EEA FAMILY PERMIT REFUSED -- HELP PLEASE !!!

mauricio777 · Post by **mauricio777** » Fri May 25, 2012 9:58 pm

Well Everyone, I think I need some help now.... first Of all I must say that I'am extremely angry...and also that I do not like ECOs.....

Here it goes.... As you can read above I was re-applying for an EEA Family permit... I had believed that I have received a positive answer from the ECO but today after receiving my password I realized that My VISA was refused...

Here is the reason why :::::::::::::::;

I have refused your EEA Family permit application on this ocassion because I am not satisfied that you meet all of the requirements of regulation 12 of the immigration ( european economic area ) Regulation 2006. This decision will not prejudice any future UK visa or EEA Family permit application that you make.

You have applied for admission to the United Kingdom by virtue of European Community Las as the Family Member of a European Economic Area National who is excercising, or wishes to exercise rigths of free movement under the treaty establishing the European community in the United Kingdom. in this case your wife who holds Italian Nationality.

You have indicated that you wish to remain in the United Kingdom indefinitely, which is a period of over three months. It is therefore a requirement that your wife be a qualified person under one of the following categories.

Qualified person :

Job Seeker
Worker
Self Employed person
Self Sufficient person
Student

You have provided evidence that your wife was enrolled as a student in 2011 but no evidence that she is enrolled in 2012.

You have provided no evidence that your wife is qualified under any of the categories above.
You therefore do not therefore qualify in this category.

I therefore refuse your EEA Family permit application because I am not satisfied that you meet all of the requierements of Regulation 12 of the Immigration ( EEA ) Regulation 2006

Your Right of Appeal

Your entitled to appeal againts this decision under Regulation 29of the immigration (EEA) ( Amendment ) Regulations 2003, If you wish to appeal you must complete the attached IAFT-2 Notice of Appeal form, An information sheet has also been provided. Shouldyou require further advice or assistance please visit www.justice.gov.uk

If you decide to appeal againts the refusal of this application, the decision will be reviewed with your grounds of appeal and the supporting documents you provide. You are strongly advised to complete all sections of the form, and submit all relevant documents with your Notice of Appeal, as it may be possible to resolve the points at issue without an appeal hearing.

the completed Notice of Appeal form must arrive no later than 28 days after the date you received the notice and you must make sure that it is signed and dated.

__________________________________________________ ___

Now here is the deal... On the EEA application form I said Indefinite, because indeed we are planning on staying indefinite.

My wife we decided to say that she is a student just because she may go back to Study......

I simply do not understand... 2 years ago when we applied for it we said Indefinite as well and there was no problem..... but now they would not accept that...on the other hand we could have said this time that she is a Job seeker or self sufficient...

I do not understan we have submitted all the documents we did last time I got approved and this ECO just denied it this time...

Please I need some help...????

If you are so kind to advice me please do consider that we are in Costa Rica and that we can not just applied for another EEA since it would have to be in colombia... So I really dont know whether it is better to submit the Appeal or go for another EEA since It will cost us a fortune...

Thanks in advance for you advice...the most incredible thing here is the amount of money that we spent to get to Panama and to get the biometrics done...

I really need some help because I do not know if it is better for me to appeal or do what??? just to fedex the docs to Panama was more than 150 dollars I am really upset ... This is not right !! For those of you who dont know. My wife lived for more than 10 years in England, she did college, university, and worked for many of those years...

Reuben.

Post by **EUsmileWEallsmile** » Fri May 25, 2012 10:15 pm

Firstly, I realise that you are upset.

1. What nationality are you?
2. What does your wife do?
3. Do you intend to visit the UK or move there to live?

mauricio777 · Post by **mauricio777** » Fri May 25, 2012 10:24 pm

Thank you so much for your quick answer ...

1. I am From Costa Rica
2. My Wife is a Hotel Manager here in Costa Rica, and she studied in Salford she has a BA HONS in Music Production
3.We are planning on moving to the UK to live, she has spent most of her life in the UK as a European ( Italian ) but never applied for ILR.

It is funny how the visa was approved once and denied this time.

We just have doubts on whether or not to appeal or re-submit an EEA permit to Colombia again. For sure we can not afford to go to Colombia for Biometrics

Post by **EUsmileWEallsmile** » Fri May 25, 2012 10:28 pm

If you are a national of Costa Rica, you don't need a visa to visit the UK.

Post by **EUsmileWEallsmile** » Fri May 25, 2012 10:29 pm

Sorry page does not work unless one input the data oneself

http://www.ukba.homeoffice.gov.uk/visas ... ed-a-visa/

mauricio777 · Post by **mauricio777** » Fri May 25, 2012 10:30 pm

You are absolutely correct SIR.

