Help putting together our new EEA Family Permit application

[vineleaf]

Hello guys,

My husband is an Australian citizen, applying for an EEA Family Permit. I am a dual Spanish and Australian citizen.

We recently received a Refusal of Entry Clearance response from our first EEA Family Permit for some fairly puzzling reasons:

1. UKVI were not satisfied that my husband was a family member in accordance with Regulation 7.
2. I failed to provide evidence that I am a qualified person as per Regulation 6.

So a brief outline of our situation. We have been married for four years, and provided our marriage certificate in the first application. Prior to this we were dating for a further three years (making 7 all together if you are counting).

We are both in France at the moment where my husband has a working holiday visa that is valid until March 2015. We are applying (well attempting to anyhow) for the EEA Family Permit here. While we thought we had left plenty of time, we have a fairly pressing engagement in London very shortly (two weeks).

I am a jobseeker so am therefore a 'qualified person'. I have evidence of jobseeking (e.g. applications and emails to and from employers) and of my likelihood to gain work (cv, letter of recommendation, registration with UK professional body). We also have savings and income from investments and a rental property to support us while I am applying (and even if I don't get a job).

So what we have decided to do is to reapply, bite the bullet and pay for the 'priority processing service' - we have an appointment on Monday morning Paris time.

Does anyone have experience of reapplying for an EEA permit after a refusal through the priority processing service?

Any advice about what else we should add/change in our cover letter to address the refusal and explain the urgency?

If this is rejected again, or we don't hear back before our travel date of 20 September, we will be in a very difficult situation. Any ideas about what we could do then? (We considered just going to the UK, but I understand the consequences of a border turn back are significant, and I have the refusal of entry clearance stamp in my passport now so I may be refused).

Thanks in advance!

[rosebead]

I take it that you haven't yet established a residence in the UK? In that case, the first 3 months of your stay in the UK are unconditional - you are not required to be in work, be a jobseeker, show sufficient funds, have settled accommodation or anything. I think the caseworker who looked at your case must've been half-asleep. If I were you I'd write a letter asking for a reconsideration and point out their mistake. I would also re-apply for the EEA Family Permit at the same time. If you're really rushed for time, just turn up at Calais and ask for a Code 1A, an on-the-spot entry visa. Under MRAX case law the UK immigration officers have to issue it if you present your passports and marriage certificate.

[vineleaf]

Thanks for getting back to us so quickly rosebead.

We have not established a residence in the UK at this stage.

We've resubmitted our online form and have an appointment on Monday morning. We'll see if they can get that through in time. It took 10 days to process the first, and that is around how much time we have so it's going to be an un-fun couple of weeks.

We're thinking we will appeal the decision at a later date, and just attempt to get this next application through, we're being a little more specific in this application about how we satisfy the conditions. Hopefully this will point them in the right direction.

It's good to know that Code 1A is available to us. That will be a good out if necessary.

Fingers crossed our faith in sanity prevailing is justified...