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Thanks for the reply.Jambo wrote:It would quicker to re-apply. You should address the reason for refusal in a cover letter and provide evidence to show the IO accusations were wrong (I would just provide the flight tickets as evidence you travelled together. Leave out the NI, bank account).
Hi EUspouse82 ... thanks for getting back ..EUspouse82 wrote:You will have to give further details of why you were denied the visa because the reason you posted doesnt make sense at all.
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Hey There,Directive/2004/38/EC wrote:vjvj,
Were the dates them mention in the refusal based on dates you provided in either this or previous applications? Or do they come from another unknown source? Do they match the actual dates of travel of your trip?
Well the form asks if you will be travelling with your EEA family member and so the answer is YES.keffers wrote:Given that part of the application is a signed declaration stating that the form has been filled in honestly, I would say that to lie or misrepresent the true circumstances of a visit is enough to refuse a permit regardless of the 'rights' conferred by any directive.
The Directive assumes that the truth is being told.
Is there anything on the form which could be taken (or mistaken) to mean your spouse will accompany you at all times? (as it appears that is not your intention?)
I think they are doing their best to turn down EEA applications on whatever reason they can come up with, we did indeed travel together but I did not include proof of that travel because I thought there was no need for itDirective/2004/38/EC wrote:The application can only be refused for three reasons: national security (does not apply here), public health (does not apply), and public policy.
The public policy refusal, like the others, has a high badness requirement. So if the family member was a serial killer and did not look like they had stopped killing, then the family permit could be refused on the grounds of public policy. But if the person had previously entered the UK illegally, or had been arrested for swearing at a policeman, then that is definitely not reason to refuse the permit.
So even if UKBA thought your prior travel to the UK was irregular, that is no grounds for them to refuse a new EEA Family Permit. And from the sounds of it, you were likely within the letter of the law.