EEA REFUSAL OF ENTRY CLEARANCE

[pepekali]

The British consulate in Stockholm has refused our application for my husband EEA FAMILY permit (for non-EEA) He has a permanent residence in Sweden and work and lives here.

He will be travelling with our son who is EEA citizen and hold Swedish passport. He is 3 year old. Before applying on-line, he had specifically mentioned to British consulate via email that since i will be working , he will be travelling with our son (EEA citizen).

This is what they replied via email:

" In order to apply for the EEA Family Permit, you need to select EEA/Swiss Family Memberâ€

[PaperPusher]

Are you dependent on your son? Does your son financially support you?

[Kitty]

Do I have this right:

pepkali, you and your son are EEA nationals. Your husband is a non-EEA national.

Your son and husband planned to travel to the UK while you were to remain in Sweden.

If that is the case then it looks like your husband should have applied for entry clearance under Paragraph 257C of the Immigraiton Rules (Requirements for leave to enter or remain as the primary carer or relative of an EEA national self-sufficient child).

What is the purpose of your son and husband's trip to the UK? Is the family intending to continue living in Sweden?

[Obie]

On the basis of the information you have provided, i am not convinced that the Entry Clearance Officer was wrong in refusing your Husband the EEA family permit.

By your own admission, you husband will not be accompanying or Joining you in the UK and hence he doesn't qualify for an EEA family Permit on the basis of your relationship.

He may qualifies as the primary carer of an EEA child, but you will need to get a Comprehensive Medical Insurance and enough fund to show your child will be not become an unreasonable burden to the state. Also a written consent from you that you agree to the child going to the UK with him, might help too.

Also see (Chen parents: source of rights) Ivory Coast [2010] UKUT 277 (IAC)

[pepekali]

Thank you guys for your valuable feedback. my husband and our child lives in sweden. My husband is working and living in sweden. My husband is just visiting his family in UK with out son. We intend to continue living in sweden. Our intentions are not to move to UK. I have looked at paragraph 257C but my child is not resident in UK.

Will it make it easier to get a clearance if :

1. My husband applies for a visitors visa and still travel with our child, will he still need to have entry clearance under 257C
2. I myself (EEA citizen) travel with my husband and child? will he still require some kind of clearance?

[vinny]

1. If you are not travelling with them, then your husband may apply for a visitor visa. 257C may be an alternative choice, but probably inappropriate for a visitor.

2. If you are travelling with them, then your husband may apply for an EEA Family permit.