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EEA family permit refusals
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Avoiding EEA Family Permit Refusals

In Part 1, of our series on EEA applications we looked at the application process, and documents required to apply for an EEA family permitHere, in the second part of our series, we look at EEA family permit refusals, focusing on the top 3 reasons for refusals and how to avoid them.

Background

EEA family permits are issued under the Immigration (European Economic Area) Regulations 2016 but has seen little change from Regulations 2006. The issue of the permits do not fall under UK Immigration Rules.

The purpose of the family permit is to allow overseas nationals, from outside of the European Economic Area (EEA), (or non-EEA nationals) to enter the United Kingdom (UK) and join their family member, as long as they are the:

  • Family member of an EEA national, or
  • Extended family member of an EEA national

There is no application fee and the process is not as onerous as compared to, say, applying for a UK spouse visa under the Immigration Rules. So what could possibly go wrong? Let’s explore…

Context

According to the Home Office’s National Immigration Statistics for October to December 2016 ,  30,302 EEA family permits were issued overseas in 2015. The number of EEA family permits issued rose by almost 10% in 2016 to 33,118.

Extracting details of the number of successful applications and the rate of refusals is difficult and UK Visas and Immigration (UKVI), the body responsible for processing applications, is often unwilling to provide such specific data. Much of the data tends to include other types of applications and categories.

Yet, from direct experience, UKVI was well known for inappropriately refusing EEA family permits and using an inconsistent approach when considering applications. When presenting cases in the immigration Tribunal on behalf of the Secretary of State, it was, unfortunately, not usual for applicants to successfully lodge an appeal against an adverse decision of an Entry Clearance Officer or in a few instances, to withdraw a UKVI decision because it was poorly argued.

Nowadays, the decision making has improved but the European Commission noted that non-EEA family members are still being denied family permits by UKVI on invalid grounds, or without a justified reason.

In fact, the European Commission stated:

Only in the UK is it possible to state that the number of refusals of entry or residence, as well as expulsions of EU citizens, is steadily on the rise

It went on to say:

National authorities indicate that this is the result of concerted efforts to refuse entry or to expel EU citizens convicted of a criminal offence, as well as EU citizens who do not meet the conditions attached to extended residence rights under Article 7 of the Directive. This indicates the UK’s willingness to publicly demonstrate that it is addressing popular concerns such as criminality and immigration, including the immigration of EU citizens

It’s hard to disagree with this. There are times when, the way in which non-EEA family members visa applications are handled appear to support the Commission’s assertions that barriers are deliberately being placed.

For instance, it is not uncommon for non-EEA family members to be asked to produce excessive levels of documentation  so as to secure their permit and still experience delays of sometimes 12 weeks and beyond.

Similarly, it is difficult to assess the main reasons invoked by UKVI for refusing to grant non-EEA family members entry to the UK. Yet from past UKVI experience, research and information from clients looking for assistance after a refusal, the top 5 reasons for EEA family permits can be seen as follows…

Tops reasons for EEA family permit refusals

3. The applicant does not provide any (or adequate) evidence to support their claim to be the direct family member of an EEA national

Direct family members of EEA nationals are set out in Part 7 of the EEA Regulations as:

  • Spouses or civil partners
  • Direct descendants of the EEA national or their spouse/ civil partner under 21
  • Dependent direct descendants of the EEA national or their spouse/ civil partner 21 and over
  • Dependent direct relatives in the ascending line, for example parents and grandparents of the EEA national or their spouse / civil partner

The above members are viewed as the core of the EEA national’s family.

When assessing the application, it is important for documentary evidence is provided to UKVI to show the relationship between the non-EEA family member and the EEA national.

