EEA family permit for sister in law/travel with stepdaughter

[Ernestiq]

I managed to get my Jamaican wife here, but my stepdaughter is still in Jamaica, for almost half a year now without her mother. It's a strain on all of us, but we manage with phone and Skype calls. She is staying with my mother in law and sister in law. We have very limited funds, so we were wondering if it's possible to get my sister in law here with her child instead of having to send either of us to get her here.

I know I have to show that they are dependant on me, and they largely are. I send some money as often as I can to make sure my stepdaughter can keep going to school and has what she needs. What would consitute proof of dependancy? I have several slips from Western Union starting back from when me and my wife were in a relationship, where my income was largely what they lived off. They were all sent in my wifes name, but recently a couple in my sister in laws name as well. Would this be enough or do I need more? If so, what?

Another thing I was wondering is since my stepdaughter will be traveling with her aunt, will we need some sort of proof of relationship to make sure they don't get hassled at the airport, or if both of them have an EEA family permit it's enough?

[Obie]

Things should be straightforward for your Step daughter, provided her biological father has no role in her life, or even if he doesn't, that he does not object to her coming to the UK. With your in law, it is a bit more difficult.

You will need to demonstrate she is dependant on you, or was a member of your household if you ever lived in jamaica.

You will need to show, if she is dependant on you, that she need your support to provide for her essential needs, and that she will not be able to meet her household needs without the support your provide her.

Provided she meets this criteria, and EEA family permit, may be issued to her, if in all the circumstances, it seems appropriate for the ECO to do so.

[Ernestiq]

Sorry about not answering sooner, your reply somewhat put my mind at ease though, thanks for that.

Doing the application on Visa4UK now, was checking the options and noticed that when the application notices the main applicant (my step-daughter) is under 18, it asks who is accompanying the main applicant. Then you can enter data there. Then I noticed this:

Important: Your name will be printed on the childs visit visa.
This entitles the child to accompany you, and you only, to the UK. You may nominate a second person to be added to the visa, this could be a parent, legal guardian, other relative or any other adult. This person will be allowed to travel to the UK with the child with or without you.

Does this mean that I could just do the application for my step-daughter and have my sister in law added that way, without having to apply for her separately? Or is this only applicable to some other visa application? (seems like a template, in which case this information would not be relevant at all).

[Ernestiq]

Also, if this is not the case, what would the odds be? I sent a couple hundred pounds every few months, and they live in a house they own so no rent. All of their overhead is being paid by me. That pretty much means I am supporting them. That is grounds to issue the EEA family permit, isn't it?

[wiggsy]

lets step back...

are you an EEA national?....

http://www.immigrationboards.com/viewtopic.php?t=105542

Your wife is allowed to accompany you... along with her children...

[Ernestiq]

lets step back...

are you an EEA national?....

http://www.immigrationboards.com/viewtopic.php?t=105542

Your wife is allowed to accompany you... along with her children...

Forgot to mention, both me and my wife are already in the UK, I am Dutch. Logistics/limited funds/undesirable living conditions/schoolwork made us postpone bringing her daughter until now, but the person who was going to bring her here isn't able to. Hence why we're thinking of letting my sister in law bring her here. But she would need entry clearance, and I was wondering if it was possible to get her a family permit, since I am already providing for them.

Now I wondered since I saw this on the Visa4UK application site:

Important: Your name will be printed on the childs visit visa.
This entitles the child to accompany you, and you only, to the UK. You may nominate a second person to be added to the visa, this could be a parent, legal guardian, other relative or any other adult. This person will be allowed to travel to the UK with the child with or without you.

if it was necessary at all to get her the family permit. It seems to make sense but if I can just have her name added to the passport it might be easier and more likely to get through quickly.

[wiggsy]

how old is the child...

can she board the plane alone to join you at a uk airport? - otherwise, go out there and collect her - with proof of marriage to her mother and proof of relationship between mother and her... (marriage and birth certificate).


im not too sure where the issue is here? the eea family permit can be applied for before you travel to collect...

