Refusals for EEA family permit

[Ben]

Due to the economic conditions some new regulations are put into place so as to reduce the burden on the budgetary deficits.

I haven't read much into it but I guess now you actually need a proof of employment before sponsoring your family. Something like a employment offer letter or a contract proving that you can sustain financially with your family in the UK.

Following is a link with the related information :

http://www.migrationexpert.co.uk/visa/u ... tion_rules

That is unrelated to the EEA regs.

[Jambo]

Due to the economic conditions some new regulations are put into place so as to reduce the burden on the budgetary deficits.

I haven't read much into it but I guess now you actually need a proof of employment before sponsoring your family. Something like a employment offer letter or a contract proving that you can sustain financially with your family in the UK.

Following is a link with the related information :

http://www.migrationexpert.co.uk/visa/u ... tion_rules

I hope you are not trying to promote that particular company as the number of mistakes I spotted on their EEA page even overtake the number of mistakes the ECO made.

[shafiqissani]

@Jambo *pointing finger towards google*


@all
After reading through the all posts and most links in this thread I have just one question to ask ...

Q) Does the EEA national need proof of employment with minimum income of 18600 gbp to apply for the family permit, when not residing or having ever visited UK.

[Jambo]

Q) Does the EEA national need proof of employment with minimum income of 18600 gbp to apply for the family permit, when not residing or having ever visited UK.

No. As you were told before, this is not relevant to applications under EEA regulations.

If the EEA national is not living in the UK, he doesn't need to prove anything other than that he is a EEA national. His family members just need to show that they are his family members. C'est tout.

Even if the EEA is living is the UK, there is no minimum of salary/saving required as long as he can show he doesn't rely on benefits / the employment is genuine.

[prince1475]

Thanks Jambo applied from Bangalore,I have checked the processing time it say 100% application in 10 days. I just notice the dates of application of Donald I think he got both his refusals in 15 to 16 working days but don't know from which vfs he applied.

[keffers]

as long as he can show he doesn't rely on benefits

And how would that be achieved? Is there a requirement to obtain a statement from the DWP stating that no benefits are being claimed?

[Jambo]

as long as he can show he doesn't rely on benefits

And how would that be achieved? Is there a requirement to obtain a statement from the DWP stating that no benefits are being claimed?

No. There is no such requirement.

Some benefits are allowed to be claimed. You are not allowed to rely on benefits. Each case is assessed differently by the HO and there is no minimum salary to meet. If you own your house, single and live in Wales you will need less earnings than if you rent a house, have 6 children and live in Central London.

[keffers]

Do you have any practical examples under EEA Immigration rules where a figure has been established in order to make an assessment that a family would not need to rely on benefits?

[Jambo]

Do you have any practical examples under EEA Immigration rules where a figure has been established in order to make an assessment that a family would not need to rely on benefits?

Sure.

Robin Van Persie, a Dutch national lives in London with his wife and 2 children. He works in London and earn £90,000 a week. His family doesn't need to rely on benefits.

As I said, each case is assessed individually. There is no much point of giving examples. If you have a specific concern, you can share it and people can comment.

[EUsmileWEallsmile]

Thanks Jambo applied from Bangalore,I have checked the processing time it say 100% application in 10 days. I just notice the dates of application of Donald I think he got both his refusals in 15 to 16 working days but don't know from which vfs he applied.

It doesn't matter about anyone else's application, yours is the most important to you. If your visa is not being dealt with as a priority, complain. UKBA are capable of issuing express service to those who pay a hefty fee (and satisfy certain conditions). The point is that these are given real priority.

The law says that priority must be given to EEA family permits "An EEA family permit issued under this regulation shall be issued free of charge and as soon as possible.". Don't be meek, complain.

[EUsmileWEallsmile]

Do you have any practical examples under EEA Immigration rules where a figure has been established in order to make an assessment that a family would not need to rely on benefits?

The relevant case law for workers is that the employment is genuine and effective.

[keffers]

Do you have any practical examples under EEA Immigration rules where a figure has been established in order to make an assessment that a family would not need to rely on benefits?

Sure.

Robin Van Persie, a Dutch national lives in London with his wife and 2 children. He works in London and earn £90,000 a week. His family doesn't need to rely on benefits.

As I said, each case is assessed individually. There is no much point of giving examples. If you have a specific concern, you can share it and people can comment.

I did ask where a figure has been established ie in a tribunal or other ruling on which you base your assertion.

[keffers]

Do you have any practical examples under EEA Immigration rules where a figure has been established in order to make an assessment that a family would not need to rely on benefits?

The relevant case law for workers is that the employment is genuine and effective.

And the meaning of effective?

The ability to pay rent and food etc?

[EUsmileWEallsmile]

And the meaning of effective?

The ability to pay rent and food etc?

There is jurisprudence on this matter and hence the phrase "genuine and effective". If you are interested, look it up yourself. This has nothing to do with the OP's problem.

