Refusal of EEA Family Permit

[EMaxwell247]

Hello,

Help me with advice please.

I applied for my sons residence permit to join me in the UK in march 2019 he lives in Nigeria.

I have a permanent residence card which i got through my ex husband ( not divorced yet and as the direct family member of an EEA national. So the recent application i made for my son I submitted all necessary document including my payslip bank statement, tenancy agreement, pictures of relationship with him and family, Christening CD, his school result, birth certificate, and my lawyers cover letter i also added my ex husband p60 and payslip of 2017 because we have been living separately even before i got my permanent residence last year June due to Emotional abuse and his unwillingly to help with further document and he told me recently in January he has not been working he lost his Job but still lives in london and not sure if he's lying or saying the truth.

now my son has been refused on the basis of they are not satisfy that his EEA national sponsor is exercising treaty rights in the UK in accordance with regulation 6 of the immigration (European Economic Area) regulations 2016 and therefore refuse his EEA family permit application because they are not satisfied that he meet all of the requirements of regulation 12.

Now he has been given right to appeal under regulation 36 of the immigration (European economic area) regulation 2016 providing if he can prove.

I have contacted my lawyer several times he is not responding and my son has been given 28days from 14th April 2019 to appeal. Could you please advice me on what i can do as soon as possible. His 10 years old and my older brother (his guardian) relocating soon with his family which he stated on the cover letter he wrote as well. i am really confused and stress. Please advice I need help urgently.

[CR001]

Presumably you are a non EU citizen with PR. You cannot sponsor your son under the EEA rules as a non EU citizen.

Only an EU citizen can sponsor a family member and must meet the requirements at the time of applying for a family permit. As you have submitted documents that are two years old and your ex has 'lost his job', your ex is not currently exercising treaty rights and therefore not a qualified person.

Also, if your ex won't support the application, you won't be successful.

Why have you not looked into applying for the child under the UK immigration rules (more expensive option)??

Where is the childs other parent?

[EMaxwell247]

Presumably you are a non EU citizen with PR. You cannot sponsor your son under the EEA rules as a non EU citizen.

Only an EU citizen can sponsor a family member and must meet the requirements at the time of applying for a family permit. As you have submitted documents that are two years old and your ex has 'lost his job', your ex is not currently exercising treaty rights and therefore not a qualified person.

Also, if your ex won't support the application, you won't be successful.

Why have you not looked into applying for the child under the UK immigration rules (more expensive option)??

Where is the childs other parent?

Thank you for replying. if my ex wishes to support the application but not working how can we go about this please? no longer with the father and he doesn't live in Nigeria in South Africa.

Can I apply under UK Immigration rules with my permanent residence permit? I do not have British passport yet my permanent residence card will be 12months in June can I still go ahead and apply for him under UK law? I have booked my test for the live in UK test in June as well.

[CR001]

Thank you for replying. if my ex wishes to support the application but not working how can we go about this please? no longer with the father and he doesn't live in Nigeria in South Africa.

Has divorce proceedings started?? Does your ex have PR too or British citizenship?

Can I apply under UK Immigration rules with my permanent residence permit? I do not have British passport yet my permanent residence card will be 12months in June can I still go ahead and apply for him under UK law? I have booked my test for the live in UK test in June as well.

Yes you can but you will need to prove sole responsibility with official documentation.

[EMaxwell247]

Divorce proceedings not yet started, i am actually looking into how I can do this, I have spent lot of money on solicitors but not helping much. now I feel speaking out here will help me further.

He is Portuguese.

okay. sole responsibility with official documents? you mean payslip, bank statements and other official document to support the application right? and which application will I fill for him under uk Immigration law please?

many thanks.

[CR001]

okay. sole responsibility with official documents? you mean payslip, bank statements and other official document to support the application right?

No, click the link below for the rules and what HO expect in regard to children when both parents are alive. Is your childs father named on the birth certificate??

Sole Responsibility (click)

and which application will I fill for him under uk Immigration law please?

VAF4A and Appendix 1. Visa cots £1533 plus immigration health surcharge of £1200 (which you might get back, but no guarantee).

https://www.gov.uk/uk-family-visa/child

[EMaxwell247]

okay. sole responsibility with official documents? you mean payslip, bank statements and other official document to support the application right?

