EEA Family permit rejection

[alazani28]

Hello, I am a Yemeni Citizen married to a British citizen who is studying in Romania for another 2 years.
I travelled to Romania and now I hold the EEA family permit for 5 years.
I applied to travel to UK for my husbands summer holidays so that he may go work and visit his family,
but i was denied as it says that my husband must work in a Members state but he is studying medicine and he cannot work.

This is what the rejection letter said...''You are married to a British Citizen, who is a full time student in Romania on a scholarship'' (firstly he is not on a scholarship his father pays his fees and expenses)....Then the said...''Regulation 9 states to qualify for admission the British National (your spouse) must have been previously working or self-employed in another Member State. You have not provided evidence to demonstrate your sponsor (a British National) has been employed or self employed in a member state. I am therefore not satisfied that the conditions set out in regulation 9 are met.

Therefore is it possible to apply for an EEA family permit visit to UK with my husband and have a British citizen sponsor me who is working in the UK or does my husband have to work outisde UK?
He submitted documents to say that he will work in UK when he goes for his summer holiday and provided a signed letter from his employer.
Therefore I do not understand why they refused me, and what to do because I want to apply again. So do I apply with the same form or the General Visitor?
Can you please help me as I am confused.

Thank you kindly.

[EUsmileWEallsmile]

This is what the rejection letter said...''You are married to a British Citizen, who is a full time student in Romania on a scholarship'' (firstly he is not on a scholarship his father pays his fees and expenses)....Then the said...''Regulation 9 states to qualify for admission the British National (your spouse) must have been previously working or self-employed in another Member State. You have not provided evidence to demonstrate your sponsor (a British National) has been employed or self employed in a member state. I am therefore not satisfied that the conditions set out in regulation 9 are met.

Unfortunately, this is the UK's position. In order to benefit from Singh, they expect the UK national to have worked in another member state.

[alazani28]

Thanks.
So I just apply for normal family visit visa? And if so can i get someone
To sponsor me from UK and does my husband need to show any
Bank statements here in Romania or just the sponsors is enough?

Thanks again

[EUsmileWEallsmile]

You might start your search by looking at this section of the forum.

http://www.immigrationboards.com/viewforum.php?f=3

[Directive/2004/38/EC]

Hello, I am a Yemeni Citizen married to a British citizen who is studying in Romania for another 2 years.
I travelled to Romania and now I hold the EEA family permit for 5 years.
I applied to travel to UK for my husbands summer holidays so that he may go work and visit his family,
but i was denied as it says that my husband must work in a Members state but he is studying medicine and he cannot work.

Actually you hold a Residence Card. An EEA Family Permit is something like a visa and is only issued by the UK.

The UK is within their rights to refuse to issue the EEA FP if your husband is not working in the host member state. Mean spirited, but within their rights according to current case law.

But... working does not mean he has to work 50 hours per week for years. He can work at a part time job at McDonalds over some period like the summer. Or can work as a paid assistant at the University, again part time. Read http://eumovement.wordpress.com/2011/12 ... -a-worker/ for a sense of what is possible.

Do you and your husband plan to return to the UK eventually? If so, then it is far easier if he has worked in Romania so that you can enter the UK on the basis of European law using an "EEA Family Permit"

I realize it could be difficult to mix studying with work. But considering the cost and possibilities of refusal of a uk issued "spouse visa", it may be worth considering.