[vinny]

My stepdaughter was refused an EEA family permit:


I've heard appealing takes longer than reapplying, can anyone tell me if this is true or not? needless to say, we want my stepdaughter here as soon as possible and it has been a considerable setback that we cannot actually get her here this month, as we had planned.

I originally planned on re-applying(just because it's faster) and adding this in the cover letter:

Why I believe your reason for denying [Stepdaughter] is faulty:
Family members referred to under Article 2 of the Directive 2004/38/EC of the European Parliament have an automatic right to join or accompany an EEA family member to another member state when that EEA national is exercising a Treaty right.
"Family member" means:
(a) the spouse;
(b) the partner with whom the Union citizen has contracted a registered partnership, on the
basis of the legislation of a Member State, if the legislation of the host Member State treats registered partnerships as equivalent to marriage and in accordance with the conditions laid down in the relevant legislation of the host Member State;
(c) the direct descendants who are under the age of 21 or are dependants and those of the
spouse or partner as defined in point (b);
(d) the dependent direct relatives in the ascending line and those of the spouse or partner as
defined in point (b);



The UKBA website states:
In assessing an application from an EEA national's direct family member, the entry clearance officer(ECO) should be satisfied that:
the applicant is the family member of the EEA national (marriage certificate, birth certificate or other evidence of family link)
the EEA national is residing in the UK in accordance with the EEA Regulations (as qualified person (exercising treaty rights) if more than 3 months) and the non-EEA national is joining them; or the EEA national intends to travel to the UK within 6 months and will have a right to reside under the Regulations on arrival, and the non-EEA national will be accompanying or joining the EEA national; and
if applying as a spouse or civil partner, there are no grounds to consider that the marriage or civil partnership is one of convenience; and
if applying as dependent family members (dependent children 21 and over and dependent relatives) they are dependent on the EEA national or the EEA national's spouse or civil partner; and
neither the applicant nor the EEA national should be excluded from the UK on the grounds of public policy, public security or public health.

UKBA on stepchildren:
Decisions on accepting children seeking admission under the EEA Regulations as family
members who are stepchildren, adopted children or foster children should be no more
favourable than under the relevant parts of the immigration rules. In practice this means that
all stepchildren are acceptable but adopted and foster children need to meet the
requirements of the relevant paragraphs of part 8 of the immigration rules (other than those
relating to entry clearance).

My stepdaughter fulfills all of these requirements and there are no grounds for refusing her entry.

This has caused us much undue stress, as we had expected for my stepdaughter at the least to get through, so that we might have her over by the middle of June, and get her used to the culture, surroundings, behavior and climate of a new country, before she starts school this August. We have to look at schools, get her registered at one, register her with our GP, and prepare her for the coming year. This has been a considerable setback in our schedule. Not to mention the emotional harm of keeping a daughter from her parents she already hasn’t seen in over half a year, and now it seems like we might be risking missing her birthday as well, a heartwrenching affair for which I feel terribly guilty.

As to the reason I quote as my wife’s residency being “uncertain”, my wife’s application for the residence card is being processed, as you can see from the certificate of application included. We cannot be held responsible for the long processing times of the UKBA. I also do not understand why this is an issue, seeing as it is an EEA family permit, and my wife does not need to function as proxy.

I was wondering if this is the correct course of action, or there is something to be done to get her here quicker. Did I make a mistake by not immediately trying to get a residence card? I thought that a family permit was, in the end, just entry clearance, and technically only a formality in order to get through customs easier (as opposed to my wife coming here with a marriage certificate and showing at customs that she is allowed entry). Which brings me to my next point:

Is it an option to go to Jamaica and pick her up, then bring her to the UK and upon arrival at the airport here show them that she has a right to be here by showing the papers (birth certificate, marriage certificate, passports) at customs? I really just want my stepdaughter here as soon as possible because she misses us and we miss her.

[vinny]

how old is the child...

As there had been no mention of dependency in the refusal notice, then I am assuming that the child is under 21.

If the child is under 21, then you seem to have provided sufficient evidence, as clearly confirmed on the refusal notice.

