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EEA Treaty Rights- What are they?

General UK immigration & work permits; don't post job search or family related topics!

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Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

limey
Member
Posts: 167
Joined: Fri Mar 09, 2007 7:33 pm
Location: France

Post by limey » Sat Aug 11, 2007 12:04 am

CB1964: Congratulations!

I will be trying the same thing in 2-3 months time using my Irish citizenship for my Non-EU spouse to join me in the UK. I'll let you know how we get on! 8)

CB: You never gave the reason why the EEA Family Permit was refused in the first place. Can u tell us so we can learn from your experiences? Thanks!

cb1964
Junior Member
Posts: 51
Joined: Sun Jul 01, 2007 7:55 pm

Post by cb1964 » Sat Aug 11, 2007 6:05 am

limey wrote:CB1964: Congratulations!

I will be trying the same thing in 2-3 months time using my Irish citizenship for my Non-EU spouse to join me in the UK. I'll let you know how we get on! 8)

CB: You never gave the reason why the EEA Family Permit was refused in the first place. Can u tell us so we can learn from your experiences? Thanks!
There were a few reasons. My husband was asked to verbally describe a martial art move (we have practised together many times, but he never formerly learned) he said that he found it difficult to describe but would show the ECO. The ECO would not let him and then stated he could not describe it.

None of my family attended the wedding basically because one sister was recovering from having a brain tumour removed and my other sister has Down's syndrome and prone to chest infections (I should point out that my husband and I married in Mauritania as that was where he was working). Travel for either of them would have been very foolish.

The ECO also suggested that the calls we made via Yahoo messenger were only made in order to fool the ECO and that we did not verbally communicate. Amongst the copious documents my barrister and myself presented was a 51 page document showing snippets of conversations written in Yahoo messenger whilst we also spoke. The purpose being to evidence the fact that we did not just open Yahoo and walk away.

The ECO also chose to ignore the cards and so forth included with the application stating there was no evidence to prove they had been sent. I would also say that if people have sent you congratulatory cards retain the envelopes and include them with your application.

When the solicitor told me the judge upheld the appeal I cried with joy - That is a definite first for me.

I hope that is of some help and if you need any more info let me know.

Are you having an appeal heard or making a visa application?

limey
Member
Posts: 167
Joined: Fri Mar 09, 2007 7:33 pm
Location: France

Post by limey » Sat Aug 11, 2007 10:13 am

CB: No wonder you won your case and no wonder they didn't say anything in court because they knew they were in the wrong.

Its as if you were originally assessed using UK spouse visa rules with the amount of proof they were demanding, when in fact you were applying for an EEA Family Permit. It just shows how clueless they are. The UK embassy in China also ask for ridiculous amounts of proof when applying for Family Permits. It was on their website last time I looked for all to see high-lighting their incompetence to the whole World.

It caused you both unecessary stress but at least it is sorted now!

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Sat Aug 11, 2007 10:18 am

CB1964, congratulations on your husband getting the EEA Family Permit!

As regards the interview experience, well I am just amazed! They are entitled to refuse to issue it if they think that the marriage is a "marriage of convenience" but how they came to that conclusion based upon what you have posted is, well, simply beyond me!

Now appreciate that the EEA Family Permit is only for 6 months. In that 6-month period it is advisable for your husband to apply in the UK on form EEA2 for a 5-year Residence Card. OK, he does not actually need to apply for that but will struggle to convince anyone that he can work in the UK unless he applies for the Residence Card. But technically the Residence Card is merely confirmatory, that is, it gives him no more EU Treaty Rights than he would have anyway.
John

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