EEA Family permit denied

[Lizzy2003]

Hi

I need some urgent help and I was wondering if somebody can assist me. I am an EEA national (Italian citizenship), and my husband is Argentinean. He applied for a Family permit, which was denied. My questions would be:

1) Can he still enter in the UK as a tourist? He has entered in the UK more than 20 times in the last 10 years for business reasons (staying for around one week each time), but now we do not know if he will have trouble at the border because he applied to this permit.

2) I will enter in the UK as a EEA with my son (also EEA) and we are going to relocate our company in the UK. I could then prove to be self employed or employed. Could I then submit an RC for my husband?

3) Alternatively, how much £££ in a bank account would be enough to be considered self sufficient for the three of us, for a two year period?

Thanks.
Best,

Lizzy

[vinny]

Why was the EEA family permit denied?

[Lizzy2003]

We still do not know the reason.
We have been married for over ten years and none of us have any kind of criminal records or similar, therefore it takes me to believe that we did not provide enough evidence that I am self-employed/self sufficient (in fact we did not provide any evidence since we were not aware of this).

[vinny]

If you have been living in the UK for over 3 months, then you should show that you are a qualified person or have attained PR.

Else, he should not have been refused.

Same requirements for entry under 11(4).

[Obie]

Going by your statement in paragraph 2, it seems you are planning to enter the UK with him, as opposed to having resided in the UK already, in those circumstances, there is no need to show that you are a qualified person.

The refusal may well be incorrect.

[vinny]

Agreed.

Else, he should not have been refused.

Paragraph 2 was a bit unclear.

we are going to relocate our company in the UK

Should it have been: "we are going to relocate our company to the UK"?

[Lizzy2003]

Hi,

Thanks for all the replies.

We did not live in the Uk, we asked for the Family Perkmit to be able to move there.

Question: Now that the Family Permit was denied, can he travell to the UK with his passport normally as he was doing in the past? Will they allow him to enter (although it will be as a tourist) or he's got a chance to be sent back to Argentina?

Thanks.

[Jambo]

Hi,

Thanks for all the replies.

We did not live in the Uk, we asked for the Family Perkmit to be able to move there.

Question: Now that the Family Permit was denied, can he travell to the UK with his passport normally as he was doing in the past? Will they allow him to enter (although it will be as a tourist) or he's got a chance to be sent back to Argentina?

Thanks.

He doesn't need to enter as a tourist. He can still enter as a spouse of EEA national (if travelling with you or joining you). He will need to provide proof similar to what was required for the EEA FP (basically marriage certificate). In fact, as Argentinian, he didn't really had to apply for a EEA FP and could have had the visa given at the border (see Q1 in EEA FAQs - Common Questions - Read before posting - EEA Family Permit).

I suggest you also address the reason for refusal (justified or not) in case the issue would be raised at the border.

[Lizzy2003]

Thank you for your prompt response!

Regards,
Lizzy

[EUsmileWEallsmile]

We still do not know the reason.

Once you know the reason, please post back with it.

The requirements for a family permit are very simple indeed.

[Lizzy2003]

Yes, we will. We are going to the Embassy tomorrow.

Thanks

[vinny]

We still do not know the reason.

The requirements for a family permit are very simple indeed.

Indeed, especially after amendment to 12(1)(b).

(4) In regulation 12, for paragraph (1)(b) substitute—

“(b)the family member will be accompanying the EEA national to the United Kingdom or joining the EEA national there.”.

[Lizzy2003]

Hi,
We received the explanation of the refusal. It basically says that I did not provide evidence of the fact that we live together and that the sponsor supports the application. As a consequence it says "I am satisfied that our are party to a marriage of convenience and therefore not the family member of an EEA national ..."

It also mentions that no supporting documentation was provided to prove that the EEA national is traveling to the UK.

The second part is easier to demonstrate, as I can provide a pirnt of the air tickets, as well as a rent contract for a flat in the uk signed by both of us. For the first part (proving this is not a marriage of convenience), what is usually considered as sufficient prove?