The UKBA's delay/failure in issuing a residence card for her mother is not a reason for refusal, as she isn't even required to apply one.

To say that she fails regulation 7(1)(b) is beyond reason.

However, EUN2.21 Applications from direct descendants under 18, may be a more valid reason for their concern, depending on her age.

[Ernestiq]

how old is the child...

As there had been no mention of dependency in the refusal notice, then I am assuming that the child is under 21.

If the child is under 21, then you seem to have provided sufficient evidence, as clearly confirmed on the refusal notice.

The UKBA's delay/failure in issuing a residence card for her mother is not a reason for refusal, as she isn't even required to apply one.

To say that she fails regulation 7(1)(b) is beyond reason.

However, EUN2.21 Applications from direct descendants under 18, may be a more valid reason for their concern, depending on her age.

She is 4 years old, hence why being separated so long is what is difficult. Am I correct in finding this rejection outrageous as well as nonsensical?

how old is the child...

can she board the plane alone to join you at a uk airport? - otherwise, go out there and collect her - with proof of marriage to her mother and proof of relationship between mother and her... (marriage and birth certificate).


im not too sure where the issue is here? the eea family permit can be applied for before you travel to collect...

I could have sworn I replied to this post but in retrospect it seems I haven't.
Anyway: 4 years old, as above. She cannot board alone, and me picking her up is possible, though costly. Would customs in Jamaica not give me a hard time picking her up? Would customs in the UK? My biggest fear is taking this in my own hands and doing what you suggest to just get her here as soon as possible, and then finding that she has to get back to Jamaica. But that could just me being negative. So theoretically, I could go pick her up, show up here at border control with her, and give them our passports, her birth certificate, and my marriage certificate, maybe a printout of the relevant legal paperwork stating that she has a right of abode in the UK, and there is nothing they could do except have us sit there for a couple hours? Is this hypothesis correct or am I misinterpreting something?

[vinny]

She does not have a right of abode.

However, the refusal is unjustifiable.

[Ernestiq]

She does not have a right of abode.

However, the refusal is unjustifiable.

My mistake, getting my terms mixed up.

So the best thing to do is just to reapply? or to appeal? is it possible for me to do what wiggsy suggested, and pick her up in Jamaica? Or is this only possible for non Visa Nationals?

[vinny]

Visa nationals may have problems boarding a plane without appropriate clearance.

[Ernestiq]

Visa nationals may have problems boarding a plane without appropriate clearance.

That pretty much means this idea is out the window then?

[Obie]

There may have been other valid reasons, like no evidence of biological father's approval, or it does not seem to be in the child's best interest to issue the permit. At least such would have made sense in law.

They are essenntially saying that evidence has been provided showing the EEA national exercising treaty rights, that the mother was issued an EEA family permit, which confirms that the UKBA are satisfied that the marriage is genuine, that the mother has applied for Residence Card, which is option, therefore EEA family permit will not be issued.

Seems totally crazy.

You should appeal, as the refusal seem to make no sense whatsoever.

[Directive/2004/38/EC]

Appealing will take months. Worth considering doing as a backstop, but you should be able to resolve it more quickly.

Your wife and her children have legal right to be with you in the UK. The Residence Card that your wife has applied for is an optional thing that merely confirms her already existing right to be with you. You have provided all the evidence you needed to in your application, and UKBA has confirmed that in their written refusal.

UKBA policy is very clear about this. Some of them embassies do not seem to know this.

(1) Contact the European Policy Group at UKBA. Ask them to contact the embassy to ensure that the embassy knows about UKBA policy.

AND

(2) Contact the embassy and ask for an emergency review of the refusal by an ECM.

AND

(3) Contact Solvit and ask for their assistance.


For (1) and (2) I will try to pull together some references to UKBA policy. One to include is https://dl.dropboxusercontent.com/u/278 ... ations.pdf

[vinny]

The ECO was unsatisfied with the lack of a non-compulsory document from the UKBA.

It's like adding insult to injury.

The refusal ground is outside the scope of the amended Regulations.

