EEA family visa but different circumstances

scorpio1 · Post by **scorpio1** » Fri Nov 11, 2011 9:21 pm

Hi there, I appreciate if anybody from forum write me their advice on following issue.
History:
1- I spent around 5 years in the UK, I was on work permit WP,
2- WP curtailed by home office and I was unaware( home address and employer changed)
3- UKBA later told me I am overstayer and order leave the country
4- Appealed against this decision but during this time left the UK voluntarily at my own expenses
5- My wife is from EU so I moved with my wife now.
6- This year in summer I applied for general visa (due to my wife work could not manage EEA family permit) to the UK and ECO not only refused my application but banned for next 10 years under 320 7(b) without any appeal right
7- According to ECO statement in refusal letter, he is totally incorrect to apply this law

Questions:

1- What will be if I apply for EEA family permit now after 320 7 (b), any experience?
2- Personally I think most likely again ECO will refuse but how to defend then?
3- Any other suggestion I must consider before to apply for EEA visa?

Thanks in advance for time.

Post by **Greenie** » Sat Nov 12, 2011 12:17 pm

On what grounds did the ECO refuse you under 320 7(b) - what reasons did s/he actually give?

Why didn't you apply for an EEA family permit?

Azhaar · Post by **Azhaar** » Sat Nov 12, 2011 12:25 pm

First u should have applied under EEA rule as long as your wife was in the uk excercising treaty rights.

now you can do that but they may suspect that your marriage is a marriage of convinience..

but worth a try but if they refuse for this reason u can always appeal, but they cant refuse for 320 7 (b), its agains the law

scorpio1 · Post by **scorpio1** » Sat Nov 12, 2011 1:19 pm

Thank you for reply, really appreciated.
ECO refused application on my previous history, eco discussed
1- overstayed
2- breached attached condition with temporary admission( missed reporting )
Even I informed them when left the UK so there is no point if they asking why I didn’t report in Mach/April even I left the UK in February.
Due to my wife job I could not mange to apply for EEA permit, there is nothing anything else. But it was a mistake I realized now.
Other point as Azhar raise, I don’t think so but ECO can refuse at any basis, reason is we married in the UK after approval of CoA.

Thanks.

Azhaar · Post by **Azhaar** » Sat Nov 12, 2011 1:48 pm

if you are family memeber of an eaa national you have the right to live and join your eea national disregarding any immigration past .. its against the law to refuse for any reason to do with your immigration history..

trust me

Post by **Greenie** » Sat Nov 12, 2011 2:59 pm

scorpio1 wrote:Thank you for reply, really appreciated.
ECO refused application on my previous history, eco discussed
1- overstayed
2- breached attached condition with temporary admission( missed reporting )
Even I informed them when left the UK so there is no point if they asking why I didn’t report in Mach/April even I left the UK in February.
Due to my wife job I could not mange to apply for EEA permit, there is nothing anything else. But it was a mistake I realized now.
Other point as Azhar raise, I don’t think so but ECO can refuse at any basis, reason is we married in the UK after approval of CoA.

Thanks.

The ECO can refuse under 320(7b) if you are applying for a visit visa. He can't if you apply for a family permit.

I still don't understand why you didn't apply for the family permit -what do you mean 'due to your wife's job'

If you left voluntarily at your own expense I don't understand why a 10 year ban was imposed. Do they also allege you used deception in previous application? Why was your previous leave curtailed?

Also - FYI - just because you were granted a CofA to marry doesn't mean they won't attempt to allege that your marriage is one of convenience.

scorpio1 · Post by **scorpio1** » Sun Nov 13, 2011 10:14 am

Hi there,
Once again thank you for reply,
My wife is working with EU institution so due to burden of work it was impossible that time to apply for EEA permit quick option was visit visa.
Reason to apply that particular time was, couple of people took money from me there and 1 off them was going to out of country, (some one told me) so I thought I must go as soon as possible and sort-out my money.
10 years ban, still I am sure eco is incorrect. It should be 1 year not 10. WP curtailed, got problem with employer so he informed home office on other hand I was unaware because he told me a different story, so I thought its ok.

They approved my CoA within 2 weeks time even I was overstayed that time, I mean they can allege but see to many things.
Azhar, I can trust you, do you have any personal experience or around you?
Thanks

elixya · Post by **elixya** » Mon Nov 14, 2011 12:17 am

Hi,
Is your wife working in the UK in one of these EU agencies? Or still in another country and want to relocate to the UK? I recently realised there is an exclusion in the Lisbon Treaty (art.39.4) for jobs in the public administration but what do they mean by this? that the spouses of such persons have not the same rights as those of other workers?? Or they mean that there is no freedom of movement within public sector (e.g countries can restrict access to public service)?

Do you know more?

