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:
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: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.
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.