Give the ECM a choice of a claim for damages or immediate compliance with the Regulations.

[Ernestiq]

Appealing will take months. Worth considering doing as a backstop, but you should be able to resolve it more quickly.

Your wife and her children have legal right to be with you in the UK. The Residence Card that your wife has applied for is an optional thing that merely confirms her already existing right to be with you. You have provided all the evidence you needed to in your application, and UKBA has confirmed that in their written refusal.

UKBA policy is very clear about this. Some of them embassies do not seem to know this.

(1) Contact the European Policy Group at UKBA. Ask them to contact the embassy to ensure that the embassy knows about UKBA policy.

AND

(2) Contact the embassy and ask for an emergency review of the refusal by an ECM.

AND

(3) Contact Solvit and ask for their assistance.


For (1) and (2) I will try to pull together some references to UKBA policy. One to include is https://dl.dropboxusercontent.com/u/278 ... ations.pdf

This is a very helpful post and I will do all three of these today. How do I contact the European Policy Group, exactly?
When contacting the European Policy Group at UKBA, can I just show the rejection letter, tell them it was the British High Commission in Jamaica and be done with it, or do I have to prove something specific?

Does my stepdaughter have to be present during the emergency review? Do we need to get a copy of all the papers again?

The ECO was unsatisfied with the lack of a non-compulsory document from the UKBA.

It's like adding insult to injury.

The refusal ground is outside the scope of the amended Regulations.

Give the ECM a choice of a claim for damages or immediate compliance with the Regulations.

Will try this as well, is a demand like that likely to get a positive response? (IE them trying to get an EEA family permit ASAP?)

[Directive/2004/38/EC]

They have already seen all the required documents, and have documented that in the refusal letters. Nothing new needs to be submitted.

Note that your wife could go and pick her daughter up. Has she requested her passport back from UKBA? She would likely need to get a new EEA FP, but that should be quick and easy.

European Policy Group will not and can not overturn your refusal directly. But you should ask them a question:

"I am the wife of an EU citizen who is working in the UK. I have applied for a Residence Card. My 4 year old daughter is still in Jamaica, and I wish to bring her to the UK. Am I required to wait until my RC is issued until an EEA Family Permit is issued?

I ask because my daughter has been refused, and I believe the grounds for the refusal are not conforming to UKBA policy. I have attached a scan of the refusal letter"

I need to find their email address. I will send it later today.

[Ernestiq]

They have already seen all the required documents, and have documented that in the refusal letters. Nothing new needs to be submitted.

Note that your wife could go and pick her daughter up. Has she requested her passport back from UKBA? She would likely need to get a new EEA FP, but that should be quick and easy.

European Policy Group will not and can not overturn your refusal directly. But you should ask them a question:

"I am the wife of an EU citizen who is working in the UK. I have applied for a Residence Card. My 4 year old daughter is still in Jamaica, and I wish to bring her to the UK. Am I required to wait until my RC is issued until an EEA Family Permit is issued?

I ask because my daughter has been refused, and I believe the grounds for the refusal are not conforming to UKBA policy. I have attached a scan of the refusal letter"

I need to find their email address. I will send it later today.

It is much appreciated. I would consider having my wife pick her up if I was sure that it was possible to get the EEA FP quicker than before, but as it stands I doubt we'll manage that (we have a 6 month old daughter as well)

[Directive/2004/38/EC]

Note that it does not hurt to request back the passport. In fact I would ask that the RC be issued on a priority basis because the need to travel to pick up the 4 year old other family member

[Ernestiq]

I sent my letter to two e-mails noted to be of the British High Commission in Kingston and received this:

Thank you for your email. Unfortunately neither of the email addresses you have contacted are for visa services. You can find out how to contact our view team on the following website: www.ukba.homeoffice.gov.uk/countries/jamaica/ or via information provided to applicant.

and

Thank you for your email.

Please note we will not respond to visa related enquiries submitted to this mailbox.
Please send your enquiry to our commercial partner Worldbridge at https://www.visainfoservices.com/pages/SendAnEmail.aspx

Needless to say, Worldbridge is just as useless.