Thanks for any comments

Post by **Directive/2004/38/EC** » Mon Nov 14, 2011 12:33 am

You were legally married in the UK?
Is your wife working in the UK?
Is there any reason you are not presently eligible for an EEA Family Permit, other than the 10 year ban?

scorpio1 · Post by **scorpio1** » Mon Nov 14, 2011 8:59 am

Hi again,
Thank all of you to reply,
No, my wife is neither working in the UK nor living in the UK at the moment.
but answers or ‘Directive/2004/38/EC’ questions
You were legally married in the UK?
Yes, after approval of certificate of approval CoA.
Is your wife working in the UK?
No
Is there any reason you are not presently eligible for an EEA Family Permit, other than the 10 year ban?
No, just 10 years ban from last visit visa application.

Elixya, I have no idea about this article, so I have to look at this.

Thanks.

Post by **Directive/2004/38/EC** » Mon Nov 14, 2011 11:21 am

scorpio1 wrote:No, my wife is neither working in the UK nor living in the UK at the moment.

Is she scheduled to move to the UK in the next 6 months?

If she is not, then you are not eligible for an EEA Family Permit.

The couple must be moving/traveling together.

scorpio1 · Post by **scorpio1** » Mon Nov 14, 2011 12:28 pm

thank you for reply,
ya she will move to the UK within 6 months.

Post by **Directive/2004/38/EC** » Mon Nov 14, 2011 1:06 pm

scorpio1 wrote:ya she will move to the UK within 6 months.

Then you should apply now for the EEA FP. I would suggest doing it now since it will give you more time to address or appeal any problem.

scorpio1 · Post by **scorpio1** » Mon Nov 14, 2011 1:09 pm

thank you for swift reply,
yes i agree with you and apply asap but
just 320 7(b) is sometimes on my head, if tell you true.
thanks

Post by **Directive/2004/38/EC** » Mon Nov 14, 2011 1:50 pm

There are only a few reasons an EEA FP can be refused. Do not worry about it. Apply!

scorpio1 · Post by **scorpio1** » Tue Nov 15, 2011 9:28 am

Hi again,
One more question in my mind. How to differentiate between crime and offence?
if you get 3 points and fixed penalty on driving license on same day but without any court,
What it will be? Crime or offence
I mean what to say about this in visa application form.
Thanks again.

scorpio1 · Post by **scorpio1** » Fri Nov 18, 2011 8:44 am

Hi all,
any advice on above query( crime and offence)?
Thanks

Post by **Directive/2004/38/EC** » Fri Nov 18, 2011 10:44 am

scorpio1 wrote:Hi again,
One more question in my mind. How to differentiate between crime and offence?
if you get 3 points and fixed penalty on driving license on same day but without any court,
What it will be? Crime or offence
I mean what to say about this in visa application form.
Thanks again.

Are you wondering whether to mention it on the application?

What was the penalty for? Or put another way, what was your "crime"?

scorpio1 · Post by **scorpio1** » Fri Nov 18, 2011 12:59 pm

thanks for reply directive,
panalty was driving on proviosnal license, so got 3 ponits plus 80 quid fined in march 2008 but not from court, i gulity on spot.
thanks

Post by **Directive/2004/38/EC** » Fri Nov 18, 2011 1:19 pm

You can feel free to mention it. It should have no bearing on your application as far as I know, since you are married to the EEA citizen.

scorpio1 · Post by **scorpio1** » Fri Nov 18, 2011 1:43 pm

thank you directive,
hope its not give bad impression as i check on HO website under good character guidelines.

Post by **Directive/2004/38/EC** » Fri Nov 18, 2011 2:53 pm

As the direct family member of an EU citizen, there is no requirement for actively or solely "good behaviour".

I would encourage you to live a good interesting rich life, but you can not be excluded for minor offences.

Just so you know, and I am not a lawyer nor do I know enough about criminal law, so this should not be considered any form of professional advice:
If you were convicted for serious offences, with e.g. a multi year year prison term, then HO can consider refusing you entry or throwing you out. But you must be a ongoing and serious threat to society. And there is a strong right of appeal and due process.

scorpio1 · Post by **scorpio1** » Fri Nov 18, 2011 4:20 pm

Thank you again,
one more point and i wonder if how you will analyse it.
query is about my overstayed, i think there are couple of questions in application form like this. do you have any criminal record? i am not sure but something like this question.
i never got any prison or jailed, or any other criminal activity/record except overtayed but
on other hand HO never took me to court either for this offence, and i left the UK with my own choice.
what you think how to cover up?
Thanks

Post by **Directive/2004/38/EC** » Fri Nov 18, 2011 4:27 pm

scorpio1 wrote:what you think how to cover up?

Do not try to cover up and do not lie.

Any history you have with UKBA, including past applications, you have to assume is ALL completely available in their files.

Be honest on the application!

Overstaying is not a major problem if you are legitimately married to an EU citizen.

scorpio1 · Post by **scorpio1** » Fri Nov 18, 2011 5:10 pm

ya agree with you, i mean everything is on files.last time i stated 'NO' in criminal record question reason was, HO neither tookme to court nor any jail etc. but might be this is in HO files crime, persoanly i got it as a offence.
thank you for your time and advices from time to time.

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EEA family visa but different circumstances

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