supplied to the UKVI.

They kept only the EEA National Passport Copy and letter from EEA National, rest all the documents were returned.

PLEASE GUYS, NEED HELP. DONT KNOW WHAT TO DO?

[Annebee]

Appeal the refusal and submit the required document with appeal. new application wont give you success as they refused my application 3 times. by applying for you will save your time. must submit your divorce document as well.

Dear Faisal

Thank you very much for your reply.

I have realized that appeal needs to be made in UK and costs around GBP 80.

Since in the decision letter, UKVI has considered our marriage invalid, due to lack of evidence of the EEA National divorce decree. Wont it make sense just to reapply once with the divorce decree and in case it again gets rejected then take up the appeal route.

I am also not sure how long does appeal takes before decision is made. We are booked to fly in mid of September.

GURU's any advice or experience will be highly appreciated.

Do I need to proivde further evidence then the supporting documents already supplied to the UKVI.

They kept only the EEA National Passport Copy and letter from EEA National, rest all the documents were returned.

PLEASE GUYS, NEED HELP. DONT KNOW WHAT TO DO?

I will definitely re apply . And provide the missing support documentation (decree absolute) . also emotion that on your covering letter. Wish you luck

[Obie]

Appeal and reapply incase the ECO chooses to bring up some non existence basis of refusal, you know your case will be on the system..

[mandiri]

Dear Obie

What do you mean exactly? That I should reapply and at the same time appeal as well.

I haven't understood it clearly? What to do first reapply or appeal?

Thanks

[Obie]

You have a right to do both simultaneously
.

[Annebee]

Dear Obie

What do you mean exactly? That I should reapply and at the same time appeal as well.

I haven't understood it clearly? What to do first reapply or appeal?

Thanks

Go with OBie's suggestion , he is quite experienced with these things

[mandiri]

You have a right to do both simultaneously
.

Dear Obie

Great thanks to you for your response.

How does appeal work? What documents need to be submitted for appeal and how to go ahead with appeal? Is it true that 80 GBP needs to paid even for EEA FP Appeal.

They also ask for you to explain in IAFT-6

EEA Decision
2. If you feel that the Home Office decision is restricting your rights under the EEA right to free movement, please explain why.

What should one write here?

[mandiri]

Hi Obie

We have now filled in a new application for EEA FP and this time we are enclosing my decree of divorce. Just looking for some suggestions how to incorporate the same in the covering letter from my wife and the letter from my side as EEA National.

Letter from non-EU National

Dear Sir/Madam

I would like to introduce myself as xxxx holding non-EU Passport No. xxxxx. I am married to xxxxx who is a EU National

Prior to our marriage, my husband was residing with his parents at xxxxxx. We got married on xxxx at xxxx and after our marriage we started living together at xxxxx.

I am a homemaker and my husband is working as xxxxx for a private limited company in xxxx. I wish to accompany my husband to United Kingdom on xxxxx and my husband is going to bear all the expenses for our trip.

I had earlier applied for an EEA Family Permit on xxxx, which was subsequently refused since I didn’t provide the decree of divorce of my husband.

Now I wish to make a fresh application, to enable me to accompany my husband to the United Kingdom, I request you to kindly issue me an EEA Family Permit on priority basis. As a part of my application, please find the following documents enclosed in order:

1) Application for EEA Family Permit duly signed along with 1 passport-sized colour photograph
2) Valid Passport and photocopy of my previous passport with visas and travel stamps
3) Original Passport of my husband (EEA National)
4) Original Marriage Registration Certificate
5) Original Decree of Divorce of my husband (EEA National)
6) Declaration from my husband (EEA National) that I will be accompanying him to UK
7) Original salary slips and original bank statement of my husband for the past 6 months
Certified copy of the photo passbook of our joint bank account
9) Photographs of our Engagement Ceremony, Marriage Ceremony and our trips xxxx after marriage.


In case you require any further details, please feel to contact me via email at xxx or via telephone at xxxxx.

Letter from EEA National

Dear Sir/Madam

My name is xxxx and I am an EU citizen holding passport number xxxxxx. I am married to xxxxxx who is a non-EU national.

We first met on xxxx in xxxx through common friends. We fell in love and got engaged on xxxx between family and friends at xxxxx. We got married on xxxx at xxxx between family and friends and ever since our marriage we have been residing together at xxxxx.

We wish to travel to UK on xxxxx and my wife would be accompanying me to the UK. I will be bearing all the expenses for our trip.

She had earlier made an application for EEA Family Permit on xxxx which was refused on the grounds that she didn’t provide my decree of divorce, which is now being enclosed for your ready reference.

Now, I hereby request you to kindly issue her an EEA Family Permit on priority basis to enable her to accompany me to the United Kingdom.

PLEASE SUGGEST HOW TO BEST WRITE THE COVER LETTERS AND HIGHLIGHT THE FACT THAT DECREE OF DIVORCE IS NOW BEING ENCLOSED WHICH WAS THE MAIN REASON FOR REFUSAL!

Thanks a lot for your help. We are very depressed and scared that even this time they may not find some other reason to reject the EEA FP.

[mandiri]

Can please someone help. It's urgent as we need to submit our second application tomorrow.

Any feedback will be very helpful!

[mandiri]

CAN PLEASE SOMEONE HELP!