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EEA family permit
Posted: Thu Nov 03, 2016 8:27 am
by rakshana1988
HI,
one of my friend got 5 years EEA family permit through her dad. She is now living 3 years in UK and got married to non UK. Her husband got 6 months family permit to come to UK. But now when she applied for family permit for her husband this has been refused. She is confused what to do next. Under which category she could apply for her Husband as she only completed 3 years on her family permit.
Please advise.
thank you
regards
Nithini
Re: EEA family permit
Posted: Thu Nov 03, 2016 8:54 am
by noajthan
rakshana1988 wrote:HI,
one of my friend got 5 years EEA family permit through her dad. She is now living 3 years in UK and got married to non UK. Her husband got 6 months family permit to come to UK. But now when she applied for family permit for her husband this has been refused. She is confused what to do next. Under which category she could apply for her Husband as she only completed 3 years on her family permit.
Please advise.
thank you
regards
Nithini
There is no 5 years family permit so what is wife's actual status? Dependent on father?
Is father still her sponsor despite her marriage?
Your (friend's) wife cannot sponsor anyone as she is not an EEA national.
On what basis did she apply for hubby's FP?
What do you mean FP was obtained for hubby and then to say his application was refused?
Which is it?
When you say FP do you really mean RC?
Probably easier for wife to register and ask own question.
Re: EEA family permit
Posted: Thu Nov 03, 2016 9:11 am
by rakshana1988
noajthan wrote:rakshana1988 wrote:HI,
one of my friend got 5 years EEA family permit through her dad. She is now living 3 years in UK and got married to non UK. Her husband got 6 months family permit to come to UK. But now when she applied for family permit for her husband this has been refused. She is confused what to do next. Under which category she could apply for her Husband as she only completed 3 years on her family permit.
Please advise.
thank you
regards
There is no 5 years family permit so what is wife's actual status? Dependent on father?
Is father still her sponsor despite her marriage?
Your (friend's) wife cannot sponsor anyone as she is not an EEA national.
On what basis did she apply for hubby's FP?
What do you mean FP was obtained for hubby and then to say his application was refused?
Which is it?
When you say FP do you really mean RC?
Probably easier for wife to register and ask own question.
so my friend's father is portuguese national, who is living and working in UK. So he sponsored my friend from india and she received 5 years residence card. Then she got married someone from India. Her husband got 6 months family permit to join with my friend here in UK. Once that one finished, she applied for residence card for her husband but then it was refused.
She is almost finished 3 years on residence card. Under what category she can apply visa for her husband?
hope this helps.
thanks
Re: EEA family permit
Posted: Thu Nov 03, 2016 9:14 am
by CR001
What was the reason for refusal?
Your 'friend' cannot sponsor her husband.
Re: EEA family permit
Posted: Thu Nov 03, 2016 9:14 am
by noajthan
rakshana1988 wrote:so my friend's father is portuguese national, who is living and working in UK. So he sponsored my friend from india and she received 5 years residence card. Then she got married someone from India. Her husband got 6 months family permit to join with my friend here in UK. Once that one finished, she applied for residence card for her husband but then it was refused.
She is almost finished 3 years on residence card. Under what category she can apply visa for her husband?
hope this helps.
thanks
Not surprising as friend cannot sponsor anyone under EU route.
Note friend does not have a 'visa'; if circumstances change her RC may become invalid.
Friend's status in UK may change now she has a husband.
What was reason for refusal?
As a non EEA national one option is UK domestic route (spouse) visa. Check Gov UK website for requirements.
Re: EEA family permit
Posted: Thu Nov 03, 2016 9:20 am
by CR001
noajthan wrote:As a non EEA national one option is UK domestic route (spouse) visa. Check Gov UK website for requirements.
Also not possible till 'friend' has PR.
Re: EEA family permit
Posted: Thu Nov 03, 2016 9:22 am
by rakshana1988
CR001 wrote:noajthan wrote:As a non EEA national one option is UK domestic route (spouse) visa. Check Gov UK website for requirements.
Also not possible till 'friend' has PR.
THANK YOU for your replies. I need to find out what is the reason for refusal and also how he got 6 months family permit to come to UK.
with her visa category, what she can do then to make her husband to stay with her?
Re: EEA family permit
Posted: Thu Nov 03, 2016 10:02 am
by Casa
Your 'friend' doesn't have a visa category.
As has already been explained she is being sponsored by her EEA national father and now that she is married, her own right to reside in the UK is in doubt.
She isn't able to sponsor her husband under any category.
Re: EEA family permit
Posted: Thu Nov 03, 2016 5:08 pm
by rakshana1988
the only confusion I have right now is, how did she apply for family permit in first place. Because her husband got 6 months family permit visa to come to join her.
Re: EEA family permit
Posted: Thu Nov 03, 2016 5:16 pm
by noajthan
rakshana1988 wrote:the only confusion I have right now is, how did she apply for family permit in first place. Because her husband got 6 months family permit visa to come to join her.
There are different criteria for FP (essentially an entry visa) and RC - which confirms status in UK.
Friend/hubby have clearly failed to persuasde HO they hold correct status in UK so that status has not been confirmed.
It could be due to an evidential matter or a fundamental qualification matter (or both).
If both FP and RC served same the purpose (as per same Rules) then one or other would be redundant but that is not how it works
Obtaining a FP does not guarantee obtaining a RC.
You haven't shared the reason/s for refusal.
And its not clear how the applicant's situation was represented when applying for the FP in the first place.