If you have questions or doubts about your own situation, why not start a new thread?

[keffers]

Have checked and the phrase 'genuine and effective' has nothing to do with whether money earned is enough to pay one's way without the help of benefits.

The threshold which satisfies the above for the purposes of qualifying as a worker and not a jobseeker is extremely low.

Thanks.

[Obie]

Also see Barry

[keffers]

Thank you for that. Excellent case law.

[mcovet]

it's very good that judges have their own interpretation of the law, separate from the individuals with their own individual take on immigration, but then again, law and reality are so distinct and sadly impossible to bring closer to each other due to the law being grey and susceptible to different interpretations, dependent on each person's mood on a particular day/views in general etc.

Those judges are sooo kindly liberal, loving this. The local govt tries to limit access to benefits to foreigners and the judges are like, c'mon it's a big country, we can fit many more, this one's alright, nothing wrong with working for 2 weeks at Wimbledon, he's a PROPA worker, innit.

[donald_f]

My options
1. Reapply and wait for the outcome of the ECO (In India this could take at least 3 months)
2. File an Appeal and again a wait for 2-3 months or more
3. Book a ticket, arrive the UK border and prove to the Immigration Officer my relationship with the EU nationals
http://eumovement.wordpress.com/2010/08 ... to-travel/
How far is this option viable ?
Can someone please advise me on this option.

[Directive/2004/38/EC]

Travelling is not an option. The Indian citizens will never make it onto the plane.

Reapplying with a very simple cover letter is the best option.

[Jambo]

I agree.

Also why do you say it will take at least 3 months? You manage to recieve decisions for two applications in less than 2 months. A new application should not take longer (on the contrary, I would expect it to be handled with priority due to the mishandling so far).

[donald_f]

While interacting with VFS staff. they did mention a refusal is very quick, where as a settlement takes about 2-3 months.
I have been tracking this thread
http://www.immigrationboards.com/viewto ... 7e5a6d3c70

[Jambo]

While interacting with VFS staff. they did mention a refusal is very quick, where as a settlement takes about 2-3 months.
I have been tracking this thread
http://www.immigrationboards.com/viewto ... 7e5a6d3c70

This makes sense as it takes about 2-3 months to print the visa with a magic ink...

Luckily, you don't apply for settlement visa but for EEA Family Permit. See Visa processing times. It is normally dealt within 2-3 weeks (a bit longer in Delhi and Mumbai).

EEA Family Permit should be given priority and issued as soon as possible. That's the law.

[donald_f]

Hello,
I am bit tensed by reading the refusal letter,it's really a unfair decision.
My wife applied for EEA FAMILY PERMIT from India, it's almost 20 working days,still application is under process i am tensed coz ECO may refuse by giving silly reason you never know this ECO'S if they can refuse Mr. Donald application according to wrong EEA Regulation than they can do anything what ever comes to their mind and may be depends on their mood. I know they had refused my friends application giving reason that biodata page of passport has not been submitted actually he have submitted his passport copy that to a certified copy anyway I complained asking them why it's getting delay got a reply from visa casework team saying that it's under process than I replied saying that how long will it take and why so delay as it is a EEA FAMILY PERMIT and according to EUN 02 priority must be given to EEA application but did not get any reply than after two days again I email them still didn't get any reply from them.
As Eusmile saying that to complain to visa manager, how can I get visa manager email ID I search through BHC India website I didn't find any email ID there is one email ID for enquiry of visa there is one more of Consular but it says no visa enquiry please Eusmile if u or anyone have visa manager email ID than please post it.I want to complain to visa manager regarding delay in decision taking. Thanks

By any chance have you come across visa manager email ID

[Jambo]

Hello,
I am bit tensed by reading the refusal letter,it's really a unfair decision.
My wife applied for EEA FAMILY PERMIT from India, it's almost 20 working days,still application is under process i am tensed coz ECO may refuse by giving silly reason you never know this ECO'S if they can refuse Mr. Donald application according to wrong EEA Regulation than they can do anything what ever comes to their mind and may be depends on their mood. I know they had refused my friends application giving reason that biodata page of passport has not been submitted actually he have submitted his passport copy that to a certified copy anyway I complained asking them why it's getting delay got a reply from visa casework team saying that it's under process than I replied saying that how long will it take and why so delay as it is a EEA FAMILY PERMIT and according to EUN 02 priority must be given to EEA application but did not get any reply than after two days again I email them still didn't get any reply from them.
As Eusmile saying that to complain to visa manager, how can I get visa manager email ID I search through BHC India website I didn't find any email ID there is one email ID for enquiry of visa there is one more of Consular but it says no visa enquiry please Eusmile if u or anyone have visa manager email ID than please post it.I want to complain to visa manager regarding delay in decision taking. Thanks

By any chance have you come across visa manager email ID

See my response - here. Address the email to the Operations Manager.