Refusal to accept a EEA Family Permit application

[Petem]

My wife attempted to make a EEA Family Permit application at Shanghai's VFS Global Centre today

We intended to travel from Germany to UK for Xmas vacation I have been here nearly nine years, the wife has full residency card etc

They refused to accept the application based on the fact that I am a British Citizen

They said things had changed in July and gave the web link http://www.vfs-uk-cn.com/ and said she could check it herself. As she is well versed and her round trip was nearly six hours, she declined.

They did accept the documentation for a EEA Family Permit as a normal visitor and charged her 820RMB plus 50 RMB handling charge.

Thank to Vinny in the past I am aware of the guidance here, which is still online tonight:
http://www.ukba.homeoffice.gov.uk/polic ... /#header14

I intend to complain, but first I would like check with the knowledgeable people here.

Should I complain directly based on the fact that they refused to accept the application and therefore denied the ECO the chance to review etc

Wait till the passport comes back to complain?

My fear here is that because the application form is actually a EEA Family Permit, it could be rejected as a normal visa on grounds of insufficient information supplied

We have just 4 weeks before she comes back to Germany

What is the general consensus and advice to me?

Thanks in advance
Pete

[Jambo]

They are correct that things have changed in July but that change was for dual Briish nationals who want to make use of their other EEa nationality. It did not affect British citizens living in a different member state applying based on Surinder Singh.

You should complain now as you rightly pointed out, her now visitor application might get refused. Complain to the visa section manager in Shanghai and to UKBA in the UK. Check the consulate/UKBA website on ways to complain. She should also get the money paid refunded.

[Directive/2004/38/EC]

You will need to show proof that you (UK citizen) have been working in Germany in order to get an EEA Family Permit.

In addition you will need the two passports plus your marriage certificate.

[Petem]

You should complain now as you rightly pointed out, her now visitor application might get refused. Complain to the visa section manager in Shanghai and to UKBA in the UK.

Thanks Jambo, I have been traveling last few days.
I have seen the receipt and it is clearly for a family visitor.

Tonight I sent a complaint directly to the UKBA, I will let you know when I receive an update.

[Petem]

Just to update you.

I have not received any acknowledgement to my email to shanghaivisacomplaints@fco.gov.uk.

Whilst I understand formal responses can take a while I would expect that when addressing a formal complaint to a government organization that an acknowledgement would be given

My wife received her passport back on Saturday, 6 month C - Family Visit. No mention of an EEA Family or returning the fee (as per their own guidance)

I believe I will now have to take this to the UK directly, but an interesting observation has been noted when I asked the wife to confirm her application and the whole story.

If following the links from the China page she goes straight into a form that is clearly for a family visitor, as she said "as if we were boy and girl friend". She cancelled this and re-entered under the general UKBA and this allowed selection of EEA Family Permit. But when selecting Shanghai it reverted back to a family visit application VAF1. There was no way to get a VAF5 out of the system that was available to her.

Has anyone else ever had this problem, my wife is computer literate and have no doubt she did not make a wrong selection. Seems to me they only expect a EEA family Permit from within the EU?

Does any one know a fax number for UKBA complaints or a suggestion to ensure it is received as relying on email seems to allow them to ignore emails.
I will be putting this to Solvit.

Thanks in advance
PeteM

[Jambo]

I assume you are familiar with complaints in China. You can follow the link to complain to the UKBA in the UK (even if she is still in China). You can also try the Beijing email.

Her description of the process is surprising. As far as I know, the application is done online and there you choose "EEA Family Permit" (under the "Other" option). There is no VAF form to fill in. Or did you refer to the VFS part of the application?

[Petem]

HI Jambo
Thanks for the time to answer me. I am familiar with the link, I was just wondering a more direct way to ensure proof of receipt as they seemed to ignore my email.

Wife is adamant she entered the system as suggested, although I have some doubt now, I think she had a crash and may have got confused. I started a new one and will get her to complete as I have not all the information at hand.

The document printed clearly said VAF1B, so it does look like she error-ed

However even if this is an error on her behalf, UKBA and it agents declined to accept an application based on the fact that the law changed in July 2012 and that I was not covered, How wrong they are, so I will still chase a formal complaint,
PeteM