EEA Family Permit Refusal: Romania Spouse

[EUfamem_spouse]

Married to my wife a Romanian national since 2010 who is exercising her treaty right in the Uk as a student with a registration certificate (yellow card). I applied for my family permit on 28/11/2012 and was refused on 05/02/2013.
Advice on legal grounds that could help me appeal against this decision by the ECO will really be appreciated.

Below are the contents of the refusal.

**Member States are entitled to be satisfied that you are in a genuine relationship with the EEA national. A genuine relationship extends beyond a marriage certificate and can reasonably be taken to refer to one that has substance and history. Member States are also entitled to be satisfied that you will accompany or join an EEA family member in the UK and that the EEA is a qualified person under Regulation 6.
**For the reasons outlined below I am unable to conclude that you are – and have been – in a genuinely subsisting relationship with the EEA national consistent with your statements on the application form. In light of this, I am unable to conclude that you intend to accompany and or join the EEA national.
**In October 2011 you were granted entry clearance to the UK as a Points Based System Tier 5 temporary worker. Your entry clearance was valid from 28/10/2011 until 18/10/2012. You travelled to the UK on the 09/11/2011 and left the UK on 17/10/2012 according to the information before me.
**As part of a routine verification check your Tier 5 sponsoring organization (xxxxxxx) was contacted. Xxxxxxx confirmed that you worked as a trainee missionary with the organization until 24th April 2012. Xxxxxxx was unaware of your marriage, according to the information given by them. Xxxxxxx has also been unable to account for what you were doing in the UK between April 2012 and October 2012.
On 21/01/2013 an email was sent to the email account indicated by you as a point of contact. You were asked to provide background to your previous stay in the UK. No reply to this email has been received. On 31/01/2013 an email was sent to the EEA national using the contact address given on the application form. No reply to this email has been received. I am satisfied that you and the EEA national have been given an opportunity to comment on your circumstances.
**The lack of replies in respect of your previous stay in the UK does not provide me with positive information to that you have been in a genuinely subsisting relationship with the EEA national since marriage. It is not clear to me why replies to the requests for information have not been given.
**The EEA national was granted a UK EU registration document permit in November 2012. This information indicates to me that the EEA national was in the UK at the same time as you in late 2012 but it remains unclear what you were doing in the UK at that time. In addition, the documents before me do not show that you were living with the EEA national at that time and your Tier 5 sponsor has confirm had terminated employment with the organization in April 2012.
**The facts before me show that the EEA national may have been studying in the UK in 2012. What you were doing at the same time as the EEA national is not evidenced. If you were with the EEA national at this time I consider likely that you and the EEA national would have wanted to disclose this by reply to the emails sent.
**In the absence of satisfactory and complete information, I am not satisfied that you – are and have been – in a subsisting relationship with the EEA national or that you genuinely intend to join or accompany the EEA national on this occasion.
**On balance, the information before me indicates that marriage to the EEA national facilitates your admission to Member States, including the UK. I accept that it is commonplace to travel to the UK for economic opportunity. However, Member States are entitled to be satisfied that you are in a genuine and subsisting relationship with the EEA national and not a marriage of convenience.
**A letter of support submitted with your application indicates that the EEA national is a student in the UK. However, there is no information before me to show that Regulation 4 (1) (d) (ii) is met. Regulation 4 defines a student as:-
(d)”student” means a person who- (i)is enrolled at a private or public establishment, include on the Department for Education and Skills’ Register of Education and Training Providers (2) or financed from public funds, for the principal purpose of the following a course of study, including vocational training; (ii)has comprehensive sickness insurance cover in the United Kingdom; and
(iii)assures the secretary of State, by means of a declaration, or by such equivalent means as the person may choose, that he has sufficient resources not to become a burden on the social assistance system of the United Kingdom during his period of residence.
**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.

[EUsmileWEallsmile]

Did you receive the emails mentioned in the refusal letter?

