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SOS------EEA family permit refusal

Posted: Wed Dec 02, 2015 5:21 pm
by nydeohcat
Could anyone help me out cause I'm really confused.I got the refusal letter today says:

"You have applied for an EEA family permit to accompany xxx to the United Kingdom as his wife. I have considered your application under regulation 7 of the Immigration( European Economic Area) Regulations 2006......The Decision: You have applied for an EEA Permit to accompany your husband, a Finish national, to the UK. You have not submitted documents to evidence your husband's identity and nationality. In view of your failure to provide satisfactory evidence. I am not satisfied that you are the family member of an EEA national in accordance with......"

But I DID submit my husband passport copy. I thought that is enough to prove his nationality,no? And background as follow if it helps: I'm Chinese living in Finalnd and I applied UK visa for traval with my husband (Finnish).

So my question is:

1, Do I need to provide my husband' ID card? ( He doesn't own one actually,it's not necessary in Finland) or some sort of citizenship proof?
2, Should I appeal ( since I assume I gave enough evidence) or just apply again?

Thanks in advance !!!

Re: EEA family permit refusal

Posted: Wed Dec 02, 2015 5:26 pm
by CR001
I have moved your post to the correct forum here. It was not appropriate in the Tier 1 General forum where you posted.

Re: EEA family permit refusal

Posted: Wed Dec 02, 2015 5:30 pm
by nydeohcat
CR001 wrote:I have moved your post to the correct forum here. It was not appropriate in the Tier 1 General forum where you posted.
Yeah, I just noticed should have posted here :?

Re: EEA family permit refusal

Posted: Wed Dec 02, 2015 5:32 pm
by CR001
No problem. Hopefully someone who can offer advice will be able to do so for you soon.

Re: EEA family permit refusal

Posted: Wed Dec 02, 2015 5:33 pm
by noajthan
nydeohcat wrote:Could anyone help me out cause I'm really confused.I got the refusal letter today says:

"You have applied for an EEA family permit to accompany xxx to the United Kingdom as his wife. I have considered your application under regulation 7 of the Immigration( European Economic Area) Regulations 2006......

...

In view of your failure to provide satisfactory evidence. I am not satisfied that you are the family member of an EEA national in accordance with......"

...

So my question is:

1, Do I need to provide my husband' ID card? ( He doesn't own one actually,it's not necessary in Finland) or some sort of citizenship proof?
2, Should I appeal ( since I assume I gave enough evidence) or just apply again?

Thanks in advance !!!
Page 3 of this FP-related information suggests what is required:
https://www.gov.uk/government/uploads/s ... permit.pdf

And page 12 of this HO guidance gives a further steer on acceptable & adequate evidence of identity:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf

It appears the officer did not accept the copies you provided as adequate supporting evidence of spouse/sponsor's identity.

Your appeal options appear somewhat limited:
An unsuccessful applicant for an EEA family permit has an out of country right of appeal
against this decision.

There is no right of appeal under regulation 26(2) and (3) of the Immigration (EEA)
Regulations 2006 if they did not provide evidence of either the EEA national family member’s nationality or how they are related
Ref: https://www.gov.uk/government/uploads/s ... 7_0ext.pdf

Re: EEA family permit refusal

Posted: Wed Dec 02, 2015 6:17 pm
by nydeohcat
noajthan wrote:
nydeohcat wrote:Could anyone help me out cause I'm really confused.I got the refusal letter today says:

"You have applied for an EEA family permit to accompany xxx to the United Kingdom as his wife. I have considered your application under regulation 7 of the Immigration( European Economic Area) Regulations 2006......

...

In view of your failure to provide satisfactory evidence. I am not satisfied that you are the family member of an EEA national in accordance with......"

...

So my question is:

1, Do I need to provide my husband' ID card? ( He doesn't own one actually,it's not necessary in Finland) or some sort of citizenship proof?
2, Should I appeal ( since I assume I gave enough evidence) or just apply again?

Thanks in advance !!!
Page 3 of this FP-related information suggests what is required:
https://www.gov.uk/government/uploads/s ... permit.pdf

And page 12 of this HO guidance gives a further steer on acceptable & adequate evidence of identity:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf

It appears the officer did not accept the copies you provided as adequate supporting evidence of spouse/sponsor's identity.

Your appeal options appear somewhat limited:
An unsuccessful applicant for an EEA family permit has an out of country right of appeal
against this decision.

