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Surinder Singh case rejection

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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randomuser
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Surinder Singh case rejection

Post by randomuser » Tue Jan 22, 2013 11:55 am

Dear experts! I think this subforum may be able to help in my case. I am slightly baffled as I had thought our application would be easy.

http://www.immigrationboards.com/viewtopic.php?t=104554


hello again.

we applied for my wife's family permit 2 weeks ago and sent translated documents:
-residency cards
-address cards
-Tax ID card
-Home ownership document
-employment contract
-payslip
-bank statements
-children's birth certificates (UK birth certificates)

we are still in Europe where I am working and we got this rejection:
You have applied for admission to the United Kingdom in accordance with regulation 9 of the Immigration (European Economic Area) Regulations 2006, as the family member of a British National who was previously working or self employed in a member state.

I acknowledge you have submitted evidence that your spouse has held residency in the country however, this does not confirm he meets regulation 9, nor have you reasonably demonstrated when your spouse returned to the UK.

Therefore you have not provided evidence to demonstrate your sponsor (a british national) has been exercising his treaty rights in a member state, as a worker or self employed person, before returning to the UK. I am therefore not satisfied that the conditions set out in regulation 9 are met.

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 (EEA) regulations 2006.
the above is strange since I did supply them with a copy and translation of my employment contract as well as a translated payslip and my TAX ID card (also translated).

Finally I am not in the UK. We are still here and planning on travelling together back.

What should I do?

help appreciated.

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Tue Jan 22, 2013 12:27 pm

Contact them and ask them to immediately reconsider. Explain what you have said, that you (the UK citizen) are not in the UK (offer to come by the office) and that you have been working (point out that you included pay slips and your contract in the host member state).

Why did you include?
-Home ownership document
-bank statements
-children's birth certificates (UK birth certificates)
These might have confused them.

What is the citizenship of the non-EU spouse? How are you planning to move back to the UK?

randomuser
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Post by randomuser » Tue Jan 22, 2013 12:44 pm

Directive/2004/38/EC wrote:Contact them and ask them to immediately reconsider. Explain what you have said, that you (the UK citizen) are not in the UK (offer to come by the office) and that you have been working (point out that you included pay slips and your contract in the host member state).

Why did you include?
-Home ownership document
-bank statements
-children's birth certificates (UK birth certificates)
These might have confused them.

What is the citizenship of the non-EU spouse? How are you planning to move back to the UK?
Hi

How can I contact them? all I got was a paper with entry clearance officer three letter acronym, post reference from Warsaw (we are applying in Budapest Hungary). I can go to the embassy in Budapest or contact the ECO in Warsaw? How do I contact the ECO? on this page http://www.ukba.homeoffice.gov.uk/count ... %20English

they have an address in warsaw with the words "they only accept complaints in writing". no email or telephone option.

I included the bank statements because the form asked for 6 months bank statements which I provided and included the birth certificates of the children as proof that our marriage is durable. Home ownership document (they asked for that on the application form too).

PS. my wife is Macedonian citizen (and previously resident in the UK with me 2006-2008)

randomuser
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Post by randomuser » Tue Jan 22, 2013 5:48 pm

sent them (warsaw and budapest) an email with the following details:
Dear UKBA

Today my wife received a refusal of EEA family permit, post reference: Warsaw / XXXXXXX

In the letter of refusal it is stated that I did not "exercise treaty rights" in Hungary, in the application I provided both the original and translated copy of my Hungarian employment contract as well as one translated salary slip and my Hungarian Tax ID card (also translated).

Furthermore it was asked "you did not demonstrate when your spouse returned to the UK". I am not in the UK, we are waiting for the family permit to travel together to the UK. We are, along with our two children in Budapest.

We need to travel to the UK this weekend as I have both a business meeting next monday in London and our daughter needs to be registered at school in the UK (she has missed several weeks of the second semester already whilst we await my wife's Family permit). I understand that an "appeals" process would take many weeks and we really do not have time to wait for that as it jeopardises both my work as well as our daughter's education.

I hope you will reconsider the decision as soon as possible as we really do need to travel by the weekend at the latest.

If there are any documents you need, or you want me to go to the British Embassy personally to verify any information you need please do not hesitate to contact me on +36 XXXXXXXXX.

I CC'd the British Embassy in Budapest and I will go there tomorrow with my original documentation in case any of the original application documents were misplaced during the application.

best regards
the british embassy in budapest replied saying "wait for a reply from warsaw...

fingers crossed that they don't drag this out.

Directive/2004/38/EC
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Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Wed Jan 23, 2013 12:58 pm

Are you hoping to travel this coming weekend? If so I would not plan on it.

randomuser
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Post by randomuser » Thu Jan 24, 2013 12:33 pm

well I was hoping!! looks like I will have to cancel my meeting next week.

warsaw still has not replied to my email. should I wait or call them or make a new application?

randomuser
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Post by randomuser » Fri Jan 25, 2013 1:15 pm

today the warsaw embassy replied and said that they had forgotten to look at my employment paperwork details and changed their decision.

all's well that ends well.

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Fri Jan 25, 2013 2:12 pm

randomuser wrote:today the warsaw embassy replied and said that they had forgotten to look at my employment paperwork details and changed their decision.
Wow. That was pretty unprofessional of them.
randomuser wrote:all's well that ends well.
?

randomuser
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Post by randomuser » Fri Jan 25, 2013 3:29 pm

I mean our travel plans were delayed by a week or so, but its not the end of the world.

Directive/2004/38/EC
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Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Fri Jan 25, 2013 11:30 pm

Did you have to pay for flights you did not use? Or have other out of pocket expenses?

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