[EUfamem_spouse]

I received the email from WARSCVisaInfo@fco.gov.uk on the 21/01/2013 and replied to the same address on 24/01/2013. My wife was checking her emails on the 6/02/2013 and saw the same email from Warsaw_visamail@fco.gov.uk on 30/01/2013 forwarded to her but which I THINK was directed to me
"To whom it may concern:
The following email was sent to Mr xxxxx on 21/01/2013. He has not replied to this email and for this reason we are forwarding the request for information to you." so I replied the email to Warsaw_visamail@fco.gov.uk from my wife's account and also from mine account (copy paste) on the 6/02/2013.
I just realize that i was suppose to reply the first email to Warsaw_visamail@fco.gov.uk and so i think that was why the ECO didn't see the first reply and both emails received stated that "We require that you reply to this email within the next seven working days. You may respond to this request by replying to Warsaw_visamail@fco.gov.uk" which the ECO didn't read the second reply before making a DECISION. (It was six working days from 30/01/2013 to 6/02/2013)

[EUsmileWEallsmile]

I would be inclined to email them again stating the above.

[EUfamem_spouse]

I would be inclined to email them again stating the above.

I started working on my appeal paper to proof the ECO that i am qualified person under regulation 6 (all the proof was documented with my application before) in a genuine relationship with history and substance, to proof this statement wrong about my sponsor was unaware of my marriage" and also to proof him/her wrong of the fact that my wife is a genuine student.

1. do you think i should firstly email them again
2. do i need to document Regulation 4 after she has valid YELLOW CARD and still in school?

Regulation 4 (1) (d) (ii) is met. Regulation 4 defines a student as:-
(d)”student” means a person who- (i)is enrolled at a private or public establishment, include on the Department for Education and Skills’ Register of Education and Training Providers (2) or financed from public funds, for the principal purpose of the following a course of study, including vocational training; (ii)has comprehensive sickness insurance cover in the United Kingdom; and
(iii)assures the secretary of State, by means of a declaration, or by such equivalent means as the person may choose, that he has sufficient resources not to become a burden on the social assistance system of the United Kingdom during his period of residence.

NB: Regulation 4 was documented before she was grated the YELLOW CARD registration certificate.

Thanks in advance.

[Jambo]

Before going into the lengthy process of an appeal. Write a email to the email address. Explain what happened and that you did respond (to the wrong address) and ask then to reconsider based on the information you provided in the original email at the time.

[EUfamem_spouse]

I would be inclined to email them again stating the above.

Before going into the lengthy process of an appeal. Write a email to the email address. Explain what happened and that you did respond (to the wrong address) and ask then to reconsider based on the information you provided in the original email at the time.

I sent am email and hopefully i will receive a reply soon before my 28 days of appeal run out.

Thanks guys.

[Obie]

Even prior to the appeal stage the ECM, will have an opportunity to review their decision, therefore in some case, proceeding with the appeal speedily, sort of decrease the agony a family will have to face of being apart.

[EUfamem_spouse]

No reply to the email I sent to ECO and I am thinking to go ahead with the appeal.

"The complete notice of appeal form must arrive no later than 28 days after the date you received this notice and make sure that it is signed and dated."
The refusal letter was dated 05/02/2013 and i received it at hand on 13/02/2013

My question - when does my 28 days start?
*which date should i follow - 05/02/2013 OR 13/02/2013?
*My wife will be going back to the UK to continue her studies in 2 days. should i include it in my appeal letter.
*do I need a signed letter from her to include it in my appeal?
*we stopped her comprehensive health insurance when she was coming to Romania and bought another comprehensive health insurance from the same company. should i state it in my appeal that she was covered before, was canceled and she is covered again?
*should i give details of the old insurance policy or just the new policy?
*If I make my appeal online, would i be able to attach other documents (proves)?

I do appreciate the help I am getting from this forum and I thank everybody that is committed in helping others.