Immigrationboards.com

Hi all!
This is my stroy from 2-3 weeks ago:
http://www.immigrationboards.com/viewto ... 808#667808

In shot story my friend been refused to his first application for EEA Family permit. Tomorrow he is going to collect his passport after the second application, and we all hope he going to get his visa.

my question is if he going to get refused in the second time he and his wife MUST go to the UK.
He got refusal stamp in his passport and i don't know if he going to get second stamp of refusal.
What should they say when they arrive to the UK boarder? with documents they have to bring with them?
Should they say they came for visit?

Please help him he is in really complicated situation.

Thanks, Bigo.

I guess he will need to wait for tomorrow to decide but my advice (which is good in all case): always tell the truth especially when it comes to immigration matters.

thanks Jambo.

But what documnets should they take with them to the airpot? what are the chnces they will let him in?
By the EEA rules the MUST let him enter the UK ( corecrt me if i'm wrong).

[quote="Bigo"]thanks Jambo.

But what documnets should they take with them to the airpot? what are the chnces they will let him in?
By the EEA rules the MUST let him enter the UK ( corecrt me if i'm wrong).[/quote]




It all depend on his State, if Visa National I doubt if he would make the flying.

He is NOT visa national. He will be able to flight the question is what will be at the boarder bacuse he have refusal stamp in his passport.

It will all depend on the reason for the initial refusal.

If it was for something as trivial as, for example, they will not be a qualified person after 3 month, or they don't have sufficient resource, then by all means seek entry at the border, and provide marriage certificate and proof of ID and EEA status of Spouse.

If it was for Public Policy or public Security, or on grounds of marriage of Convenience, then i will suggest the reasons for suspicions is resolved before flying.

Having said so, i must add that in the case of the later or even the former, to a lesser degree, there is a right of appeal in country, and the procedual safeguards provided for in the directive are fully applicable.

Bigo wrote:In shot story my friend been refused to his first application for EEA Family permit. Tomorrow he is going to collect his passport after the second application, and we all hope he going to get his visa.

What exactly was the reason for the first refusal?

Obie wrote:It will all depend on the reason for the initial refusal.

If it was for something as trivial as, for example, they will not be a qualified person after 3 month, or they don't have sufficient resource, then by all means seek entry at the border, and provide marriage certificate and proof of ID and EEA status of Spouse.

If it was for Public Policy or public Security, or on grounds of marriage of Convenience, then i will suggest the reasons for suspicions is resolved before flying.

Having said so, i must add that in the case of the later or even the former, to a lesser degree, there is a right of appeal in country, and the procedual safeguards provided for in the directive are fully applicable.

As you say Obie and as i spoke with Jambo the first refusal was on ground of marriage of convinence and qualified person that it can't be because his wife not have to be qualified person she is not living in the UK and bacause that in their origion country they not doing interview they refuse the application without interview, but in the in the second application they provide all the documents to proof their genuine relationship.

I helping to my friend and i sent for him a letter to the embassy complaining about the refusal and we got answer that they didn't supply enough documents in the first time and in the second application the visa manager wrote that he will take care for the application to make sure the decition will be right.

So as you say Obie and Jambo told me aswell when they will arrive to the uk if they refused second time they will go inside the UK in both way:
1)they will believe them and will let them enter
2)they won't believe them, but they will let them to appeal in the country.

My friend went today to the embassy but his passpot didn't arrived yet probably only next week.

Bigo.

Hello everyone!
Happy end!
My friend got his passport today with his visa granted.

Just few questions:

When they will arrive to the boarder are they going to ask them questions or just let them go inside quickly?

And after his 6 month visa finish what should he do to extend it?

Thank you for all your help for happy end story!

Bigo.

Bigo wrote: When they will arrive to the boarder are they going to ask them questions or just let them go inside quickly?

If they are travelling together or his wife is in the UK already, he should have no problems. He should just answer the questions if any and go to pick his luggage.

And after his 6 month visa finish what should he do to extend it?

He should apply for a 5 years Residence Card using form EEA2. If his wife is working/student/self-sufficient, he can apply for day 1. He doesn't need to wait for the visa to end.

Bigo wrote: When they will arrive to the boarder are they going to ask them questions or just let them go inside quickly?
Bigo.

Remember not to fill a landing card.

and oh..don't forget bags :)