Sheffield Visa Section - EEA FAMILY PERMIT

[Richard W]

This is the requirements list:

EEA Family Permit Requirements (for non-EU citizens outside the UK):

The EU citizen intends to exercise their Treaty rights in the UK (employment, self-employment, study, self-sufficient, etc)
The couple must be legally married to each other / in a civil partnership with each other
They must have met each other
They must intend to live together
The couple must be travelling to the UK together or the EU citizen should already be in the UK

That list bears only a limited relationship to the law, or indeed to the EEA Regulations (Regulation 12).

[dan1988uk]

He has arrived to the UK on Aug 9th and I've applied on the 16th.
I don't really understand why does it matter if I'll stay in the UK or not.
The Family Permit gives me the right to join him there regardless of the fact if I'm staying or not.
I'm not sure of why does it take so long, maybe the fact I've stated in the application that I intend to work in the UK.
Anyway, I didn't get my passport yet, and don't know the result. I was refused in July just after two weeks of waiting and now I waited for 5 months.

This is the requirements list:

EEA Family Permit Requirements (for non-EU citizens outside the UK):

The EU citizen intends to exercise their Treaty rights in the UK (employment, self-employment, study, self-sufficient, etc)
The couple must be legally married to each other / in a civil partnership with each other
They must have met each other
They must intend to live together
The couple must be travelling to the UK together or the EU citizen should already be in the UK

If he only arrived in the UK it is difficult to prove that he has a permanent job (still on probation) or that he will stay for a long period of time...

My wife has been approved when I was not yet in the Uk, just with a letter from me stating that I wanted to find a job in the UK

[alex1990]

OH god i Have read all that news
I am so sorry for all thos who get refused ! Why for no reasons !!
I can’t say anything just sorry
And I wishes that all of us will get the fpand be with or family! No way
If refused apply agine and agine and agine justice will be on our said!
Plead never give up whatever happens!

[hachel]

Hi all,

Anyone who's application status was "Awaiting a decision" got a decision yet ? If so, how long did it took between the two steps ?

The contact center replied me today after my enquiry that my application is "Awaiting a decision".

Cheers.

[kmazyar]

I didn’t get my passport yet, so I don’t know the outcome yet. Last time I was refused in July because I made a mistake in the application, didn’t send the job contract. It was my fault.

Actually the EU citizen doesn’t have work in the UK if he/she has been in the UK for less than 3 months.

I will get my passport on Sunday and will update on the outcome.



Hachel,

I’ve got the “awaiting decision” mail two days before the decision was made. But it’s been my third escalation and awaiting decision mail.

Interesting, that I didn’t get any mail from Sheffield, only from the contact centre.

[Paschal]

Hello guys,
After sending an email to know the status of my application I got this email:

Thank you for contacting UK Visas and Immigration International Contact Centre.

We understand you have not received any response yet from the Decision Making Centre. Please accept our apologies for the delay in response. Your case is being processed and You should be contacted as soon as a decision is made on your application.

Your patience is highly appreciated.

Please note that the onus is upon individual customers to ensure that they satisfy the requirements set out in the guidance material. The guidance material accompanies each and every application form. UK Visa and Immigration is not able to give, indicate or advise upon the outcome of any such application prior to it being given full and careful consideration.

Directing you to the guidance material is the only advice we can give you. If you need any further help you should seek independent immigration advice.

DON’T KNOW IF ITS A GOOD NEWS

[Paschal]

And please what is the difference between YOUR CASE IS BEING CONSIDERED and YOUR CASE IS BEING PROCESSED?

This is soo confusing

[Arek]

Finally my wife received her FP visa

time line in our case:
26/07 – aplication
07/08 – biometrics
19/08 – email -aplication received in decisison making centre
24/08 – email application not straightforward
follow up two times
21/11 – our lawyer official complaint to Home Office, reply received after 21 working days – keep waiting
27/11 – local MP email to Home Office – reply recieved on 4/01 that visa had been granted
01/12 – SOLVIT Poland – application accepted
22/12 – visa stamped
27/12 – text message
29/12 – FP delivered by courier

Best luck to all who still wait.

[mnpfep]

Hi there,

I have been following this forum ever since I received the "not straightforward" email on September 12th. I submitted my biometrics on 24th August 2017 at VFS Mumbai (North) India.

