Stepson UK family permit refusal

[sotto alberi]

My Stepson, a Russian national, living in Spain with permanent residence and full time employment in Spain was refused a family permit to travel to the UK over Christmas 2016 to join me and his mum. We have been travelling as a family , Myself a GB National, my Russian wife and two daughters for 13 years. He has passports with many previous permits and I guess a record is kept in the UK immigration system or not? Is he now immediately not eligible for the family permit because he is 24 and financially independent? I am currently unemployed for about a year but able to support myself and other family members -- something I would say is irrelevant. Can anyone comment on this, have any info or explain what I should do. It is almost impossible to have any dialogue with UK embassy or any official immigration body. One could say they are utterly useless.....

[noajthan]

My Stepson, a Russian national, living in Spain with permanent residence and full time employment in Spain was refused a family permit to travel to the UK over Christmas 2016 to join me and his mum. We have been travelling as a family , Myself a GB National, my Russian wife and two daughters for 13 years. He has passports with many previous permits and I guess a record is kept in the UK immigration system or not? Is he now immediately not eligible for the family permit because he is 24 and financially independent? I am currently unemployed for about a year but able to support myself and other family members -- something I would say is irrelevant. Can anyone comment on this, have any info or explain what I should do. It is almost impossible to have any dialogue with UK embassy or any official immigration body. One could say they are utterly useless.....

Welcome.

What were the stated reasons for refusal?

You say travelling so where are you normally residing?
Why did stepson apply for a FP?

And yes, UK maintains a fairly comprehensive immigration history databank.

Stepson should probably have applied for a regular UK visit visa as you would not normally be considered as an EEA citizen in this context.

[sotto alberi]

Hello

I also live currently in Spain and was working here for five years. My wife travelled with me to the UK for xmas using her permanent EEA residence card only. I wanted to test the system without obtaining an uneccessary family permit for her.

Why did stepson apply for a FP? He didnt travel with us so thought the best way was to get another FP just for him. Why should he pay for a visa if he is a family member and has travelled previously under the FP system? The reply from the the FP application stated " in order to qualify as a family member you are required to be dependent on the EEA national"
meaning I guess they disregard having lived with me as my son as a family for 13 years. Also that I need to be employed despite providing his means of funding his trip to the UK for 12 days. They quote regulation 7 and 9 of the 2006 EEA regulations

Thanks for replying

[noajthan]

Hello

I also live currently in Spain and was working here for five years. My wife travelled with me to the UK for xmas using her permanent EEA residence card only. I wanted to test the system without obtaining an uneccessary family permit for her.

Why did stepson apply for a FP? He didnt travel with us so thought the best way was to get another FP just for him. Why should he pay for a visa if he is a family member and has travelled previously under the FP system? The reply from the the FP application stated " in order to qualify as a family member you are required to be dependent on the EEA national"
meaning I guess they disregard having lived with me as my son as a family for 13 years. Also that I need to be employed despite providing his means of funding his trip to the UK for 12 days. They quote regulation 7 and 9 of the 2006 EEA regulations

Thanks for replying

It makes more sense now.

It was valid to apply for FP.
But if over age 21 stepson needed to prove financial dependency on sponsor (you) for his essential daily needs (or, if to be treated as an EFM instead of the more favourable FM, proof of membership of household).

Yes, you have to prove you are a qualified person too, but since the November 2016 EEA Regulation changes selfsufficiency is now accepted by UK for those enjoying the Surinder Singh route.
(Previously UK played hard ball and only accepted workers/selfemployed).

If all else fails, a UK visit visa is the other option.

[sotto alberi]

OK, but to confirm your reply. Even if he is financially self sufficient with a great salary, and able to fund his trip, I, as his father, must be employed or prove self sufficiency if he visits me in the UK. Is this understanding correct? We filled the form out together online and tried to be as truthful as possible. Great...

[sotto alberi]

How do we go down the EFM route?I guess that means extended family member

thanks,
SA

[noajthan]

OK, but to confirm your reply. Even if he is financially self sufficient with a great salary, and able to fund his trip, I, as his father, must be employed or prove self sufficiency if he visits me in the UK. Is this understanding correct? We filled the form out together online and tried to be as truthful as possible. Great...

Yes.
And prove son is dependent on you.

If working with a great salary obviously he's nor dependent on you. So he's not your direct family member anymore (in EU context).
And he can afford visit visa. That's probably best bet.

Yes, EFM = extended.
Start here:
https://www.gov.uk/government/publicati ... rmit-eun02

[sotto alberi]

Thanks for your replies on this

As an aside when my son had his appointment for the FP and to leave supporting documentaion I asked him to ask what documentation he would need if he chose to enter the UK without any form of visa but travelling as a family member of an EEA national, with his EEA residence card, which is now possible. They refused to reply. I guess we need only a certified english translation of his birth certificate and my marriage certificate stating his mother is my wife. I will test it.

Thanks again...

[secret.simon]

As an aside when my son had his appointment for the FP and to leave supporting documentaion I asked him to ask what documentation he would need if he chose to enter the UK without any form of visa but travelling as a family member of an EEA national, with his EEA residence card, which is now possible. They refused to reply. I guess we need only a certified english translation of his birth certificate and my marriage certificate stating his mother is my wife. I will test it.

As Noajthan has explained above, he is only considered a family member until the age of 21.

After he attains the age of 21, for him to be recognised as a family member, he needs to prove dependency for essential daily needs in order to remain qualified as a family member. If he has an independent well-paid job, obviously that does not apply.

He can not apply as an EFM under the SS route as family members of a British citizen.

You mentioned that your step-son has Spanish permanent residence. If he has a Spanish PR Card issued under EU law (Article 15 PR Card), he does not need a UK FP to enter the UK. He can enter the UK on the basis of the Spanish PR Card.

Failing that, his best option (and according to me, the only option) would be a standard visit visa under the UK Immigration Rules.

[sotto alberi]

Hello secret simon,

There is a contradiction or doubt in your last two paragraphs or thoughts. So you dont believe entry as my wifes son using his EEA residence will work or are you just being pessimistic?

[secret.simon]

If your step-son's PR is derived from EU law, his Article 15 PR Card is sufficient to enter the UK.

If his PR is derived from Spanish domestic law (the Spanish equivalent of the UK's ILR), then he needs a standard visit visa.

[noajthan]

He can not apply as an EFM under the SS route as family members of a British citizen.

Good point secret.simon and only just recently encapsulated in clear sight in EEA Regs despite case law of Cain regarding EFMs in general.

[noajthan]

If your step-son's PR is derived from EU law, his Article 15 PR Card is sufficient to enter the UK.

If his PR is derived from Spanish domestic law (the Spanish equivalent of the UK's ILR), then he needs a standard visit visa.

Despite McCarthy (second McCarthy case) HO is still being funny about this:

In addition, if you are not travelling with your EEA national family member, you will also need to show:

• evidence that your EEA national family member is in the UK, and
  evidence that they have a right of residence in the UK

...

If you cannot satisfy the Border Officer that you have a right of admission to the UK under EU law, you will not be allowed to enter the UK.

4. Applying for an EEA family permit

...

These applications are free of charge and will help facilitate your entry to the UK.

https://www.gov.uk/government/publicati ... dence-card