Refusal of EEA Family Permit - Reapply or Appeal

[idealstar]

We have not yet received the reasons.

Two are under 18, one is over 21. All three are my wife's, but we have submitted proof thyat the father is not part of their life and never has been, and that all are dependent on me.

We were not allowed to do simultaneous applications, so they were individual, but the decision for the kids came within minutes inbetween, two days after my wife received her positive response.

What is the exact reason given for refusing the children? Were all the applications done together? How old are the children, and whose children are they?

[Directive/2004/38/EC]

18 year old should be a clear yes. You can reapply or have ask the ECM to reconsider. You may want to appeal also.

21 year old only if there is dependence. See http://eumovement.wordpress.com/2008/04 ... ly-member/ Be sure to appeal the decision of the 21 year old.

[idealstar]

Thanks for the help!

I will - will post the development here.

18 year old should be a clear yes. You can reapply or have ask the ECM to reconsider. You may want to appeal also.

21 year old only if there is dependence. See http://eumovement.wordpress.com/2008/04 ... ly-member/ Be sure to appeal the decision of the 21 year old.

[Directive/2004/38/EC]

Looking forward to your post with the details.

I would actually suggest you do all three with both children:
(1) Ask the ECM to reconsider, sayign the law was not properly taken into account and pointing out that the mother was admitted
(2) Appeal
and (3) reapply for a new EEA Family Permit

[bobikaa]

Hi, Can please someone help me with my problem ... One year ago when I come to UK borders they refussed me entry to country, because I was separated with my ex-wife and sent me back to my country (in that time I held EEA residence card issued in UK) ... Now, I am married again (we lived together with my current wife in England before my removed and we were together on borders when they removed me and she come back with me) ...She is also EEA national and I have EEA residence card as her spouse. We asked one month ago for EEA family permit but they refused my application, because of absent my divorce certificate, they think that I am still married with my ex-wife. But it is absoluttely nonsene. I enclosed my original marriage certificate with apostille and in any EU country you can not be married without previously enclosed divorce certificate! I can re-apply and enclose my original divorce certificate but the problem is that we don´t have time to wait another month on decision. So I need to know when I come at borders with my wife, and with all documents as a marriage certificate, divorce certificate ..and with my EEA residence card if they can refuse me enter to country and sent me back or if I can get ban to entry ? (because it will be the second time to come there without visa) ... I think that under the EU law they can not do it, but on the other side they accept residence cards issued just in UK.

[Ali12035]

Hi Guys,

I'm EEA family member holding Residence Card and my EEA spouse EEA registration certificate in UK.

We applied EEA family permit for my Non EEA national Son who is 14 in November, which was refused in October 2014 we appealed against decision and were heard on 30 June 2015.

On hearing day our barrister took only 6 minutes to explain our case and judge didn't ask any question to me and my spouse because there was no any Solictor from home office.


And judge just ask that EEA national is working and where she is working.

I'm confused what happens with our appeal?
Is this good that home office Solictor didn't came ?
Today is 15 day we still waiting for decision.

[vinny]

Why was he refused?

It sounds like an open and shut case, where the refusal was unjustifiable.

[Ali12035]

Why was he refused?

It sounds like an open and shut case, where the refusal was unjustifiable.

Thanks for your reply.

2. Reasons of refusal
1, That I send lot of pics with me son some are old and som are taken few time ago. And recent pic is only one.

2, that how we believe that natural mother gave you full custody while we gave them consent from natural mother my ex and she is willing to attend any interview.

Is this sound good that home office representative didn't came ?


Thanks

[vinny]

You should have primary responsibility over child.