EEA (QP) APPLICATION REJECTED...HELP

[achk]

Hello,

I received a rejection letter for my EEA QP application today... the reason for this stated on the letter was that the passport photo submitted was more than 6 months old. I was NOT granted right to appeal. It would be great if I could get some guidance on some of the questions below.

For context:
- I'm non-EEA (from Hong Kong) & my unmarried partner is from Switzerland (we have been living for 2+ years together & have evidence of this)
- I'm currently on a Tier 5 visa due to expire tomorrow
- We had plans to get married but no set date at this point
- I have stopped working effective tomorrow since I heard the news
- Since my rejection today, I managed to re-submit my QP application again before my current application expired, but I am not expecting an answer until 6-8 weeks later

I'm currently considering flying back to my home country to apply for the Family Permit, to speed up the process of me being allowed back into the UK & working again (it takes 3 weeks MAX to process). However, I have a few questions below to clarify:

1) What happens to my pending EEA (QP) visa application if I decide to apply simultaneously the EEA Family Permit visa? Can both go ahead and get approved or is the EEA (QP) automatically cancelled upon granting of the EEA Family Permit, in which case I would need to reapply later on?

2)Can I get married while in the UK once I get granted the EEA Family Permit visa?

3) One of the questions on the Family Permit visa application is “What is the main purpose of your visit to the UK?” and “How long do you intend to stay in the UK?" - what should my answer for that be if my main purpose to be in the UK is to be with my partner & for us to get married in the near future?

Thanks so much in advance...

[Richard W]

I received a rejection letter for my EEA QP application today...

I trust you mean EEA(FM) rather than EEA(QP).

the reason for this stated on the letter was that the passport photo submitted was more than 6 months old.

How old was the photo when you submitted the application?

I was NOT granted right to appeal.

Correct. As an EFM, you have no right to appeal as the law is currently known.

I'm currently considering flying back to my home country to apply for the Family Permit, to speed up the process of me being allowed back into the UK & working again (it takes 3 weeks MAX to process).

I don't believe that. An apparently simple application from Singapore just took 11 weeks. There has been an enormous increase in processing times recently; I've heard tell that it is the result of a combination of the closure of a processing centre in Manila and the general moving of family permit applications to Sheffield. It's reminiscent of the chaos that ensued when UK passport processing for the Far East was moved from Hong Kong to Liverpool. DO NOT BELIEVE PROCESSING TIMES if the data is from May 2017 - past performance is very much not an indicator of current performance.

However, I have a few questions below to clarify:

1) What happens to my pending EEA (QP) visa application if I decide to apply simultaneously the EEA Family Permit visa? Can both go ahead and get approved or is the EEA (QP) automatically cancelled upon granting of the EEA Family Permit, in which case I would need to reapply later on?

I hope someone can answer from personal experience. I have an uncertain recollection of someone successfully applying for an FP from Istanbul while travelling through Turkey and waiting for a residence card to be approved in the UK, but my memory could be at fault.

2)Can I get married while in the UK once I get granted the EEA Family Permit visa?

Yes.

3) One of the questions on the Family Permit visa application is “What is the main purpose of your visit to the UK?” and “How long do you intend to stay in the UK?" - what should my answer for that be if my main purpose to be in the UK is to be with my partner & for us to get married in the near future?

I would seriously suggest, "to be in the UK is to be with my partner & for us to get married in the near future". However, should you be answering that question? You are moving to the UK to settle, not to visit. (I am uneasy about starting an online application for a family permit, so I am not acquainted with the current form.)

[achk]

Hi Richard,

Thanks for your response...I do mean EEA (QP) as the application was submitted by my partner/sponsor who submitted the application & added myself as a dependent. This was the only way I was able to submit the application online & keep my passport in the meantime.

Good to know the processing times are unreliable but that makes the process even more stressful.

Would you advise I stay in the UK meanwhile my EEA QP re-application is being submitted? or would that be considered over-staying?

[Richard W]

Would you advise I stay in the UK meanwhile my EEA QP re-application is being submitted? or would that be considered over-staying?

It seems to be common practice to stay on switching to the EEA route despite the visa expiring. I have not heard of naturalisation being subsequently refused because of so doing - but I am open to correction. There are also arguments that you would not be an overstayer:

(a) As a durable partner, you already have a right of residence under EU law - though this view does not currently seem to find much favour with the Upper Tribunal. There is an example of this argument working in an appeal against the refusal of a permanent residence card. The EU Commission seems to take this view, but lacked either the political will or the political support to pursue the matter.

(b) Alternatively, as you do not have an automatic right of residence, for you a residence card is a visa, and therefore by applying in time you extend your existing visa. Some lawyers take this view, and it does not seem to have been tested in the courts.

[Obie]

I disagree with Richard. You do not have a right of Residence under EU law, but there is nothing that stops you from applying, even if the EEA (QP) is unsuccessful.

It is open to you to apply under EEA (EFM) or to apply for an EEA Family permit from your home country.

[achk]

Hi all,

I have decided to apply for the family permit as hopefully it will speed up the application process.

I'm currently filling in the document and it asks "When did you marry or enter into a civil partnership?"

What should I answer for that question if i'm applying as an unmarried partner? It is required for me to fill it in.

Similarly, there is a question which enquires how long I intend to stay int he country, what shall I answer for that?

Thanks so much...