Thank you for contacting WorldBridge Service, The UK Border Agency's Commercial Partner. We appreciate your patience regarding the response to your enquiry as WorldBridge strives to provide the most accurate responses to all enquiries. Below you will find the response to that enquiry.

In regards to your enquiry, please follow the provided link below, this page explains how you can appeal against an immigration decision made outside the UK or at the UK border.

http://www.ukba.homeoffice.gov.uk/visas ... o/appeals/

Please note that you will not be able to respond to this email. If you have additional questions submit a new enquiry via email free of charge by visiting the WorldBridge website at www.worldbridgeservice.com.

When submitting a new enquiry, please reference the case number from this particular email to ensure thorough processing. Note the case number can be found in the subject line of this email. EX: Reply from WorldBridge Service for Case Number: 00000xxx.

Thank you again for contacting WorldBridge.

They tell me to appeal, which will take longer than filing a new application.

I've been writing a letter to the UKBA, sorry for the length, but I want to make it clear to the UKBA that I am aware of my rights and will not take this lying down.

Dear sir or madam,

The day I write this my sister in law went to pick up my stepdaughter’s travel documents, only to find that her travel document has been denied. See the added documents for the reasons stated by the UKBA.

I write to you disputing your reasons, and will re-apply this same week, and my sister in law will hand in the documents at the soonest possible convenience, expecting a different result, and would like this application to be processed quicker than the previous one, because the previous application was not handled correctly. I wonder if perhaps there has been a mixup in files, since the refusal letter also features a wrong birthday.

Why I believe your reason for denying [Stepdaughter] is faulty:
The requirements of Regulation 12:
“12.—(1) An entry clearance officer must issue an EEA family permit to a person who applies
for one if the person is a family member of an EEA national and—
(a) the EEA national—
(i) is residing in the UK in accordance with these Regulations; or
(ii) will be travelling to the United Kingdom within six months of the date of the
application and will be an EEA national residing in the United Kingdom in
accordance with these Regulations on arrival in the United Kingdom; and
(b) the family member will be accompanying the EEA national to the United Kingdom or
joining him there and—
(i) is lawfully resident in an EEA State; or
(ii) would meet the requirements in the immigration rules (other than those relating to entry clearance) for leave to enter the United Kingdom as the family member of the EEA national or, in the case of direct descendants or dependent direct relatives in the ascending line of his spouse or his civil partner, as the family member of his spouse or his civil partner, were the EEA national or the spouse or civil partner a person present and settled in the United Kingdom.
(2) An entry clearance officer may issue an EEA family permit to an extended family member
of an EEA national who applies for one if—
(a) the relevant EEA national satisfies the condition in paragraph (1)(a);
(b) the extended family member wishes to accompany the relevant EEA national to the
United Kingdom or to join him there; and
(c) in all the circumstances, it appears to the entry clearance officer appropriate to issue the EEA family permit.
(3) Where an entry clearance officer receives an application under paragraph (2) he shall
undertake an extensive examination of the personal circumstances of the applicant and if he
refuses the application shall give reasons justifying the refusal unless this is contrary to the
interests of national security.
(4) An EEA family permit issued under this regulation shall be issued free of charge and as soon
as possible.
(5) But an EEA family permit shall not be issued under this regulation if the applicant or the
EEA national concerned falls to be excluded from the United Kingdom on grounds of public
policy, public security or public health in accordance with regulation 21. “
-http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Family members referred to under Article 2 of the Directive 2004/38/EC of the European Parliament have an automatic right to join or accompany an EEA family member to another member state when that EEA national is exercising a Treaty right.
“"Family member" means:
(a) the spouse;
(b) the partner with whom the Union citizen has contracted a registered partnership, on the basis of the legislation of a Member State, if the legislation of the host Member State treats registered partnerships as equivalent to marriage and in accordance with the conditions laid down in the relevant legislation of the host Member State;
(c) the direct descendants who are under the age of 21 or are dependants and those of the spouse or partner as defined in point (b);
(d) the dependent direct relatives in the ascending line and those of the spouse or partner as defined in point (b);”
-http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF




