Home Office UK Border Agency
Nationality: Indian
NOTICE OF IMMIGRATION DECISION In compliance with the Immigration (Notices) Regulations 2003 made under section 105 of the Nationality, Immigration and Asylum Act 2002
REFUSAL OF ENTRY CLEARANCE
Post reference: BOMBAY X To: Date of Birth:
Your Application
GV51 (EEA) (ERA) Rev 10/11
You have applied for admission to the United Kingdom by virtue of European Community Law as the family member of a European Economic Area national who is exercising, or wishes to exercise, rights of free movement under the Treaty of Rome in the United Kingdom.
The Decision
• Regulation 6 of the Immigration (European Economic Area) Regulations 2006 requires you to show that your sponsor is a "qualified person". The onus is on you and your sponsor to show that he/she is a qualified person. You have submitted no evidence at all that your sponsor is actively seeking employment in the UK. • I note that you have applied for an entry clearance on two occasions previously, which have both been unsuccessful. Your latest refusal of 16/07/2012 reads as follows: "Regulation 6 of the Immigration (European Economic Area) Regulations 2006 requires you to show that your sponsor is a "qualified person". The onus is on you and your sponsor to show that she is a jobseeker or has employment in the UK.
I note that you previously applied under the same category; that application was refused on 19/6/2012 for the following reasons:
"You have provided no evidence that your sponsor is searching for work, or any evidence of her ability to do so. In your application form you state that you are searching for work, and the job adverts you have supplied are for you.
Within your current application you have submitted a supporting letter from this states that, in part, the following documents have been provided:
Evidence of accommodation arranged for your stay; and Details of potential job opportunities for your sponsor and yourself.
It is not relevant to your application whether or not you are or have been seeking employment in the UK.
Your sponsor has qualifications in chemistry, and I note there are various printouts from job websites in this field. I also note that the accommodation evidence indicates that you intend to stay in London; however the various print outs from job websites cover the following areas in the UK: Runcorn; Oxfordshire; the North East; Harrogate; Cambridgeshire; the West Midlands; Lincolnshire; Gloucestershire; East Sussex; Derbyshire; Dartford; and Flitwick. It is reasonable to expect a person seeking employment in the UK to have a reasonable idea of where they intend to settle and live; the spread of locations of these jobs are indicative of someone simply printing off job advertisements to lodge with your application; there is no evidence whatsoever that your sponsor has actually applied for any of the employment positions in the UK. It is reasonable to expect your sponsor to show that she is genuinely a job seeker or has gained employment in the UK; this would include acknowledgement that she has applied for employment; there is no such documentation to show this.
I also note that you have faded to provide a copy of your sponsor's Home Office registration. This is a requirement under EEA regulations and following such registration your sponsor would be given an EEA residence permit card for the UK. There is no evidence to show that your sponsor is in the UK and/or is genuinely actively seeking employment.
Taking into account your circumstances, based on the information and documentation that you have provided and considering your application as a whole, I am not satisfied that you have adequately demonstrated that your sponsor is exercising his Treaty rights and therefore that you meet the requirements for non-EEA national spouse of an EEA National applying for an EEA Family Permit
I have also taken account of article 8 of the Human Rights Act. I consider that refusing this application is justified and proportionate in the exercise of the immigration control. I do not believe that refusing this application will interfere with family life, for the purposes of article 8 (1), as you can continue to enjoy that in India."
• I have noted the contents of your accompanying letter and the belief that you do in fact meet all of the requirements of Regulation 12:
"12.—(1) An entry clearance officer must issue an EEA family permit to a person who applies for one if the person is a family member of an EEA national and—
(a) the EEA national—
(i) is residing in the UK in accordance with these Regulations; or
(ii) will be travelling to the United Kingdom within six months of the date of the application and will be an EEA national residing in the United Kingdom in accordance with these Regulations on arrival in the United Kingdom; and
(b) the family member will be accompanying the EEA national to the United Kingdom or joining him there and—
(i) is lawfully resident in an EEA State; or
(ii) would meet the requirements in the immigration rules (other than those relating to entry clearance) for leave to enter the United Kingdom as the family member of the EEA national or, in the case of direct descendants or dependent direct relatives in the ascending line of his spouse or his civil partner, as the family member of his spouse or his civil partner, were the EEA national or the spouse or civil partner a person present and settled in the United Kingdom."
• Regulation 6 stipulates: "Qualified person"
6.—(1) In these Regulations, "qualified person" means a person who is an EEA national and in The United Kingdom as—(a) a jobseeker; (b) a worker; (c) a self-employed person; (d) a self-sufficient person; or (e) a student. (2) A person who is no longer working shall not cease to be treated as a worker for the purpose of paragraph (1)(b) if—(a) he is temporarily unable to work as the result of an illness or accident; (b) he is in duly recorded involuntary unemployment after having been employed in the United Kingdom, provided that he has registered as a jobseeker with the relevant employment office and—(i) he was employed for one year or more before becoming unemployed; (ii) he has been unemployed for no more than six months; or (iii) he can provide evidence that he is seeking employment in the United Kingdom and has a genuine chance of being engaged; (c) he is involuntarily unemployed and has embarked on vocational training; or (d) he has voluntarily ceased working and embarked on vocational training that is related to his previous employment. (3) A person who is no longer in self-employment shall not cease to be treated as a self-employed person for the purpose of paragraph (1)(c) if he is temporarily unable to pursue his activity as a self-employed person as the result of an illness or accident. (4) For the purpose of paragraph (1)(a), "jobseeker" means a person who enters the United Kingdom in order to seek employment and can provide evidence that he is seeking employment and has a genuine chance of being engaged.
• In your previous and current application it would appear to be you whom is the jobseeker. You have again failed to provide any evidence that your sponsor is actively seeking employment in the UK or that she has the skills, experience or qualifications that would enable her to engage in employment in the UK. • As you are unable to demonstrate that your sponsor is a qualified person I am not satisfied that you are able to demonstrate that, as per the requirements of Regulation 12, your sponsor will be an EEA national residing in the United Kingdom in accordance with the EEA Regulations • I have also taken account of article 8 of the Human Rights Act. I consider that refusing this application is justified and proportionate in the exercise of the immigration control. I do not believe that refusing this application will interfere with family life, for the purposes of article 8(1), as you can continue to enjoy that in India.
I therefore refuse your EEA family permit application because I am not satisfied that you meet all of the requirements of Regulation 12 of the Immigration (European Economic Area) Regulations 2006.
Your right of appeal
You are entitled to appeal against this decision under Regulation 29 of the Immigration (European Economic Area) (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. Should you require further advice or assistance please visit
www.iustice.qov.uk
If you decide to appeal against 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 this notice and you must make sure that it is signed and dated.
Entry Clearance Officer: JM
Date of refusal: 05/11/2012
Date sent to applicant: How sent: [via VAC, postal service or courier]
If notice personally handed to you by an Entry Clearance Officer, please sign below: Applicant's signature: Date
