EEA FP Denial Options

[jimmy_james]

Hello,

I was recently denied for an EEA FP due to not providing sufficient evidence. We have figured out the issue and have plenty of evidence to resolve the situation, however I wazs wondering what options there may be. They have provided some details for an appeal, does anyone know how long that process may be? I was also wondering if it is possible to simply reapply for the EEA FP instead of lodging an appeal?

Thank you for any help!

Jimmy

[Jambo]

You can either appeal (several months), reapply (several weeks) or just show up at the border (if you are non visa national. EEA FP are not mandatory).

[Directive/2004/38/EC]

I was recently denied for an EEA FP due to not providing sufficient evidence. We have figured out the issue and have plenty of evidence to resolve the situation, however I wazs wondering what options there may be. They have provided some details for an appeal, does anyone know how long that process may be? I was also wondering if it is possible to simply reapply for the EEA FP instead of lodging an appeal?

It is impossible for anyone to assess your situation. You need to provide details.

What exactly did UKBA say in refusing the application?

[jimmy_james]

Thank you for the replies.

They said exactly, ''You have submitted your marriage certificate and a photocopy of your spouse's passport data page but no evidence has been submitted from your spouse to confirm this trip. Nor have you provided any satisfactory evidence to confirm you relationship with the EEA national since your relationship began in July 2011. Therefore I am not satisfied that you are in a subsisting relationship with the EEA national and that you qualify for an EEA Family Permit.

In view of your failure to provide satisfactory evidence, I am not satisfied that you are the family member of an EEA national in accordance with Regulation 7 of the Immigration (European Economic Area) Regulations 2006.

I therefore refuse your EEA family permit application because I am not satisfied that you meet all of the requirements of Regulation 12 of the Immigration (European Economic Area) Regulations 2006.''

We now realize that we were working off of a checkilist of documents that did not include the letter from the EEA national. We also did not include much more than what was requested because we were advised that keeping it basic was better. At this point we see where we can add the necessary information and convey the legitimacy of our application.

My main question now is, is it legal or advisable to just reapply as opposed to an appeal? Would I have to wait a certain amount of time? If I were to just show up at the border, what might I have to look forward to? Would the issue me the visa thzn and there?

Thank you again for all of you help.

Jimmy

[EUsmileWEallsmile]

As others have posted, you can appeal or reapply.

A letter from EU national confirming intentions is preferred. It should be simple and just state that you would be travelling together.

There is no requirement for you to prove that your relationship in genuine. If the ECO has genuine grounds for suspicion that your relationship is not genuine, they would be permitted to conduct enquiries. They would have appeared to have jumped to conclusions, perhaps misunderstanding the differences between UK domestic and EU law.

That said, having drawn that inference, it may be prudent for you to refute that suggestion as you see fit.

[Jambo]

Nor have you provided any satisfactory evidence to confirm you relationship with the EEA national since your relationship began in July 2011. Therefore I am not satisfied that you are in a subsisting relationship with the EEA national and that you qualify for an EEA Family Permit.

As said, this is a typical mistake ECO are doing applying UK national immigration requirements on EEA applications. Under EEA regulations, a marriage certificate is enough to prove relationship. There is no need to prove subsisting relationship. If you reapply, I suggest you clearly address this issue in a cover letter.

What is your nationality? Are you a visa national? (require a visa to visit the UK?)

[jimmy_james]

Thank you all again.

I am a US citizen. If I do address this in a new application, would it be best to refer directly to q certain law? Could you possibly point me in the right direction to find such law? Also, if I do reapply, may I do so immediately and disregard the appeal process?

Thank you.

[Directive/2004/38/EC]

What is the citizenship of the Eu citizen? Will you be travelling together to the UK? Why did you apply for the EEA family permit?

[jimmy_james]

She is from Spain and doing post doctorate work in the UK. She is already there so my plan is to join her there because we have married and her work contract will keep her there for the next 2 years. I am actually already in Europe working for an American company, paid in US, coming to the end of my current 90 days allowed.

[Directive/2004/38/EC]

I personally would not bother with an EEA FP if: (1) she is meeting you at the airport and (2) you are carrying your marriage certificate or she will be

Read through http://eumovement.wordpress.com/2010/08 ... to-travel/

[EUsmileWEallsmile]

As long as your EU citizen family member exercises treaty rights in the UK (worker, self-sufficient, student) or plans to within three months, you can be with them. If you do not have a visa, it is possible to enter if you can prove entitlement.