I received my passport with a refusal letter on 29th December, and I am taken aback by the reasons for refusal. I can't believe the visa office needed 4 months to refuse my permit on these grounds.

The Decision:
You have failed to submit valid identification in your name in the form of a passport which is required for your application. Therefore, this department is unable to confirm your relationship to your sponsor. As such, this department is unable to confirm that you are the family member of an EEA national in accordance with Regulation 7 of the (European Economic Area) Regulations 2016.

You have failed to submit any evidence that your relationship with your EEA national sponsor is as claimed. As evidence of your relationship we would expect to see evidence in the form of an official marriage certificate along with other historical documentary evidence or wedding photos that show that a marriage actually took place.

In view of your failure to provide sufficient satisfactory evidence, I am not satisfied that you are the family member of an EEA national in accordance with Regulation 7 of the Immigration (European Economic Area) Regulations 2016.

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 2016.

Your application does not attract a right of appeal under regulation 36(4) of the Immigration (European Economic Area) Regulations 2016 as you have failed to supply any evidence of your sponsor's identity and that you are related as claimed to your EEA national sponsor.

I am wondering whether it is even a possibility to make a visa application without submitting the passport. How could they say that I haven't submitted my passport when it was actually held with them for over 4 months.

Given below is the list of documents I submitted:

1. My Original Passports (Old & New)
2. Notarised copies of my husband's (Sponsor) passport, OCI, Portugal Citizen Card, Provisional Driving Licence
3. Notarised copy of my husband's declaration as a sponsor
4. Notarised Sponsorship Undertaking (Form SU07/12)
5. Attested copies of my husband's (sponsor) bank statement (1 year)
6. National Insurance Number
7. Original Employer's Letter
8. Attested Payslips (6 months)
9. Attested P60
10. Attested copies of my bank statement highlighting foreign remittances received from my husband since February 2014
11. Western Union money transfer receipts
12. Screenshots of WhatsApp call log
13. My husband's boarding passes for his visits to India
14. Notarised copy of the Letter from the Landlord
15. Original council tax, electricity, broadband, TV services and gas bills
16. Photos of our civil registration marriage, family pictures, other outings/celebrations since 2007, my father's funeral etc were also submitted

I am thinking of reapplying by the following week. However, I do not understand what additional documents must I produce for a successful application. My husband is currently in India with me, and hence, he will be unable to notarise certain documents in the UK.

Could someone help me with the following:

Can we notarise his passport etc in India?
Can we submit the same papers as last time or do we need to get fresh ones, since it has been over four months?
And what is that I need to submit that will satisfy the reasons for refusal?!

Is there anyone who received the same refusal letter?! Were you successful in your second attempt?!

Please advice:)

Hi,

What is your situation?
- Where do you live
- Where is your husband/spouse
- Have you lived together before?
- How long have you been married?
- Have you had a visa for UK before?

Thanks.

My application has been refused on the grounds mentioned in my first post. I am in India. My husband has been in the UK since September 2013. At the moment, my husband is with me in India. We have been in a relationship since 2006 and have known each other since 2004. We got married in May 2016.

This was the first time that I applied for an EEA FP and have been refused. They said I didn't give my passport, our marriage certificate and my husband's (Sponsor) passport as well.

The fact is that all these documents were submitted at the time of my biometrics at VFS Mumbai (North) India on 24th August 2017.

I am not given the right to appeal. Hence, I want to reapply. However, I do not understand where did I make a mistake in my first application.

Please help.

[kaffuk]

Don't appeal. Reapply it will be quicker.

And I suggest you get a lawyer, and in your cover letter your mention that all documents have been provided to the VFS (if you didn't supply your passport VFS would have not send it..)

Good Luck..

[mnpfep]

Don't appeal. Reapply it will be quicker.

And I suggest you get a lawyer, and in your cover letter your mention that all documents have been provided to the VFS (if you didn't supply your passport VFS would have not send it..)

Good Luck..

Thank you so much for your advice!

Could you please guide me on the below as well:

The documents I have (Payslips,bank statements, employer's letter, landlord's letter) are all dated or until August 2017 since I submitted my application in August.

