EEA national spouse visa denied

[fnunes]

An overzealous ECO in British Consulate in Manila just deny my wife the visa to enter in the UK. The reason? I, (a Portuguese national living in Macau), DO NOT currently reside in the UK and I DOT NOT show intention to reside there… This insane bureaucrat acknowledges that I, as an EEA national, do have the right to reside in the UK, but not for 10 days, all I asked. As this is not grotesque enough, the creature decided our application DO NOT attract the right of appeal because my wife DO NOT shows she is my wife, despite the marriage certificate attached confirming we are married since 1999 and plenty of other evidence suggesting the we are married indeed.

This case is all so bizarre I can’t even figure where to seek help to rebut this. Fight this in the Justice is out of question, it would take months and I already bought everything to our trip in September. If you have any suggestion or advice how I can fix this it would be greatly appreciated. Thanks in advance & have a nice day.

I note that you state in your application that you plan to visit the UK for three weeks and that you will be travelling with your Portuguese spouse, Mr. X . You state in your application that you will be spending one week in London, one week in Switzerland and one week in Croatia. From the documents submitted and information provided there is no evidence to show that your spouse is currently residing in the UK. Furthermore from the information stated in your application I am not satisfied that your spouse plans to exercise his treaty rights in the UK. You have failed to provide evidence that your EEA national family member is a qualified person in accordance with Regulation 6 of the Immigration (European Economic Area) Regulations 2006. I am, therefore, not satisfied that your EEA national family member is residing in the UK in accordance with the Immigration (European Economic Area) Regulations 2006.

I therefore refuse your EEA Family Permit application because I am not satisfied that you meet all of the requirements of regulation 6 of the Immigration (European Economic Area) Regulations 2006.

Your application does not attract a right of appeal under regulation 26 (2) (3) of the Immigration (European Economic Area) Regulations 2006 as you have failed to supply any evidence of your identity that you are related as claimed to your EEA national sponsor

PS The full text of this anecdote is here: http://1drv.ms/1K2VUNS

[vinny]

The refusal is ridiculous.

The marriage certificate should be sufficent to establish that she is an EEA family member, unless they have evidence to prove that it was a marriage of convenience.

[fnunes]

Thanks for your reply. Prove this marriage is one of the convenience would be quite difficult…
We sent together with the application:

• The original of the Marriage Certificate showing we legally and lawfully marry in Macau Register Office on November 1999, showing evidence our marriage, by the length itself, is not one of the convenience.

Despite not legally obliged by law, we sent also the following to help to clear any doubt in the ECO mind:

• A bank statement with our house mortgage loan, indication that we own and we are still paying, every month, our residence in Macau, showing evidence of co-habitation and strong ties with our home.
• An invoice from Macau Revenue Department for the Tax property showing evidence we pay taxes together.
• A visa to USA valid until 2020, another to Schengen Area valid for 6 months, and another already expired to Japan, showing we have a history of travel together and we don’t have difficulties in obtain visas to countries with entry requirements no less demanding than the UK.
• A detailed itinerary with the places we are visiting, including some of the performances we plan to attend, flights, car rental, hotel reservations, etc. showing plenty evidence that we plan to travel and came back home together.
• It was show on the application that I am a civil servant, working for Macau Government, showing evidence of a reasonable income, sufficient funds to support ourselves while in vacations and strong ties with my job. We both have health benefits 100% covered by Macau NHS and in addition we will be covered by a travel insurance. In any case, our presence in the UK, would ever be a burden to the British taxpayers.

If none of this were enough to satisfy this creature, what would be? What can I do now?

[a.s.b.o]

I am confused. Do you intend to work in UK, or only visit? If work, then what you have provided (included in your proposed travel plans) works against you, as it demonstrate that you in UK only for a short while. If you intend to visit, then a C: visit type visa (imho) would be more appropriate.

[fnunes]

I want to visit for 10 days and this is the correct type of visa, the EEA Family Permit. There is no other one. The visit visa type would be appropriate if my wife would travel alone, but that’s not the case.

The problem here is another: the ECO clearly does not understand EU free movement Directives nor the UK immigration Regulations nor the Home Office and UKBA Guidance. We had only planned a short visit to the UK. But the ECO imagines the EU citizen must first go ahead to the UK, as an exercise of treaty rights, so that the family member would then qualify for an EU free movement EEA family permit to participate in the vacation.

These failure generated a further failure, which was the ECO inability to recognize that the EEA national and the wife would be entering the UK together and, for a short visit, up to three months, there is no requirement that the EU citizen must first be in the UK. The ECO simply ignores that the UKBA is subject to substantive free movement law, and only gives the ECO the right to verify if EU citizens and their family members have free movement rights, not to deny them their rights, if they have.

The ECO also ignores that once the conditions for the grant of an EEA family permit were satisfied, (and they were!) the ECO has - and had - no discretion: he "MUST" issue an EEA family permit to the applicants if they apply for one.

My problem is different… How am going to solve this? I cannot appeal, I cannot re-submit the application, what can I do to fix this?