The type of documentary evidence needed will depend on the nature of the relationship. As a guide, such documents can include:

  • An original marriage certificate supported by a certified translation, if appropriate
  • An original civil partnership certificate supported by a certified translation, if appropriate
  • A divorce certificate or a death certificate where there the EEA national or non-EEA national was previously married
  • Original birth certificates naming the EEA national as one of the parents of the non-EEA child
  • Original birth certificates naming the EEA national as the child of the non-EEA parent

2. The EEA national is not a qualified person because there is no evidence of Treaty rights being exercised

The purpose of the EEA family permit is to join or travel with the EEA national to the UK. To clarify, the EEA national must either:

  • Be in the UK already
  • Plan on travelling with you to the UK within 6 months of the date of your application

If the EEA national has been in the UK for more than 3 months they must either:

  • Be a ‘qualified person’ who is exercising their ‘Treaty’ right by working, looking for work, self-employed, studying or self-sufficient); or
  • Have a permanent right of residence in the UK

Where UKVI is not satisfied of the above, you can expect to receive an EEA family permit refusal with the following wording:

You have failed to provide evidence that your EEA national family member is a qualified person in accordance with Regulation 6 of the Immigration (European Economic Area) Regulations 2006. I am, therefore, not satisfied that your EEA national family member is residing in the UK in accordance with the Immigration (European Economic Area) Regulations 2006.

To avoid this, it is important to evidence the EEA national’s permanent residence status, by way of an EEA permanent residence status , or show they are exercising their ‘Treaty rights’ by submitting original, stamped or certified documents appropriate to their circumstances – see our previous article for more details.

If the EEA national does not have a permanent residence status, some examples of recommended documents of exercising Treaty rights may include:

  • Employment – an employment contract, payslips or a letter from an employer
  • Self-employed – Service contracts, customer invoices or audited accounts with bank statements
  • Studying – A letter from the UK school, college or university
  • Financially self-sufficient – bank statements

EEA nationals that are financially self-sufficient or studying in the UK must have comprehensive medical insurance to be a ‘qualified person’ and it is recommended that evidence of insurance be submitted to UKVI.

1. The applicant is a party to a marriage of convenience

UKVI defines a marriage of convenience as an ‘abuse of the right to reside’. Unsurprisingly, where UKVI suspect that the marriage or civil partnership between the EEA national and non-EEA national was entered into to circumvent the UK immigration rules, the UKVI will issue a refusal with the following wording:

The definition of ‘spouse’ in the Immigration (European Economic Area) Regulations 2006 does not include a party to a marriage of convenience. I am satisfied that you are party to a marriage of convenience and are therefore not the family member of an EEA national in accordance with Regulation 7 of the Immigration (European Economic Area) Regulations 2006.

One of my previous clients, a US national, was absolutely devastated to receive a letter from UKVI informing her that her recent marriage to a French national was a sham.

The client had followed the online guidance and submitted her original marriage certificate.  UKVI’s guidance makes it clear that a valid marriage certificate is sufficient to prove a family relationship. In fact, where UKVI suspects that the marriage is one of inconvenience, the burden of proof falls on UKVI to support their assertion by testing their suspicions.  This is supported by case law.

Despite this guidance, UKVI did not ask the client to provide additional information about the relationship. Nor had the client or her spouse been invited to an interview. Unfortunately, the client’s time frame for lodging an appeal had lapsed and so the decision to refuse the application for this reason could not be challenged.

She contacted me for the first time to assist her with a new application for an EEA family permit.  By now, she had been married for 6 months.

To help the client increase her chances of success in securing an EEA family permit, she was advised to gather as many documents that she had that related to her relationship with her spouse. The purpose of this exercise was to show UKVI that despite the couple’s marriage of 6 months, the couple had been in a genuine relationship for over 2 years.

The following documents were submitted:

  • Records of past communications between the couple such as Skype and WhatsApp messages
  • Travel tickets of holidays taken together
  • Photographs

Suffice to say, the client’s application was successful this time around.

Conclusion

Have you or someone you know received a recent refusal? What were the reasons given and what advice would you give to others?

Join us for part 3 in our series on EEA residence and family permits, where we will outline what happens once a non-EEA family member travels to the UK on a EEA family permit.

Written by Carla Thomas – Managing Director at Thomas Chase immigration. Thomas Chase Immigration offer immigration solutions to businesses, individuals and families by looking at the bigger picture.