I can enter the UK and they shall give me 6 months as a visitor I had been there in the past as a tourist and never had a problem... But as far as I understand I need the EEA permit for me to be able to work , therefore to apply for an EEA2 and etc. Or I might wrong ?

Post by **EUsmileWEallsmile** » Fri May 25, 2012 10:35 pm

...oh here we go again...

Sorry for that, but there have been loads of questions and different opinions on this.

My take is that you are a non-visa national married to an EU citizen. You can get to the UK without a visa, no problem. Once in the UK and if your wife exercises treaty rights, you can apply for a residence card. You will get a certificate of application, which explicitly allows you to work. You will get your residence card and that will allow you to work in the UK.

Espero que me entiendas.

mauricio777 · Post by **mauricio777** » Fri May 25, 2012 10:40 pm

Oh por Dios si lo que dices es cierto eres un ANGEL... Thank you so much... Let me see if I got this right ...

I can actually flight to the UK with my new Costa Rican passport and enter the UK as a Costarican Visitor allow to stay for 6 months and once pass customs, I mean a week after when I am just a visitor in the UK drinking a Coffee in Manchester.... I could then apply for a Residence Card and just wait for a Certificate of Application that would allow me to work freely ????

Am I correct Sir ??

mauricio777 · Post by **mauricio777** » Fri May 25, 2012 10:42 pm

Also this certificate is like a EEA Family Permit that will allow me to after apply for a EEA 2 to then apply for ILR in the future if I do stay in the UK for that long ?

mauricio777 · Post by **mauricio777** » Fri May 25, 2012 10:53 pm

I had the impression that in order for me to apply for a EEA FP1 I should be out of the UK ? Please correct me If Iam wrong ?

Post by **EUsmileWEallsmile** » Fri May 25, 2012 10:57 pm

i am sending you a private message.

Post by **EUsmileWEallsmile** » Fri May 25, 2012 11:04 pm

Once a person is in the UK, they can apply for a residence card. No previous visas or history are required for that.

mauricio777 · Post by **mauricio777** » Sat May 26, 2012 3:07 am

Hi EUsmileWEallsmile I wanted to thank you for your help today. I told my wife about the fact that we can just show up at the border and request them to let us in... and the says that's a great way to go but she is wondering If you or anyone here could advise us on how to re-apply for a EEA Family Permit or actually do the appeal.

If you could have a look at the refusal reason given by the ECO above and please let us know if you think or anyone here thinks it should be easy for us to request another EEA FP due to the fact that the refusal from the ECO was not very strong that would be great...

Since she says she will feel a lot safer by me having it prior going to the UK..

Thank you everyone

mauricio777 · Post by **mauricio777** » Sat May 26, 2012 3:12 am

An appeal aparently can take weeks or months so I do not believe we want to do this.. We will like to apply for another EEA family permit but we don't know if the Biometrics will have to be taken again ?? Since we absolutely can not afford to fly to Colombia again.

zubby007 · Post by **zubby007** » Sat May 26, 2012 3:51 am

[quote="mauricio777"]An appeal aparently can take weeks or months so I do not believe we want to do this.. We will like to apply for another EEA family permit but we don't know if the Biometrics will have to be taken again ?? Since we absolutely can not afford to fly to Colombia again.[/quote]

Mate, you have gotten nothing but the best ADVICE from EUsmileWEsmile, So the choice is yours. All the best and good luck.[u][/u][/quote]

mauricio777 · Post by **mauricio777** » Sat May 26, 2012 4:06 am

hahaha I know Personally I believe he is a Guru on this matters... that's exactly what I told my wife... Mr EUsmileWEallsmile I trust on your word... I will just go back to my wife and tell her to believe in you as much as I Do ... Thanks zubby007.... I will now have a beer and relax...

Post by **Directive/2004/38/EC** » Sat May 26, 2012 6:53 am

What is the citizenship of your wife?

Note that as the spouse of a EU citizen, then you have the right to enter the UK pretty much no matter what (unless you can be excluded on the grounds of public policy, public security or public health): Read http://eumovement.wordpress.com/2010/08 ... to-travel/

Post by **EUsmileWEallsmile** » Sat May 26, 2012 9:02 am

mauricio777 wrote:... but we don't know if the Biometrics will have to be taken again...

A fresh application will require biometrics again.

Post by **EUsmileWEallsmile** » Sat May 26, 2012 9:06 am

Directive/2004/38/EC wrote: Read http://eumovement.wordpress.com/2010/08 ... to-travel/

I understand your wife's concerns. Please read through the links the directive gave you. It has some very sound advice indeed.

