mjm_jmm

[mjm_jmm]

I have a somewhat similar situation, as follows:

I worked and lived in The Netherland with my Brazilian wife and step children since June 2009. I work for a UK based company but work in foreign positions.

We left The Netherlands about 4 months ago to move (again with my employer) to the USA. Unfortunately, we are not happy here and want to return to the UK. I contacted World Bridge and they said that we could still apply for entry using the EEA permit since we have only just left The Netherlands and not returned to the UK.

Note: We had the EEA permit approved 2 years previously and supplied less evidence than this time.

We applied. My wife received a denial with the following reasons:

Your sponsor failed to provide sufficient evidence that he lived and worked in the EEA member state and that he lived together with you.

Now, this seems ridiculous and I cannot see what other evidence I can provide. We gave them the following documents for each applicant:

Passports
Netherlands residence cards
My passport (as the sponsor), which has a Netherlands resident stamp from 2009
Marriage certificate (from 2009 in the USA)
Mortgage documents for our jointly owned house in The Netherlands
My work contracts for my time in The Netherlands (starting in 2009)
A letter from my employer stating that I worked there from 2009 for over 3 years
Copies of utility bills from our house in The Netherlands (in my name)
Pay statements from my work in The Netherlands
Dutch annual tax statements from The Netherlands
Copies of Dutch bank statements

I fail to see what else I can provide. My only thought is that the Dutch documents were not sent with English translations.

Has anyone else had something similar?
Do you have to submit translations into English? - I think this will cost thousands
Can my family enter as visitors now, until the appeal process is done? We have a trip booked in a few months and Brazilians do not need Visas to enter the UK as visitors.
Are we best to just re-apply or should we complete an appeal - the later costs a lot and takes much longer it seems.

[EUsmileWEallsmile]

Are you British and trying to avail of Singh?

[Directive/2004/38/EC]

The EEA FP should have been issued.

What you need to provide:

Passports
Netherlands residence cards
My passport (as the sponsor), which has a Netherlands resident stamp from 2009
Marriage certificate (from 2009 in the USA)
Pay statements from my work in The Netherlands (FOR 3-6 mon ONLY)
Copies of utility bills from our house in The Netherlands (in my name)

What I would NOT provide:

Mortgage documents for our jointly owned house in The Netherlands
My work contracts for my time in The Netherlands (starting in 2009)
A letter from my employer stating that I worked there from 2009 for over 3 years
Dutch annual tax statements from The Netherlands
Copies of Dutch bank statements

Too much stuff is usually confusing for UKBA. I would also NOT answer questions about you or your wifes assets or how much you or your wife make (though you should mention where you worked in NL), or where you will be moving in the UK.

You also need to provide a cover letter which says roughly:

I am a British citizen who has exercised my treaty rights in the Netherlands by working (work evidence included).

My family was resident in the Netherlands with me (evidence included).

I am returning to the UK and they are coming with me on the basis of EU free movement law.

I am aware that the EEA FP must be issued as soon as possible and on the basis of an accelerated process.

Note that your wife is Brazilian, so you could just get on a plane and fly to the UK.