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I am a Venezuelan married with a Spanish citizen. I was recently denied an EEA Family Permit application since the Entry Clearence Officer considered that my relationship with my wife is too long and I did not provide evidence to prove that it is a legitimate marriage. We started our relationship in 1999, got married in 2006 and have had three children born in 2009, 2010 and 2011 (I filed our marriage certificate and birth certificates of our three children). The ECO mentioned that he would have expected to have photographic evidence.

I was given the right to appeal and I actually filed my appeal last 26 July 2018. The First Tier Inmigration Tribunal sent me a letter last 17 August 2018 to confirm safe receipt of the appeal and notified the ECO of the appeal and we are now expecting that the ECO delivers the corresponding documentation of the case. This is expected to last at least 15 weeks! After the 15 weeks, the tribunal will allocate a date for written submissions and then the judge will have some time to render a decision. Since Brexit will take effect next march, I am concerned that we can loose the chance to move to the UK.

I was wandering what would be my best option:
1. Should I wait for the decision of the court on my appeal?
2. Should I withdraw the appeal and file a new application for EEA Family Permit?
3. Should I file a new application for EEA Family Permit and keep the appeal proceedings alive? (I understand that a new decision granting the EEA Family Permit would make the court to consider that the appeal has been withdrawn)

Any comments? Recommendations? Sugestions?

There is no requirement to withdraw an appeal when making a new entry clearance application.

Include evidence of subsisting marriage.

Many, many thanks!
The refusal of the EEA Family Permit must be included in the new application when they ask if you have been refused a visa for any country including the UK in the last 10 years?
I appreciate all your help!

jgtorreal wrote: ↑

Wed Aug 22, 2018 9:54 pm

Many, many thanks!
The refusal of the EEA Family Permit must be included in the new application when they ask if you have been refused a visa for any country including the UK in the last 10 years?
I appreciate all your help!

Yes

Hello jgtorreal, I’m facing the same situation as yours. May I ask how’s your application current status? I’ve waited for that 15 weeks and seems my appeal will be listed. I sent them of my intention of withdrawal today. Thank you!

Hi!
I filed a fresh newe application for the EEA Family Permit in september. I did not withrew the appeal filed against the refusal of my first application.

The FP was granted in october and, additionally, I reveived a letter from the officer who refused my first application, where he mentioned that he reviewd my appeal and the evidence I produced with it and decided to withdrow his first decision and recommend granting of the FP.

The evidence I filed was basically a photo album with pictures of my wife and I since 1999 to 2018.

Hope this is useful!

jgtorreal wrote: ↑

Thu Mar 14, 2019 6:23 pm

Hi!
I filed a fresh newe application for the EEA Family Permit in september. I did not withrew the appeal filed against the refusal of my first application.

The FP was granted in october and, additionally, I reveived a letter from the officer who refused my first application, where he mentioned that he reviewd my appeal and the evidence I produced with it and decided to withdrow his first decision and recommend granting of the FP.

The evidence I filed was basically a photo album with pictures of my wife and I since 1999 to 2018.

Hope this is useful!

And what was the result of your second application did you get your visa in your second application or it was refused pls when you recived a letter from home office that they withdraw their decision ?

aniinA wrote: ↑

Wed Jan 02, 2019 3:52 pm

Hello jgtorreal, I’m facing the same situation as yours. May I ask how’s your application current status? I’ve waited for that 15 weeks and seems my appeal will be listed. I sent them of my intention of withdrawal today. Thank you!

What was your timeline did get you result ?