Call to action

If you would like further guidance or assistance with an application for an EEA family permit, contact us at Thomas Chase Immigration to arrange a consultation. Or learn more about immigration from our blogs.

 

You may also like:

EEA permit applications and processing times

Permanent Residence to British citizenship: Is it worth the hassle?

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Join the discussion

  1. Anna

    Hello!

    I am a EEA citizen living and working full time in the UK for 2 years by now, and my husband is a non-EEA citizen.
    We applied for the EEA family permit visa and have just got a refusal letter on the ground that «You have failed to provide evidence that your EEA national family member is a qualified person in accordance with Regulation 6 of the Immigration (European Economic Area) Regulations 2006».

    I had enclosed the employment contract and payslips, but the officer said the bank statements were missing so they can’t consider my employment as genuine.

    What is the best practice in this case, to appeal (as we are given this right in the refusal letter) or to apply for the permit again and enclose the missing documents?
    How long could it take to wait for the appeal decision?

    Thank you!

    Kind regards,
    Anna

    • C. Thomas

      Hello Anna,

      We cannot provide specific advice as we are not instructed and therefore do not have all the required information to discuss or determine suitable options.

      In general, if you are of the view that the decision is incorrect based on the information and evidence provided, you may wish to challenge the decision.

      If, on reflection, you are of the view that the decision is correct, and that the application could have been strengthened, it may be prudent to submit a new application, this time providing stronger evidence.

      We would be happy to arrange a 30 minutes’ telephone consultation to discuss your EEA family permit application.

      Feel free to contact us at [email protected] arrange a consultation.

  2. James

    Thanks for this great blog.

    What if an EEA member and their non-EEA spouse are expecting a child soon. Does it matter if an EEA family permit application is submitted before or after birth of child?

    Thanks
    James

    • C. Thomas

      Thank you James! Glad you liked the blog!

      It depends on when the family travel to the UK and the nationality of the child.

      If the application is submitted, approved and the EEA national and their non-EEA spouse arrive to the UK prior to the birth of the child, this will not pose any issues.

      If the child arrives afterwards and is a non-EEA national, the Immigration Officer may grant the child entry to the UK, though it may be prudent to apply for an EEA family permit so that the child can evidence their right to access services and health services in the UK.

      Do note, we are only able to provide general guidance in this forum. If you would like details guidance, please feel free to contact us at [email protected] to arrange a consultation.

  3. Natasha Giles

    We received a refusal for my Brother even though they admit he is dependent on me. The reason “they did not deem it appropriate”
    My question is, what constitutes appropriate, it seems very subjective and i cant find any guidelines on what they would look for

    • C. Thomas

      It is not uncommon for an Entry Clearance Officer to refuse to issue the permit because it not appropriate, all the circumstances. This may be the case despite the Officer agreeing that the applicant is, for instance, an extended family member.

      It may be prudent to seek guidance on your brother’s individual circumstances so assess the most suitable way forward.

      Feel free to contact us at [email protected] to arrange a telephone consultation.

  4. laarnie brand

    hello i would like to ask some info regarding my status. i will be 5 years here in uk on jan. 2019 next year. sis my question if in will apply for ilr beforw my visa expired or i will wait till i reached 5 years here or more then I apply for PR or permanent residency that cost 65£ only?. because my friend said for the new updates in Home office.https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/672960/Form-EEA-PR-guidance-notes-v3.pdf regarding this guidance. can please clarify this to me as i need second thoughts thanks you so much.

    • C. Thomas

      Hello Laarnie,

      Unfortunately, we cannot provide specific advice as we are not instructed and therefore do not have all the required information.

      We would be happy to arrange a 30 minutes’ telephone consultation to discuss your specific circumstances and address any questions you may have.

      If that sounds like something you would be interested in, feel free to email us at [email protected].