My husband is now in India with me, and hence, it seems difficult to get his payslips attested in his office and bank statements attested in the bank. Can I submit the ones given with my first application?! Or can I submit the previous ones plus the recent ones though the recent ones will be without any attestation?!

We will be notarising his passport, OCI etc here in India.

Please guide.

[Paschal]

Hello everyone,

I have got several email saying my application has being considered and it’s currently awaiting a decision, but today I got a different email saying

Your case is being PROCESSED and You should be contacted as soon as a decision is made on your application.

Your patience is highly appreciated.

So, I will like to know the difference between BEING CONSIDERED and BEING PROCESSED .

Thanks

[dokie]

Hello everyone,

I have got several email saying my application has being considered and it’s currently awaiting a decision, but today I got a different email saying

Your case is being PROCESSED and You should be contacted as soon as a decision is made on your application.

Your patience is highly appreciated.

So, I will like to know the difference between BEING CONSIDERED and BEING PROCESSED .

Thanks

Hey Paschal,
Sounds more like it's being acted upon presently but nothing is written in gold but remain hopeful that sooner than later you'll get a 'decision made' email.
I wish you the very best bro.
I have completed 120working days yesterday btw.
Cheers!

[Roy2018]

Hello,

Hi friends, after 7 months of long wait today i got my passport back and I got a refusal.... This is really frustrating as i applied on 14th june 2017 and the decision was made on 4 Jan 2018 only .... the reasons for refusal are horrifying.

1.My wife is Romanian National but they have mentioned that she is Portuguese National. I have submitted all the copies of her identity cards (UK)... passport copies of Romania.
2. Also said that they married certificate doesnt have a registration Date.... which is practically impossible as it has been registered on 22nd of February and also notarized by home office department Kolkata.
3. Our court marriage was done in Hotel in presence of lawyer which is questionable for them .....

This is really unfair to put us to give us these meaningless reasons to refuse the visa ....

[Paschal]

am really sorry for the outcome of your application after waiting for too long.

Did you get any email like "your case is being processed" before decision is made?

[Roy2018]

No .. I didnt get any as I applied through a lawyer from Mumbai and i am from Kolkata.... Even the lawyer didnt get any email regarding the decision.... the courier service just came at my door today without any prior information.... I still cant believe that they actually lied about my documents.... it seems like they ran out of ideas to find a reason to refuse my application

[Paschal]

that's unfair,
speak with your lawyer about the outcome.
He should know what to do.

best of luck

[BIG Dobby]

No .. I didnt get any as I applied through a lawyer from Mumbai and i am from Kolkata.... Even the lawyer didnt get any email regarding the decision.... the courier service just came at my door today without any prior information.... I still cant believe that they actually lied about my documents.... it seems like they ran out of ideas to find a reason to refuse my application

Hi Roy2018

My advice is to insist your lawyer appeals the refusal/HO decision while you make a fresh application as gradually time is seriously running out!

[kmazyar]

I've got my passport with a refusal.

The reason is that they don't believe my husband's employment is genuine, since I haven't provide them payslips. The case is I did not have any payslips yet back then in August when I've applied, since my husband was working for 6 days back then. They didn't bother to check it with the employer or ask to send them the missing payslips. They've waited for 5 months and then refused.

I'm furious guys.

[alex1990]

I've got my passport with a refusal.

The reason is that they don't believe my husband's employment is genuine, since I haven't provide them payslips. The case is I did not have any payslips yet back then in August when I've applied, since my husband was working for 6 days back then. They didn't bother to check it with the employer or ask to send them the missing payslips. They've waited for 5 months and then refused.

I'm furious guys.

I am so sorry to hear that kmazyar
It’s clear now thy try to refuse all eea family members with or without reason just , late you wait more than 5-6-7 months and refuse, so better for them to remove eea family members visa from them category ,
Thats realy Unbelievably!!!!
I still waiting almost 7 months without getting any results yet !!
140 working days


I have written in advance about filing a collective lawsuit from all the people who are prepared to participate in this lawsuit against these unacceptable responses will not be expensive if our families are all united with each other in the United Kingdom

Any one really ready for that ?
Or will no one respond as the last time i have wrote about this topic , at least make a proposal

Alex1990

[samiprakash]

Guys really sorry to hear all the refusals don't know what's wrong with UK government they know that they must grant a visa to spouse one day according to human right law but they been refusing and giving us all the mental turture every single day.
After reading all these posts I ve lost hope for positive response for my husband's visa.
He applied on 23rd of June 2017 from Kathmandu, Nepal and still waiting . no hope at all but I am forcing myself to think positive and waiting for the decision...hopefully positive response will come soon next week.
Good luck to all of us who are eagerly waiting to meet partners.