I applied for the same visa again, as the appeal process is much longer and I am traveling to the UK this week, leaving my husband at home waiting for this visa.

Thanks!

[Jambo]

Hi,
We received the explanation of the refusal. It basically says that I did not provide evidence of the fact that we live together and that the sponsor supports the application. As a consequence it says "I am satisfied that our are party to a marriage of convenience and therefore not the family member of an EEA national ..."

It also mentions that no supporting documentation was provided to prove that the EEA national is traveling to the UK.

The second part is easier to demonstrate, as I can provide a pirnt of the air tickets, as well as a rent contract for a flat in the uk signed by both of us. For the first part (proving this is not a marriage of convenience), what is usually considered as sufficient prove?

I applied for the same visa again, as the appeal process is much longer and I am traveling to the UK this week, leaving my husband at home waiting for this visa.

Thanks!

This is just crap. I assume that you have provided a marriage certificate 10 years old? How could they argue that you married 10 years ago for immigration purposes only?

You could mention in the application you have a child together (and attach a copy of his birth certificate and EEA passport). With a child involved, the ECO can't claim that this is a marriage of convenience.

I would write a strong cover letter (by you, the EEA national) to support the application. I will also complain to the visa section manager.

[EUsmileWEallsmile]

Hi,
We received the explanation of the refusal. It basically says that I did not provide evidence of the fact that we live together and that the sponsor supports the application. As a consequence it says "I am satisfied that our are party to a marriage of convenience and therefore not the family member of an EEA national ..."

It also mentions that no supporting documentation was provided to prove that the EEA national is traveling to the UK.

The second part is easier to demonstrate, as I can provide a pirnt of the air tickets, as well as a rent contract for a flat in the uk signed by both of us. For the first part (proving this is not a marriage of convenience), what is usually considered as sufficient prove?

I applied for the same visa again, as the appeal process is much longer and I am traveling to the UK this week, leaving my husband at home waiting for this visa.

Thanks!

Outrageous!

What evidence has the ECO provided to support their supposition that your marriage is one of convenience? This is not a trivial question. If an ECO suspects a marriage of convenience, they must articulate why. This cannot be any old reason, it must be based on factual information.

[Jambo]

email the visa section manager now, complain and ask him to make sure the new application is treated with priority and by a senior ECO.

[Obie]

Well, some people might have been married for 10years, but their marriage is simply nothing more than a piece of paper, saying they are married.

I am not saying this is the case, with the OP, neither am i suggesting that it is a requirement for her to demonstrate they are living together in a subsisting relationship. However it would help, if some factual basis of their relationship is provided, other than just a marriage certificate. Evidence of children in the relationship, family photos, evidence of joint mortgage or tenancy, may well be sufficient to remove any perceived suspicion in the mind of an ECO.

In stating the above, i am mindful of the ECJ judgement in Diatta, and some of the UK's domestic authorities like PM (Turkey).

[EUsmileWEallsmile]

It also mentions that no supporting documentation was provided to prove that the EEA national is traveling to the UK.

The second part is easier to demonstrate, as I can provide a pirnt of the air tickets, as well as a rent contract for a flat in the uk signed by both of us

All that is required is a letter from you stating that he will be accompanying or joining you.

[vinny]

See also Subsisting marriage > Papajorgji (EEA spouse - marriage of convenience) Greece [2012] UKUT 38 (IAC) (06 January 2012).

[Lizzy2003]

Hi all,

We finally got the family permit but only for 6 months and we are already at the UK. Does anybody know what should we do now to start/continue a permit for a longer period?

Thanks
Regards,
Lizzy

[Jambo]

Hi all,

We finally got the family permit but only for 6 months and we are already at the UK. Does anybody know what should we do now to start/continue a permit for a longer period?

Thanks
Regards,
Lizzy

The EEA FP is always just for 6 months. Your partner should now apply for a 5 years Residence Card using form EEA2.

See EEA FAQs - Common Questions - Read before posting - Residence Card.

[EUsmileWEallsmile]

We finally got the family permit.

That's good news. Did you reapply or was there some review?