There is no right of appeal under regulation 26(2) and (3) of the Immigration (EEA)
Regulations 2006 if they did not provide evidence of either the EEA national family member’s nationality or how they are related
Ref: https://www.gov.uk/government/uploads/s ... 7_0ext.pdf
Thanks a lot! I have read and gave as much as I have according to the " suggests forms", and judge by the letter the rest of documents were fine. So are you suggesting I should also submit my hubsand's passport as well instead of just copy???

Re: EEA family permit refusal

Posted: Wed Dec 02, 2015 6:32 pm
by noajthan
nydeohcat wrote:...

Thanks a lot! I have read and gave as much as I have according to the "suggests forms", and judge by the letter the rest of documents were fine. So are you suggesting I should also submit my hubsand's passport as well instead of just copy???
That may be what is required to move your case along.

There must be some issue around identity &/or the quality of the copy supplied.
(Or perhaps the copy was completely overlooked or somehow lost within HO - who can tell?!)

Submission of an original passport must surely go some way to resolving the doubt in official's mind.

Re: EEA family permit refusal

Posted: Wed Dec 02, 2015 6:49 pm
by nydeohcat
noajthan wrote:
nydeohcat wrote:...

Thanks a lot! I have read and gave as much as I have according to the "suggests forms", and judge by the letter the rest of documents were fine. So are you suggesting I should also submit my hubsand's passport as well instead of just copy???
That may be what is required to move your case along.

There must be some issue around identity &/or the quality of the copy supplied.
(Or perhaps the copy was completely overlooked or somehow lost within HO - who can tell?!)

Submission of an original passport must surely go some way to resolving the doubt in official's mind.
I'm worried they will take my husband passport as " supporting documents" and not send back that's why I didn't give them before with my other papers. Also, some other people suggested I should certificate the copy of my hubsand passport not just a simple copy.

I have to say it's kind of absurd they refused me with this reason, I mean the rules are not clear/ never mentioned identity prove in which form, at least I haven't found anyone got refusal for this.

Re: SOS------EEA family permit refusal

Posted: Wed Dec 02, 2015 6:54 pm
by Obie
If the copy was the reason they should have explicitly stated so.

In my experience, they are not required to take your husband's original passport.

In most post in Europe, when you go for you biometric, they take copies of the EEA national's passport, and return it , leaving only your original documents and supporting documents.

Re: SOS------EEA family permit refusal

Posted: Wed Dec 02, 2015 7:33 pm
by nydeohcat
Obie wrote:If the copy was the reason they should have explicitly stated so.

In my experience, they are not required to take your husband's original passport.

In most post in Europe, when you go for you biometric, they take copies of the EEA national's passport, and return it , leaving only your original documents and supporting documents.
That's why I'm so confused :|
But the thing is this " UK visa application center" office I went to, its like a mailbox just accept whatever you give to them,no Q&A,not checking your paper correct or enough, and of course didn't ask for hubsand passport...... :roll:

Re: SOS------EEA family permit refusal

Posted: Fri Dec 04, 2015 2:40 pm
by Ayeesha29
nydeohcat wrote:Could anyone help me out cause I'm really confused.I got the refusal letter today says:

"You have applied for an EEA family permit to accompany xxx to the United Kingdom as his wife. I have considered your application under regulation 7 of the Immigration( European Economic Area) Regulations 2006......The Decision: You have applied for an EEA Permit to accompany your husband, a Finish national, to the UK. You have not submitted documents to evidence your husband's identity and nationality. In view of your failure to provide satisfactory evidence. I am not satisfied that you are the family member of an EEA national in accordance with......"

But I DID submit my husband passport copy. I thought that is enough to prove his nationality,no? And background as follow if it helps: I'm Chinese living in Finalnd and I applied UK visa for traval with my husband (Finnish).

So my question is:

1, Do I need to provide my husband' ID card? ( He doesn't own one actually,it's not necessary in Finland) or some sort of citizenship proof?
2, Should I appeal ( since I assume I gave enough evidence) or just apply again?

Thanks in advance !!!
Hi, sorry to hear about your refusal. I am also married to a Finn but we both live in the UK. I know how important the passport is to you but from my experience, it is advised to submit original copies of your sponsor's passport to support the application. You can always request for the passport back once the application has been made.
Although we made a joint application, I submitted his original passport, our marriage certificate, employment details, notice of registration from the Finnish population register centre (this applies if you get married in the UK), his old EHIC to support my application.

The case worker may have only noted the passport as reason for refusal but can you confirm the documents you submitted?