[tina_tan]

Hello
Similar timeline as diwakar85.
I tried so many times to email them and so does my case worker, but all the say is your application is in process and my husbands application now has reached the British High commission. Dont realy know what to expect now. Has anyone else experienced this?

My first application was rejected on the ground of Marriage of Convenience. I have applied again on 03/04/17 and on 20/04/17 received an email saying my application is not straight forward. I am also eagerly waiting.

My application was submitted on 3-1-2017 and have heard nothing back. its been four months. we submitted two applications. one for my husband and one for my sister in law. application is made in New delhi india, and my husbands application has rechead the British High commission. and struggle and stress im going through because of the processing time is unimaginable.

anyone else going through this and could you please advise me on what to do.

4 months is really really long time. You should contact them and ask the status of your application/s.

Hello!

I applied last July 11th 2017 and hasn't receive any email nor updates since 25th of July for "awaiting decision entry clearance". Now I am still waiting and I am losing patience.. whay if my visa is refused? So I have to wait for like 6mos for the result. I though 12 weeks is the maximum proces..

[tina_tan]

I agree with you alex. If they keep on refusing visas likw family permit or EEA visa then they should have remove it from their catergory. Sad to say that my visa is still on procesa since July 11,2017. I went through the process and hired a lawyer where she's working in an agency who dealt with visa processing. I am curious why can't they follow the rules the one that they had implemented like the 12 weeks maximum of visa processing. I am married to a Portuguese national living in U.K for 18 years now. He has his own company and working full time. I applied for Family permit visa which is valid for 6 months. I hope our Heavenly Father will touch their hearts as we applicants want to be with our family. In February will be Valentines and my birthday and soon in March will be our anniversary. I am not so sure if I am going to celebrate those important events with my husband since my visa is not yet released by the U.K immigration/embassy office. I had this tormenting thoughts about my visa. I feel so depress with the situation that I am in to. But still I am not losing hope! I am still waiting for it positively..I just miss my husband's presence so badly. I hope the government will realize the impact on what they are doing with us.

I've got my passport with a refusal.

The reason is that they don't believe my husband's employment is genuine, since I haven't provide them payslips. The case is I did not have any payslips yet back then in August when I've applied, since my husband was working for 6 days back then. They didn't bother to check it with the employer or ask to send them the missing payslips. They've waited for 5 months and then refused.

I'm furious guys.

I am so sorry to hear that kmazyar
It’s clear now thy try to refuse all eea family members with or without reason just , late you wait more than 5-6-7 months and refuse, so better for them to remove eea family members visa from them category ,
Thats realy Unbelievably!!!!
I still waiting almost 7 months without getting any results yet !!
140 working days


I have written in advance about filing a collective lawsuit from all the people who are prepared to participate in this lawsuit against these unacceptable responses will not be expensive if our families are all united with each other in the United Kingdom

Any one really ready for that ?
Or will no one respond as the last time i have wrote about this topic , at least make a proposal

Alex1990

[Paschal]

Just got another email.

Thank you for your enquiry

As the processing of your application has not been straightforward we are continuing to work on your application and will make a decision as soon as we are able to. At present we cannot give a time scale for when a decision will be made. We will write to you again if there is any change to this.

Please do not attend the Visa Application Centre until you have been advised that your application has been decided and that your passport is ready for collection.

Kind Regards

UKVI Contact Centre Service – UK Decision Making Centre
www.GOV.UK

[alex1990]

Just got another email.

Thank you for your enquiry

As the processing of your application has not been straightforward we are continuing to work on your application and will make a decision as soon as we are able to. At present we cannot give a time scale for when a decision will be made. We will write to you again if there is any change to this.

Please do not attend the Visa Application Centre until you have been advised that your application has been decided and that your passport is ready for collection.

Kind Regards

UKVI Contact Centre Service – UK Decision Making Centre
www.GOV.UK

I have recived the same mail in November 25 ,