PLS advice on entering UK without FamPermit

[Hana17]

Hi all! Just got refused a Family Permit application (the second one) today for my husband. We applied from Hungary, where he is a permanent resident. We r married for 9years and have a 3year old son. We r very very disappointed and upset. Two jobs are waiting for us in the UK basically since June but they keep refusing him with blatant lies. They dont even put an effort into creating a somewhat reasonable refusal letter, just plain lie to our faces and misspell our names.
Anyway... We r still thinking about going through Paris with Eurostar. But as i said we have a toddler, and i have doubts taking this trip with no guarantees that my hb will get an INK stamp at border. The job opportunities are just unbelievable to lose though.. any advice on how safe or risky the trip would be ? Can they hold us/detain/ mess with us in front of our toddler? Im a bit scared to be honest.. we hav all documents and more... any personal experiences (lately) or any advise would be highly appreciated. Thanks guys

[New on forum]

Hi all! Just got refused a Family Permit application (the second one) today for my husband. We applied from Hungary, where he is a permanent resident. We r married for 9years and have a 3year old son. We r very very disappointed and upset. Two jobs are waiting for us in the UK basically since June but they keep refusing him with blatant lies. They dont even put an effort into creating a somewhat reasonable refusal letter, just plain lie to our faces and misspell our names.
Anyway... We r still thinking about going through Paris with Eurostar. But as i said we have a toddler, and i have doubts taking this trip with no guarantees that my hb will get an INK stamp at border. The job opportunities are just unbelievable to lose though.. any advice on how safe or risky the trip would be ? Can they hold us/detain/ mess with us in front of our toddler? Im a bit scared to be honest.. we hav all documents and more... any personal experiences (lately) or any advise would be highly appreciated. Thanks guys

What nationality is your husband?

[tmonaghan]

Hi all! Just got refused a Family Permit application (the second one) today for my husband. We applied from Hungary, where he is a permanent resident. We r married for 9years and have a 3year old son. We r very very disappointed and upset. Two jobs are waiting for us in the UK basically since June but they keep refusing him with blatant lies. They dont even put an effort into creating a somewhat reasonable refusal letter, just plain lie to our faces and misspell our names.
Anyway... We r still thinking about going through Paris with Eurostar. But as i said we have a toddler, and i have doubts taking this trip with no guarantees that my hb will get an INK stamp at border. The job opportunities are just unbelievable to lose though.. any advice on how safe or risky the trip would be ? Can they hold us/detain/ mess with us in front of our toddler? Im a bit scared to be honest.. we hav all documents and more... any personal experiences (lately) or any advise would be highly appreciated. Thanks guys

What is the reason for the refusal? Going through at the Border when taking the Eurostar train is wrong; the Border Officers will not let you go on board from Paris.

[Hana17]

Thanks for replies! He is a yemeni citizen with yemeni passport and permanent hungarian residence card. Wow thats news to me that they can refuse him from boarding the train in Paris! (He can fly there as its schengen)
I thought they do visa/docs check at border in UK side?

[alterhase58]

Thanks for replies! He is a yemeni citizen with yemeni passport and permanent hungarian residence card. Wow thats news to me that they can refuse him from boarding the train in Paris! (He can fly there as its schengen)
I thought they do visa/docs check at border in UK side?

When travelling to UK by Eurotunnel or ferry the UK border is in France, UK Border Force officers check documents immediately after French controls.

[tmonaghan]

That is the problem with Schengen; just anyone can take advantage of it hence the UK is not part of it... The UK Border Immigration is located right at the front of the Eurostar Trains waiting hall. Not only you have the UK Immigration officers there; you will need to present your passport to the French Immigration Officers before you get to talk with the UK Immigration Officers. Once your travelling documents are checked, you'll have the Custom Officers using the X Ray equipment to make sure your safe to travel on Eurostar.

[secret.simon]

Can they hold us/detain/ mess with us in front of our toddler?

Also see this thread.

Tmonaghan's question is very relevant.

What is the reason for the refusal?

Also, what are your nationalities?

Wow thats news to me that they can refuse him from boarding the train in Paris!

As mentioned by Alterhase, the border controls between the UK and France are juxtaposed for surface transport (rail and ferry). So the UK Border controls are located at the relevant ports and train stations in France and Belgium and the border checks are carried out before you board your mode of transport into the UK.

[Hana17]

I (wife) am a Hungarian national, so is our son, and my hb is a yemeni national (living here in Hungary for like 14years)

[secret.simon]

What were the reasons given in the letter for refusal? Can you type up or recreate the refusal letter here, taking out all personal information?

As an aside, is your husband not eligible for Hungarian citizenship, after residing in Hungary for 14 years and being married to a Hungarian citizen?

[Hana17]

Thank you secretsimon Ill be checking the thread linked!

Basically we got two job offers at my hb's british friends clinic back in June.
We gave them this info with first application plus our original m.cert. with the required translation, bank statements showing our savings, accomodation letter from a british friend. They refused saying that we dont satisfy them that Ill be exercizing my treaty rights coz i have a 2 year old (which is wrong, hes 3) and im without a job history (??) So they think the applocation is for my hb to take work in the UK, which he can, if im a qualified person (which we fail to prove).

Second time we paid a London based legal advisor. She said our case is very strong. We submitted a lot more papers and wrote personal statements, she wrote a cover letter for us. We sent pics of 9years, new more detailed accomodation letter, original job offer for my name, matching hungarian address cards to prove living together, sons birth cert, new bank statements, letter from my Dad of support if we needed to start our life in UK..
The refusal decision started with this sentence: You have stated that your EU spouse -my name here very badly miss-spelled- is residing in the UK. (Wthell???) You fail to prove shes exersizing her treaty rights. They also said they phoned the clinic and gave my name but the clinic was clueless.
We wonder if they even called, or if they did, how did this conversation go. We asked our friend to check on this.

[secret.simon]

They have erred in their implementation of the EEA Regulations. You do not need to exercise treaty rights/be a qualified person for the first three months of your residence in the UK. See Regulation 13. Even after that, you can be a qualified person by being a self-sufficient person with CSI (private health insurance) for the whole family. So there is no need for them to evaluate your ability to start working immediately.

The more positive news is that it does not seem that they are questioning the genuineness of your marriage.

You may have a chance of getting to the UK via surface transport. But be prepared for long delays and possible separation.

[Hana17]

I checked the link... yes im familiar with the case, ive read it before and its beyond horrible ... one of the cases making us hesitant to go through land.
My hungarian Dad would come travel with us together to help me with my son in any bad scenarios. Would his presence be any help in getting the ink stamp you think?