No, click the link below for the rules and what HO expect in regard to children when both parents are alive. Is your childs father named on the birth certificate??

Sole Responsibility (click)

Yes! his fathers name is on the birth certificate.

and which application will I fill for him under uk Immigration law please?

VAF4A and Appendix 1. Visa cots £1533 plus immigration health surcharge of £1200 (which you might get back, but no guarantee).

https://www.gov.uk/uk-family-visa/child

oh wow thats about 1700 plus. thank you so much for the information.

if i eventually get my british passport will it be same amount of money i have to pay for the visa cost and health surcharge?

[CR001]

if i eventually get my british passport will it be same amount of money i have to pay for the visa cost and health surcharge?

Yes.

[EMaxwell247]

okay. sole responsibility with official documents? you mean payslip, bank statements and other official document to support the application right?

No, click the link below for the rules and what HO expect in regard to children when both parents are alive. Is your childs father named on the birth certificate??

Sole Responsibility (click)

and which application will I fill for him under uk Immigration law please?

VAF4A and Appendix 1. Visa cots £1533 plus immigration health surcharge of £1200 (which you might get back, but no guarantee).

https://www.gov.uk/uk-family-visa/child

so i shouldn't bother to appeal in regards to the refusal letter? or what do you reckon please?

[CR001]

You can appeal if you wish to, but with your EU spouse not exercising treaty rights or submitting the latest evidence of treaty rights etc, it is likely to fail. Your EU spouse has to be the sponsor, not you.

[EMaxwell247]

You can appeal if you wish to, but with your EU spouse not exercising treaty rights or submitting the latest evidence of treaty rights etc, it is likely to fail. Your EU spouse has to be the sponsor, not you.

okay thank you for you help, really grateful.

[EMaxwell247]

You can appeal if you wish to, but with your EU spouse not exercising treaty rights or submitting the latest evidence of treaty rights etc, it is likely to fail. Your EU spouse has to be the sponsor, not you.

okay thank you for you help, really grateful.

May i also ask please, can someone else sponsor my son and stand on behalf of My ex if they are British citizen and apply through the appeal given to my son? i just spoke to him now he said he was dismissed and his trying to sort things out with the company and looking for another job somewhere else.

[CR001]

May i also ask please, can someone else sponsor my son and stand on behalf of My ex if they are British citizen and apply through the appeal given to my son? i just spoke to him now he said he was dismissed and his trying to sort things out with the company and looking for another job somewhere else.

No, only an EU citizen (non British) spouse can sponsor your son under the EEA rules.

[EMaxwell247]

May i also ask please, can someone else sponsor my son and stand on behalf of My ex if they are British citizen and apply through the appeal given to my son? i just spoke to him now he said he was dismissed and his trying to sort things out with the company and looking for another job somewhere else.

No, only an EU citizen (non British) spouse can sponsor your son under the EEA rules.

even another EU citizen cannot sponsor him except my ex (spouse)?

[CR001]

If you mean just a friend or acquaintance or someone that you know or are not in a relationship, then no. It would have to be a spouse or partner of yours or yourself.

[EMaxwell247]

If you mean just a friend or acquaintance or someone that you know or are not in a relationship, then no. It would have to be a spouse or partner of yours or yourself.

okay thank you.

[Obie]

I do not share the view that the OP's child does not qualify under the regulations, the child qualifies for as long as the OP is married to the EEA national. If OP does have PR in circumstances where she is not yet divorced, then it is more likely than not, that the EEA national also has that status.

If OP's estranged husband has a PR, then her child qualifies for an EEA family permit under Regulation 12.

[EMaxwell247]

I do not share the view that the OP's child does not qualify under the regulations, the child qualifies for as long as the OP is married to the EEA national. If OP does have PR in circumstances where she is not yet divorced, then it is more likely than not, that the EEA national also has that status.

If OP's estranged husband has a PR, then her child qualifies for an EEA family permit under Regulation 12.

Thank You Obie
I have been thinking of what to do on this appeal and i have till the 12th of May to do this.
Are you saying my child still qualifies for a eea family permit even though my husband Doesn't work? because this is the reason why they refused him because he lost his job and we are still married not yet file for a divorce.

could you please advice how i can go about the appeal if is still possible. many thanks