[wegiwegi]

An EEA family permit is a document for nationals that live outside the European Economic Area (EEA) but have a family member living inside the EEA who is not UK citizen. The non-EEA national will need to be journeying with the EEA national or joining them in the UK.

Seems here that is all a great area, in which the person has to be already living somewhere in Europe.

In the other hand, a possibility will be flying to Switzerland or Croatia first, and travel by train or coach to the UK, that way, the family permit is not needed, just your passports nd marriage certificate should be enough, but probably this is not an option for you.
You could contact Solvit and see what is the point of view.

[chaoclive]

An EEA family permit is a document for nationals that live outside the European Economic Area (EEA) but have a family member living inside the EEA who is not UK citizen. The non-EEA national will need to be journeying with the EEA national or joining them in the UK.

Seems here that is all a great area, in which the person has to be already living somewhere in Europe. WHERE EXACTLY DID YOU GET THIS IDEA? I WAS AN IRISH CITIZEN LIVING IN CHINA AND MY CHINESE CIVIL PARTNER GOT AN EEA FAMILY PERMIT WITHIN A FEW DAYS. THERE IS NO SUCH REQUIREMENT.

In the other hand, a possibility will be flying to Switzerland or Croatia first, and travel by train or coach to the UK, that way, the family permit is not needed, just your passports nd marriage certificate should be enough, but probably this is not an option for you.
You could contact Solvit and see what is the point of view.

OP: Do you have an email/phone number for the Embassy in Manila?

Who told you that you can't reapply?

You can definitely resubmit an application for a family permit fi you would like to do so. If I were you, I would be reapplying and addressing every single point in the refusal letter saliently to let them know that they are wrong.

Draw their attention explicitly to the fact that you are not living in the UK and don't need to be to benefit from an EEA family permit for a non-EEA partner. Also point out the fact that you marriage cert was enclosed with your partner's application form. Also, let them know that they are in contravention of EEA law and that you have/are going to contact SOLVIT (http://ec.europa.eu/eu-rights/enquiry-c ... solvit-web). You are aware of the law; so let them know that they are breaking it.

Hope it works out for you!

[a.s.b.o]

I want to visit for 10 days and this is the correct type of visa, the EEA Family Permit. There is no other one. The visit visa type would be appropriate if my wife would travel alone, but that’s not the case.

The problem here is another: the ECO clearly does not understand EU free movement Directives nor the UK immigration Regulations nor the Home Office and UKBA Guidance. We had only planned a short visit to the UK. But the ECO imagines the EU citizen must first go ahead to the UK, as an exercise of treaty rights, so that the family member would then qualify for an EU free movement EEA family permit to participate in the vacation.

These failure generated a further failure, which was the ECO inability to recognize that the EEA national and the wife would be entering the UK together and, for a short visit, up to three months, there is no requirement that the EU citizen must first be in the UK. The ECO simply ignores that the UKBA is subject to substantive free movement law, and only gives the ECO the right to verify if EU citizens and their family members have free movement rights, not to deny them their rights, if they have.

The ECO also ignores that once the conditions for the grant of an EEA family permit were satisfied, (and they were!) the ECO has - and had - no discretion: he "MUST" issue an EEA family permit to the applicants if they apply for one.

My problem is different… How am going to solve this? I cannot appeal, I cannot re-submit the application, what can I do to fix this?

You got a point, but that point works against you. Correct, you can get EEA FP but only if you intend to move to UK. As rightly pointed out, you have a 3 months period at the outset, at which you do not need a pre-planned employment, or indeed, you do not need to pre-exercise your rights. If you state in a re-submitted form that you intend to move to UK, then your wife would receive the EEA FP in order to cover the initial 3-months period.

From what you indicate, you want to accommodate her visit. Apply for C: type and since she travels with you, she gets it free of charge.

[chaoclive]

You got a point, but that point works against you. Correct, you can get EEA FP but only if you intend to move to UK-----------WHERE IN ANY OF THE LEGISLATION DOES IT STATE THIS? PROVIDE A QUOTE PLEASE. I KNOW OF PEOPLE USING AN EEA FP FOR A SHORT TRIP TO THE UK FOR A HOLIDAY. PLUS, THE VISIT VISA IS NOT SPECIFICALLY FOR EEA FAMILY MEMBERS; THE EEA FP IS..-----------. As rightly pointed out, you have a 3 months period at the outset, at which you do not need a pre-planned employment, or indeed, you do not need to pre-exercise your rights. If you state in a re-submitted form that you intend to move to UK, then your wife would receive the EEA FP in order to cover the initial 3-months period. IT WOULD BE VERY OBVIOUS TO AN ICO THAT HE IS CHANGING HIS STORY.

From what you indicate, you want to accommodate her visit. Apply for C: type and since she travels with you, she gets it free of charge.

[fnunes]

Great thanks for your replies. I would like to inform all that after send a very despairing email to the British Embassy Manila, I just received another email informing the ECM has reviewed the application, overturned the decision and apologized for the error. All is well now. But this is a disgrace. While I understand that there are a large number of cases of abuse on the free movement law to be concerned about, such cannot be defended to undermine the legitimacy of the free movement rights for those who exercise free movement rights honestly, which is our case.