Post by **Jambo** » Sat May 26, 2012 9:10 am

mauricio777 wrote:Hi EUsmileWEallsmile I wanted to thank you for your help today. I told my wife about the fact that we can just show up at the border and request them to let us in... and the says that's a great way to go but she is wondering If you or anyone here could advise us on how to re-apply for a EEA Family Permit or actually do the appeal.

If you could have a look at the refusal reason given by the ECO above and please let us know if you think or anyone here thinks it should be easy for us to request another EEA FP due to the fact that the refusal from the ECO was not very strong that would be great...

Since she says she will feel a lot safer by me having it prior going to the UK..

Thank you everyone

The reasons given for the refusal given were wrong as what you do after the 3 months should not be a deciding factor if you could entry the UK. It should only affect your right of residence once you are already in the country.

As advised already, your easiest and cheapest way would be just to fly to the UK wit no visa. Once you get to the border, you don't enter as a tourist but ask to enter as a family member of EU national. What you will need to provide is same evidence needed for the Family Permit (the most important is your marriage certificate). You will get a stamp in your passport for 6 montags but you can stay in the UK as long as you wish if your wife is exercising treaty rights.

Post by **EUsmileWEallsmile** » Sat May 26, 2012 9:12 am

I have dug out some guidance that should give you some more re-assurance. This works because you are not a visa national. A visa national would not get on a plane (the airline would deny them boarding).

Although we prefer that they obtain one pre-entry in order to facilitate their travel an EEA family permit is not mandatory. Regulation 11(4) of the Immigration (EEA) Regulations 2006 allows a person to provide other proof of their right to enter the UK, if they do not have an EEA family permit, residence card or permanent residence card.

It is on page 7 of this document.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

mauricio777 · Post by **mauricio777** » Sat May 26, 2012 8:31 pm

@ Directive - My Wife is Italia, Thank you for the Link I'am going to read it now.

@EUsmileWEallsmile - You know women always tend to be a little more cautious, I will check out the link now…

@ JAMBO: For sure after three Gurus giving me the same advice I think I have to ask no further… I will just get to the UK and present the necessary papers at the border, Thank you Jambo for also taking the time to read my Post.

@EUsmileWEallsmile - It is pretty amazing you guys are a really good investigators

and I'am indeed not a visa national, I have been to the UK many times in the past and never ever needed a Visa, I guess this time could even be better since I can just go through the EU Lane.

One More question…

SO If I just bring a marriage Certficate from Costa Rica and also from the Italian Embassy both translated into English, would that be enough?. I mean also we will take some pictures of our Civil Wedding , trips etc just in case and of course my wife would be going with me…

And last question …. Would they say anything if when they look at my passport they see that at the end of my passport I have a little tiny black square that has a number x2xx2x2 and it says UK BOGOTA ( which basically I believe this number is just the number the ECO used to put in the system that our EEA Family Permit was denied for the above mentioned reasons ) EUsmileWEallsmile gave me an answer on this the other day but for any future readers I think it will be very useful to know

Post by **EUsmileWEallsmile** » Sat May 26, 2012 9:01 pm

mauricio777 wrote: ....SO If I just bring a marriage Certficate from Costa Rica and also from the Italian Embassy both translated into English, would that be enough?. I mean also we will take some pictures of our Civil Wedding , trips etc just in case and of course my wife would be going with me…

This would be sufficient. It would do no harm to have evidence some additional evidence as you suggest just to make you more comfortable (it's not required, but won't hinder to have it to hand).

Post by **EUsmileWEallsmile** » Sat May 26, 2012 9:09 pm

mauricio777 wrote:...our EEA Family Permit was denied...

Be prepared to explain that it was denied. (It was denied because the ECO did not know the law or failed to apply it). State that the ECO made an error.

I would advise that you firm up on your wife's intentions in the UK (worker, student, self-sufficient etc) and keep the story straight.

Read and understand the directive. Your wife's rights and yours by extension are all written there.

Post by **Directive/2004/38/EC** » Sun May 27, 2012 12:39 am

I personally would expect it to take a while to clear immigration when you arrive in the UK. You should expect to spend 2 hours patiently explaining, and reexplaining things. Get the name of each immigration officer and write it down. And then very patiently explain that you the husband of an Italian citizen, and that you have presented your passports and marriage certificate.

Note that it is 100% fine if you wife is not sure what she will be doing in the UK. You can say "we are not sure what she will be doing". After the initial 3 months, she does need to start doing one of the things mentioned in their rejection letter, but there is no requirement that she do it immediately or even that she know what she will end up doing.

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EEA FAMILY PERMIT REFUSED -- HELP PLEASE !!!

EEA FAMILY PERMIT REFUSED -- HELP PLEASE !!!

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