No fees for EEA free movement APPEALS

[Directive/2004/38/EC]

Fees are to be introduced for immigration appeals related to decisions made after 19 December 2011. The fee (£80-£140) does NOT apply to EEA appeals.

But it looks like the appeals process for EEA Family Permits will be more complicated:

It will no longer be possible to lodge appeals with the entry clearance post abroad.

See http://www.freemovement.org.uk/2011/12/ ... ming-soon/

[Punjab]

Thanks Mate

[scorpio1]

Hi all,
might be someone get latetst information on EEA FP resual appeal fee, as far i get idea fee exemption guide (MoJ) say

"5.—(1) No fee is payable for—
(viii)regulation 19(3) of the Immigration (European Economic Area) Regulations 2006(6) (a decision to remove an EEA national or the family member of such a national);”

That means there would be a fee for appeeals against refused EEA FP?
on other hand it should be against EU free movement treaty

any idea?

Thanks

[Directive/2004/38/EC]

There is no fee for appeals of:
(1) refused EEA Family Permits
(2) refused Residence Cards
(3) refused Permanent Residence Cards

[scorpio1]

Thanks Directive,
but where you read, any references ?
MoJ is giving opposite guidelines as you know.

Cheers

[Directive/2004/38/EC]

Hi all,
might be someone get latetst information on EEA FP resual appeal fee, as far i get idea fee exemption guide (MoJ) say

"5.—(1) No fee is payable for—
(viii)regulation 19(3) of the Immigration (European Economic Area) Regulations 2006(6) (a decision to remove an EEA national or the family member of such a national);”

That means there would be a fee for appeeals against refused EEA FP?
on other hand it should be against EU free movement treaty

I think this says that no fee is payable. Not sure which guide you are referring to. Can you post a web link? And maybe also larger extracts which illustrate you question

[Greenie]

Hi all,
might be someone get latetst information on EEA FP resual appeal fee, as far i get idea fee exemption guide (MoJ) say

"5.—(1) No fee is payable for—
(viii)regulation 19(3) of the Immigration (European Economic Area) Regulations 2006(6) (a decision to remove an EEA national or the family member of such a national);”

That means there would be a fee for appeeals against refused EEA FP?
on other hand it should be against EU free movement treaty

I think this says that no fee is payable. Not sure which guide you are referring to. Can you post a web link? And maybe also larger extracts which illustrate you question

I believe what scorpio is referring to is that the MOJ fee exemption guide that you have quoted above above only makes reference to decisons to remove/exclude EEA nationals/family members of such a a national under regulation 19(3)

[scorpio1]

ya i was referring MoJ fee exemption guide, see here http://www.justice.gov.uk/guidance/cour ... /index.htm

[stanik]

it says exempt from fee:
regulation 19(3) of the Immigration (European Economic Area) Regulations 2006(1) (a decision to remove an EEA national or the family member of such a national);

that means other EEA decisions must pay fee!
please confirm

[scorpio1]

I think so EEA refusal have to pay fee other then applied regulation 19(3) of the Immigration (European Economic Area) Regulations 2006(1).

some one can give up to date information if recently refused.
Thanks

[MelC]

has anyone queried this with the EU policy team?

no?

Okay then, that's Monday's task.

I like to see them squirm!

[scorpio1]

Update us as well when you get any reply please.
Thanks

[Obie]

Also see Regulation 5 The First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011 and Regulation 19(3)

[Directive/2004/38/EC]

Also see Regulation 5 The First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011 and Regulation 19(3)

Summary: no fee payable for apple of 19(3) decisions

[scorpio1]

but regulation 19(3) is addressing removal of EEA/family memeer?
so what about eea family permit under regulation 12 or under residence card?

[Obie]

If follow from above, that any EEA decison besides those in regulation 19(3) would incur
an appeal fee.

[MelC]

Update us as well when you get any reply please.
Thanks

i emailed the EOPD this morning, if i dont have a reply by tomorrow i will ask my buddy to give them a prod!

full intention for it to be for the forum information.

[MelC]

If follow from above, that any EEA decison besides those in regulation 19(3) would incur
an appeal fee.

this is what i put to the EOPD, if its not explicitly included, by analogy its explicitly excluded?

a phrase they used to me previously lol

[scorpio1]

confirmd, there is need to pay fee if you refuse for eea family permit.

[Directive/2004/38/EC]

confirmd, there is need to pay fee if you refuse for eea family permit.

This raises an interesting point. The visa (in this case the EEA Family Permit) is required to be issued for no fee.

(4) An EEA family permit issued under this regulation shall be issued free of charge

So imagine UKBA does something very stupid and against the law. So you need to appeal and have to pay for that. If the appeal is sucessful then they will (eventually) issue the visa, but they will have charged you a fee.

I think there is a lot of ground to ask, as part of your appeal, that UKBA be required to repay you if the appeal is sucessful.

[gugu6]

no fees for appeal, my appeal accepted and i paid nothing for eea4

[Obie]

That is great.

I believe the appeal fee for all other applications besides those resulting from regulation 19(3) can be challenged on the basis that it is not in accordance with the law.

If the directive provides for judicial redress without any conditi oons.

If people have to pay for this redress, then it cease to be unconditional and becomes subject to financial means.

This could result in detterance to treaty right. In event of wrongful refusal of a union citizen or family, those people will be unable to assert their rights, if they cannot afford the fees.

[LeelooD]

Need to pay fee for EEA Familiy Member who applied as dependent.

A2 National applied with BR1 for dependent on sister, got refusal letter, appeal done with IAFT-1 ==> HM Courts & Tribunals Service asked for payment .

Better to submit new application with new details...for free.

[scorpio1]

update: there is fee apply to eea family permit too, i appealed and tribunal took money from account.

[rachel29]

Exemption from fees
(5) Where by any convention, treaty or other instrument entered into by Her Majesty with any foreign power it is provided that no fee is required to be paid in respect of any proceedings, the fees specified in this Order are not payable in respect of those proceedings. [url]http://www.legislation.gov.uk/ukdsi/201 ... /article/5[/url]