EEA Family Permit refused by UK Embassy

akwadaa · Post by **akwadaa** » Sat Jan 05, 2013 1:53 am

Hi guys, Can some please give me some advice for a friend...He is Non eu national married to and EU Citizen and holds a valid residence card. He applied for an EEA Family permit to travel to the UK with his EU Wife but got refused by the UK Embassy...They refused hIm because 2 years ago before he got married,he applied for a UK with fake bank statment..Now the embassy is refusing him because of that..Is there any part of the EU regulation that can challenge the embassy decision..??

Advise would be much appreciated..

thanks

jeupsy · Post by **jeupsy** » Sat Jan 05, 2013 9:26 pm

Do you mean he holds and Irish residence card as the spouse of an EU citizen? (GNIB card with Stamp 4 EUFAM)

And what does he want to do in the UK? Just go there on holiday or move there?

If it is the has Stamp 4 EUFAM he is actually allowed to travel to the UK without a visa as long has he is traveling with his spouse (so if he wants to go on holiday nothing else is needed and he can just go; if he wants to move there he will have to apply for a residence card once he is in the UK - and I am not sur whether is is allowed to enter visa-fee as technical as soon as he stops being a resident of Ireland the Irish EUFAM is not valid anymore and might not be used to enter the UK).

If he doesn't have a Stamp 4 EUFAM then he needs a visa to enter the UK, but if he is applying based on the fact that he is married to an EU citizen they should process the application without charging any fee and are only allowed to refuse it if they can prove he is a criminal/danger for the UK (they are not allowed to refuse the visa based on limited financial resources for example).

Can you first explain more what his exact situation is and it will be easier to give advice I think.

akwadaa · Post by **akwadaa** » Sun Jan 06, 2013 2:54 pm

Thanks Jeupsy for your response. Yes he holds stamp 4 eufam and wanted to visit UK with his eu spouse.. Technically he knows he does not need a visa when travelling with his eu spouse but since the UK Embassy require all applicants married to eu citizen to apply for an entry clearance (EEA family Permit) prior to entering the uk, He decided to get one so that he wont get into any trouble again with UK authority but yet got refused for something that happened in the past (poor quality bank statement)

Post by **EUsmileWEallsmile** » Sun Jan 06, 2013 7:21 pm

Moved to relevant section.

Post by **Jambo** » Sun Jan 06, 2013 7:49 pm

akwadaa wrote:since the UK Embassy require all applicants married to eu citizen to apply for an entry clearance (EEA family Permit) prior to entering the uk

This is not true although I agree the UKBA website gives this impression.

, He decided to get one so that he wont get into any trouble again with UK authority but yet got refused for something that happened in the past (poor quality bank statement)

Could you paste the wording of the refusal ?

Post by **Obie** » Sun Jan 06, 2013 10:19 pm

That refusal seem to be at variance with this instruction that was given to the ECO

jeupsy · Post by **jeupsy** » Mon Jan 07, 2013 11:25 am

OK sorry I didn't know atbout this entry clearance rule ... it looks like one more time the UK is rewritting EU directives in a way they like better; strange they can get away with this as they could probably be fined by the EU and forced to change their rules requiring this clearance and checking financial details before granting it (which is obviously in disagrement with the directive).

But I appreciate it doesn't help you very much to know that :-s

One think that might help is to log a case here and explain the situation and the fact that you think the clearance was wrongly refused: http://ec.europa.eu/solvit/site/index_en.htm

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EEA Family Permit refused by UK Embassy

EEA Family Permit refused by UK Embassy