EEA Family Permit refused-Help

[Hana17]

Hi guys! Unfortunately i found this website after applying with my husband for his EEA fp. He was refused, and we r to apply again asap. I would really appreciate some advise/opinion guys!
We r married for 8 years, have a 3 year old. The refusal was not stating anything about our marriage (we only provided our marriage cert. no photos,chat logs whatsoever)
The application was sent from Hungary. Sending the pic of refusal.
Question is, is it enough for a second application to send a job offer for me(EEA national)? (I can ask my future employer to send me an offer)
Would that be satisfactory and grant the visa?
Also, is it true that as the refusal says, my husband (non eea family member) is only permitted to work as the spouse of an EEA national if I, (EEA national) am a qualified person, which means working to my understanding?
I didnt think it was a rule, as an EU citizen i CAN travel whenever to the UK, for whatever reasons and period of time.
Any help is appreciated thanks!

[Hana17]

[Hana17]

[Richard W]

Question is, is it enough for a second application to send a job offer for me(EEA national)? (I can ask my future employer to send me an offer)
Would that be satisfactory and grant the visa?

I don't know. I think it would fail, as there is no evidence that you will actually start and continue working. The HO recommends sending evidence of actually being paid for working.

Also, is it true that as the refusal says, my husband (non eea family member) is only permitted to work as the spouse of an EEA national if I, (EEA national) am a qualified person, which means working to my understanding?

For a period of residence longer than 3 months, that is correct. He is allowed to start working before you do, but that right would expire at the end of 3 months.

Now, there is a legal way round this. If you are actually a qualified person without resorting to his income, he may start working and then you can become a self-sufficient person on the basis of his earned income. I think you would need CSI for the three of you. If you do do this, don't do it before your husband has his residence card. You will be vulnerable to HO tricks in breach of the principle that a residence card cannot be made a precondition for rights.

I didnt think it was a rule, as an EU citizen i CAN travel whenever to the UK, for whatever reasons and period of time.

In law, both EU and UK, your claimed reason is not actually a true statement. You are allowed 3 months at a time without any special rights. However, you may be excluded from the UK if you abuse this right by using short absences to restart the periods of 3 months.

[Hana17]

Thanks a lot for the reply! We are thinking about our next move, and I plan to make an appointment and travel for an interview for National Insurance number as my future employer said its required for me. So you suggested that we provide evidence of payment. Would the first received salary be enough? Or we will need to provide months of payslips?
Sometimes we wonder what would have happened if we dont mention me seeking job as intention, but say we are visiting friends.. maybe he would have just got his visa wouldnt he? Did we overcomplicate our own lives? A completely different second application, with different purpose of traveling, budget, intended time of staying is fishy isnt it? Do people do that?

[Richard W]

If you're both living in Hungary, and have not recently been living in the UK, then the refusal is wrong. There is no requirement for you to be a qualified person when you enter for the initial 3 months. If you have an EU marriage certificate, it might have been better from an immigration point of view for the family just to travel by land (and possibly sea). Or would you have had problems on crossing the border from Hungary? (I'm not familiar with the rights of long term residents under EU rules, as the UK has opted out of those provisions.)

[Hana17]

The trip by land/sea seems to be hard for us because of our three year old. However we are thinking of asking several airlines if they would let my husband board a flight with pp, EU marriage certificate and well his useless hungarian permanent residence card). However, based on my research, this attempt will most probably fail. We are looking for solicitors advise us how to get the eea fam.permit the second try for my husband..

[Hana17]

Yes we live in Hungary. He has a hungarian permanent residence card which is different from the article 10 type of cards. Could he travel smoothly to the UK with article 10 type of RC without visa?

[Richard W]

Yes we live in Hungary. He has a hungarian permanent residence card which is different from the article 10 type of cards. Could he travel smoothly to the UK with article 10 type of RC without visa?

Yes. The only problem would be with UK immigration once you reach the border, but if you have the recommended documents, you should be able to enter.