EEA FAMILY PERMIT REFUSAL- HELP!

[CuriousCat1]

Dear fellow expats, spouses and friends in the mercy of UK Home Office!

My husband (Serbian) and I (British) applied for the 6 month EEA family permit at the end of March this year under Surinder Singh. Today we got the dreaded news... refusal! The letter, does not state a reason for refusal!! There is one bullet point with nothing written beside it!

Exact quote from the letter:

The Decision

(Bullet Point)

"I therefore refuse your EEA Family Permit because I am not satisfied that you meet all the requirements of regulation enter the relevant regulation number(s) (see ECGs EUN2.23) of the Immigration (European Economic Area) Regulations 2016.

Where can I go since if I research EUN2.23, all it does is take me to the 10 refusal wording categories?? Do I need to appeal and state how we meet all 10?

Rest assured I included in our application EVERYTHING that needed to be in there. The lady who even took in our application asked if we hired a professional to help us, which we didn't! The HO took all our photos and some pieces of photocopies evidence (eg my involvement in the community, residence cards, our facebook conversations, WhatsApp messages, even my the papers showing why we are returning to the UK- university offer, work and a wedding!) They gave our papers back without the folder we sent it in, all messed up in a horrible order and my husbands passport stuffed in between all the papers! Disrespectful and uncaring!

I need advice on what to do now?

I can appeal, or I can reapply, what do we do now?

[Obie]

Are you exercising treaty rights in an EEA state?

[secret.simon]

When and for how long did you reside in a non-UK EEA member-state? Were you married at the time and did you husband reside with you in the EEA member-state with you at that point in time?

[CuriousCat1]

Hi Guys, thanks for responding!

Yes, I currently live and work in Budapest, Hungary. We applied so that my husband and I will travel together to UK so we are still here.

My Husband moved to Budapest in November 2016 and we got married in mid September 2017. I then moved to Budapest to join him at the end of September 2017 and have been working here since so currently 7 months. We have lived at the same address the whole time and still do. I have got letters from landlords and photo of the property

[CuriousCat1]

Hi Expats!

Since my husbands EEA Family Permit rejection last week we have been reading up on the Immigration (EEA) Regulations 2016 and it says that we can enter the UK without a Family Permit:

'Right of admission to the UK-
2. A person who is not a EEA national must be admitted to the UK if that person is- a.) a family member of an EEA national and produces on arrival a valid passport and *qualifying* EEA state residence card'

My question:
I am British and my dear husband is a Serbian national with a Hungarian Residency card, however, his residency isnt an Article 10 one (issued because we are married and I am an EEA national living in Hungary) but a residency card because he is a volunteer.

Can we still travel using this residency as a *qualifying* residency card? We can prove our marriage and that I am/was using treaty rights (I work here and we live together)?? His residency is legal and legitimate and we have all the documents we showed to the ECO when we applied for the FP

We plan to travel together via Eurostar or bus from either Belgium, Paris or Amsterdam as I have heard that most airlines wont let me on unless he has an FP??

Any experiences or tips??

Thanks guys!

[secret.simon]

Topics merged.

his residency isnt an Article 10 one (issued because we are married and I am an EEA national living in Hungary) but a residency card because he is a volunteer.

Can we still travel using this residency as a *qualifying* residency card?

No. Only Residence Cards issued under Directive 2004/38/EC (Articles 10 and 20) qualify, not national cards/permits.

We plan to travel together via Eurostar or bus from either Belgium, Paris or Amsterdam as I have heard that most airlines wont let me on unless he has an FP??

The requirements for a Surinder Singh returnee (British citizen living in another EEA member-state returning with a non-EEA spouse) are more specific and more detailed than that of an EEA citizen (see Regulation 9), with requirements such as proving center of life, etc. You risk him being turned away at the border (Paris/Brussels if you are coming by Eurostar, Calais/continental ferry port if coming by bus).