URGENT: EEA FAMILY PERMIT REFUSAL

[danasta]

Hello,
I have lived in UK since 1996.
I am unemployed due to health issue on medication and get income support.
I am of French nationality and my husband is Nepalese.

I've known my partner since a year and we got married in Nepal this year in February 2011.
We did apply for EEA Family Permit while over there.
All originals documents, evidence were handed as well as a Job letter offer from Uk for my husband, proving that he won't rely on Public Funds once he 's here.
Despite of all our efforts, honesty and hope the ECO refused his entry.

The decision given by the British High Commission in New Delhi read as follow:

Where an EEA national remains in the uk for 3 months or longer, they may only do so if they remain a qualified person. You have stated in your application form that your spouse is unemployed due to incapacity and reliant on publics funds.
The guidance for EEA Nationals sponsoring non EEA national applications states if an EEA has been receipt of long term DWP benefits such as IS or JSA then they are not qualified.The applicant joining them would be a further recourse to public funds.
I am not satisfied therefore that your spouse qualifies as self-sufficient in the UK.

We are so tired and weary of this injustice.
Does this mean that sick people cannot have a normal life?
They even wrote that Kathmandu is a major capital and has international level facilities available, and therefore the appropriate treatment could be continued in Nepal.

How unbelievable!!!!

We decided to appeal against the decision.
Is there a way we can turn this around, and what if they still refuse the Entry clearance.
Any helps will be so much appreciated
Thanks to all
Shama

[86ti]

I guess the conclusion of the ECO was based on the evidence you have submitted and thus it is probably correct. You must be a qualified person in order to make use of the EEA route for your husband unless you are a permanent resident. How long have you been working and since when are you incapacitated? Section 5 of the EEA regulations lists the condition which must be met to be still considered a worker (and thus a qualified person) in the case you are not a permanent resident. As you have been in the UK since 1996 the transitional provisions may apply to you.

[rachellynn1972]

Check with the Habitual Residence Test if you are still classified as a worker, to my knowledge claiming IS does not make you not qualify, the HRT state, if an italian national came to uk as a worker and after working for two years he become incapacitated, he aquire a permanent residence and under HRT he is still classified as a worker. That means he is still on wokers status. Anyway check this out with your CAB and if you pass the HRT then you are qualify and you can appeal your case. If you have been living in UK since 1996 to now you have become a permanent residence after the first five years of your stay if you have been exercising treaty right, for there are loads of way to be qualify, Home Office will not see that but the court will see that. ou have been exercising treaty right, for there are loads of way to be qualify, Home Office will not see that but the court will see that.

[86ti]

Home Office will not see that but the court will see that.

I am not sure what you are trying to say here. The OP will have to clarify first if they have actually included evidence showing that they have either retained the status of a worker or have obtained permanent residence. The original post was not clear on that.

[86ti]

One more tought: It is also possible to obtain PR as a dependant of an EEA national, e.g. a working parent.