According to the Immigration (European Economic Area) Regulations 2006:
Regulation 7:
7.—(1) Subject to paragraph (2), for the purposes of these Regulations the following persons
shall be treated as the family members of another person—
(a) his spouse or his civil partner; 7
(b) direct descendants of his, his spouse or his civil partner who are—
(i) under 21; or
(ii) dependants of his, his spouse or his civil partner;
(c) dependent direct relatives in his ascending line or that of his spouse or his civil partner;
(d) a person who is to be treated as the family member of that other person under paragraph (3)
-http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

The UKBA website states:
“In assessing an application from an EEA national's direct family member, the entry clearance officer(ECO) should be satisfied that:
the applicant is the family member of the EEA national (marriage certificate, birth certificate or other evidence of family link)
the EEA national is residing in the UK in accordance with the EEA Regulations (as qualified person (exercising treaty rights) if more than 3 months) and the non-EEA national is joining them; or the EEA national intends to travel to the UK within 6 months and will have a right to reside under the Regulations on arrival, and the non-EEA national will be accompanying or joining the EEA national; and
if applying as a spouse or civil partner, there are no grounds to consider that the marriage or civil partnership is one of convenience; and
if applying as dependent family members (dependent children 21 and over and dependent relatives) they are dependent on the EEA national or the EEA national's spouse or civil partner; and
neither the applicant nor the EEA national should be excluded from the UK on the grounds of public policy, public security or public health.”
-http://www.ukba.homeoffice.gov.uk/polic ... /eun/eun2/

UKBA on stepchildren:
“Decisions on accepting children seeking admission under the EEA Regulations as family
members who are stepchildren, adopted children or foster children should be no more
favourable than under the relevant parts of the immigration rules. In practice this means that
all stepchildren are acceptable but adopted and foster children need to meet the
requirements of the relevant paragraphs of part 8 of the immigration rules (other than those
relating to entry clearance).”
-http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

My stepdaughter fulfills all of these requirements and there are no grounds for refusing her entry.

As to the reason I quote as my wife’s residency being “uncertain”, my wife’s application for the residence card is being processed, as you can see from the certificate of application included. It is even stated that it was checked out and that the ECO is aware that the application is being processed! We cannot be held responsible for the long processing times of the UKBA. I also do not understand why this is an issue, seeing as it is an EEA family permit, and my wife does not need to function as proxy. To top it all off, it is not actually required for my wife to apply for a residence card. It is clearly stated on the UKBA website:
“You do not need to obtain documents confirming your right of residence in the UK if you are a family member of an EEA national.”
-http://www.ukba.homeoffice.gov.uk/eucit ... ts-family/

“After entry to the UK the holder can apply to the Home Office for a residence card. A residence card (an endorsement in the holder's passport) enables the holder to re-enter the UK without the need for an EEA family permit for as long as they are the family member of an EEA national with a right of residence in the UK. A residence card, which is normally valid for five years, is simply a confirmation of the holder's right of residence in the UK - it is not a compulsory requirement.”
-http://www.ukba.homeoffice.gov.uk/polic ... /eun/eun2/

And it’s not like the EEA family permit expiring has any bearing on my wife’s legal status to remain here, considering we still meet the EEA Regulations:
“As long as the non-EEA family member of an EEA national continues to meet the EEA Regulations they would not be considered as having 'overstayed' simply because the expiry date of their EEA family permit had passed.”
-http://www.ukba.homeoffice.gov.uk/polic ... g/eun/eun2

The idea that my wife’s status in the UK is “uncertain” is preposterous because as long as she is my wife, she has a right to be here. As the above quotations show, she needs neither an EEA family permit, nor a residence card to be a legal resident. My wife having, or not having either of these documents, have no bearing on my stepdaughter getting an EEA family permit.

