I've already posted about my situation in a similar post, so apologies if you're tired of me going on about this...
I have decided to appeal my EEA Family Permit refusal rather than reapply because time really isn't of that much concern and a Border Agent advised me to appeal so I think it is the best course of action in our case.
I am wondering if anyone has any experience with this process and can shed any light on what it entails and likelihood of success?I know these are fairly impossible things to predict but anything would be helpful at this point.
Also, on the appeals form I am asked to answer the following question:
"If you feel that the Home Office decision is restricting your rights under the EEA right to free movement, please explain why."
Now this seems pretty straight forward, however I know the Home Office tends to like things worded a very specific way. Can anyone advise? My situation is as follows:
I am American, my civil partner is French. We have a French PACS which is acknowledged by the UK under the Civil Partnerships Act of 2004.
My refusal letter stated the following:
You state that your sponsor is your Civil Partner. However, you have not submitted a certificate of any other official documentation to confirm that a Civil Partnership ceremony has take place. Without this confirmation I am not satisfied that you are related to your sponsor as claimed.
In compliance with the Immigration (Notices) Regulations 2003 made under section 105 of the Nationality, Immigration and Asylum Act 2002
Given the above, I am led to question the credibility of your claim to be a family member of an EEA national. I am therefore not satisfied that you are a family member in accordance with Regulation 7 of the Immigration (European Economic Area) Regulations 2006.
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.
I did in fact submit our PACS certificate and have proof of this so in the appeal I plan to also send our signed contract, my partner's birth certificate (which shows that he is in a PACS), and the PACS certificate again.
If anyone could please advise I'd really really appreciate the help