This has caused us much undue stress, as we had expected for my stepdaughter at the least to get through, so that we might have her over by the middle of June, and get her used to the culture, surroundings, behavior and climate of a new country, before she starts school this August. We have to look at schools, get her registered at one, register her with our GP, and prepare her for the coming year. This has been a considerable setback in our schedule. Not to mention the emotional harm of keeping a daughter from her parents she already hasn’t seen in over half a year, and now it seems like we might be risking missing her birthday as well, a heartwrenching affair for which I feel terribly guilty.

I hope reading this appeal will make the UKBA realize previously a mistake was made and this will be rectified as soon as possible.

Kind regards,

Ernest Ropers

[Ernestiq]

Update: Got an answer from Solvit:

We are sorry to hear of your difficulties in obtaining an EEA Family Permit for your step daughter.

As your suggested, we recommend that you apply once again for the EEA Family Permit.

In your application you should refer to the UK’s Modernised Guidance on the issue of EEA Family Permits:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

At page 8, it is stated that:

“In assessing an application from a direct family member, you [Entry Clearance Offier] must be satisfied that the applicant:
• holds a valid passport;
• provides enough documentary evidence, such as marriage or birth certificates or other evidence which shows that they qualify for an EEA family permit; and
• provides evidence that their EEA family member is or will be exercising free movement rights in the UK.”

Therefore for the purposes of the EEA Immigration Regulations 2006, your step daughter must demonstrate the following:

(1) She holds a valid passport, which you demonstrate by providing her original passport;
(2) She is related to you - she is a child of less than 21 years of age who is the daughter of the spouse of an EEA national; she demonstrates this by providing a copy of her birth certificate and your marriage certificate;
(3) You are exercising your rights to free movement by working, studying or otherwise living as a self-sufficient person.

In your letter, you should emphasise that:

(1) your wife has a right to reside in the UK with you by virtue of the EU Treaties as further given effect by Directive 2004/38, Articles 2 and 7 which have direct effect;

(2) your wife’s right to reside in the UK is not conditional upon having been issued with a residence card in accordance with Article 23 of Directive 2004/38);

(3) your wife’s status as the wife of an EEA national has already been recognised by the fact that she has been issued with an EEA family permit.

Moreover, as a matter of UK law, your wife is not obliged to obtain a residence card as confirmed on the UKBA website:
“Do you need to apply?
You do not need to obtain documents confirming your right of residence in the UK if you are a family member of an EEA national.”
http://www.ukba.homeoffice.gov.uk/eucit ... ts-family/

Therefore as a matter of EU law as well as UK law and practice, your wife does not need to have a residence card issued to her to prove she is the family member of an EEA citizen having a right to reside in the UK. As a result, the Entry Clearance Officer cannot make it a pre-condition that your wife should have been issued with a residence card in order for your step-daughter to be issued with an EEA family permit.

We therefore suggest that you re-apply for an EEA Family Permit for your step-daughter .

In the event that this does not resolve your situation, you should contact the Dutch centre of SOLVIT, the EU’s on-line problem-solving network to see if they can assist in resolving the issue.
http://ec.europa.eu/solvit/site/index_en.htm

Just thought I'd post it for anyone with a similar problem in the future who stumbles upon this thread.

[Directive/2004/38/EC]

There is a UKBA European Operational Policy Team notice entitled "Assessing applications in accordance with public policy, public security or public health". Almost all of this is unrelated to the application of your daughter or your wife.

But Paragraph 3 is nicely worded:

3. There is no requirement for an EEA national or a non-EEA family member
of an EEA national to apply for a document to confirm their right to reside
in the UK. However, non-EEA family members are more likely to apply for
documents to evidence their status in the UK. Except in the case of
extended family members (whose position is dealt with in separate
guidance), residence documentation evidences rights which arise
automatically as a matter of Union law. For instance they demonstrate a
person‟s entitlement to reside and work in the United Kingdom. However,
a person who has been issued with a document only resides lawfully for so
long as s/he continues to meet the underlying conditions for issue of that
document.

Paragraph 3 on the first page also contains the email address to use for contacting somebody within UKBA who knows something about Eu free movement law.