  5. Natasha Giles

    I am in the process of applying for my Son, Mom’s and Brothers EEA permits as i have been transferred to the UK for work. I am a Portuguese National and my family all have South African passports. They are all dependent on me, my son is a minor and my Mom and Brother(19) have been unable to find work. They live in the property i rent and depend on me for all living expenses.
    I have affidavits from Family friends and the landlord confirming they live with me. All our family live in the UK so there is no one left here that they could live with. My Son is a minor and his Father is deceased so i am his only guardian
    I know the UK Gov website states that if your extended family are part of your household they qualify for this permit, but im still nervous about the application being rejected. Do you have any suggestions on documents i should attach along with the application? .

    • C. Thomas

      Unfortunately, we cannot provide specific advice here.

      However, a list of recommended documents can be found here: https://www.gov.uk/family-permit/documents-you-must-provide

      If you would like immigration advice related to your and your family’s particular circumstances, please feel free to contact us separately too arrange a telephone consultation.

  6. Ibrahim

    Your blog has been really helpful.

    I am married to an EU for some weeks. She is about 4 months pregnant already. I just completed my masters studies and we wish to move to the Uk to search for job, she applied to jobs and got several offers already but My friend was of the view that the marriage is too early for my application. However , I cannot leave my wife to go alone due to the pregnancy.

    My question
    Is the pregnancy result enough evidence to back the application that we are truely married and is it adviceable to allow her go, then apply for visiting visa to join her.

    Thank you.

    • C. Thomas

      Thank you for your comments!

      We cannot give you specific advice. What we can say, is that every case is decided based on the individual circumstances. The Home Office will look to assess whether all of the requirements are met, and that the relationship and marriage is genuine and subsisting based on the evidence submitted (regardless of when the marriage took place).

      Hope that helps. And if you would like to arrange a telephone consultation to discuss your specific circumstances, please feel free to drop us a line at [email protected]

  7. Marta

    Dear C. Thomas,

    I wonder what is best: appeal refusal of EEA family permit or apply again? we got everything required.

    Best Regards,

    Marta

    • C. Thomas

      Hello Marta,

      Much will depend on your circumstances and the application submitted.

      If the application was refused and it is incorrect, challenging the decision may be appropriate.

      If the decision to refuse was correct because the EU regulations were not met or the required documents were not submitted, for instance, if may be sensible to submit a new application.

      Your specific circumstances and options can be discussed over a pre-arranged telephone consultation.

      Hope that helps.

  8. Eva

    Hello,

    Just wanted to share our story of EEA Family Permit refusal for others to learn from.

    So I am a non-EEA partner of an Hungarian national. I have the UK Residence Card valid for 5 years. So this is not about me but rather about my immediate family. I applied for EEA Family permit on behalf of my minor child and my parents so that they could come to UK for a holiday. The plan was that I would apply for a Residence Card for my minor child subsequently whereas my parents would leave after 2 months stay.

    So I came to my home country for holiday and to complete the application process. Submitted all possible documents along with the application that I had read about. Still all 3 applications got rejected. The reason given was that “the ECO was not convinced that we had submitted any document evidencing my relationship with my daughter and with my parents”. This is ridiculous as Indian passports have parents names endorsed on it unlike British / EU passports. So my daughter’s passport had my name on it and my passport (a copy of which was submitted along with my parent’s application) has my parents’ names on it. I also included a Certified Divorce Decree copy which clearly states that I have full and final physical custody of my daughter. The marriage certificate has my father’s name on it. But apparently this is not enough.

    So we have been asked to submit original birth certificates as evidence of our relationship. I am reapplying and this time will include the birth certificate but for all others, let this be a warning as to how obtuse the ECO are willing to be just to be able to refuse entry permit. It doesn’t matter that our holiday plans are ruined because of this… as we are gonna lose another 4 weeks waiting for the stupid visa, that we had to incur substantial financial losses as I had booked tickets for all 4 of us 6 months in advance and had to cancel all the tickets (even my parents’ return tickets) and my parents can’t come with me this time as my original birth certificate is in the UK. So there is no way we can submit the same now.

    So much hassle just because UKVI don’t want to acknowledge the parents’ name endorsed on the passports anyway.

    • C. Thomas

      Thanks for sharing Eva.

      Sadly, not an uncommon story!

      UKVI often require strong documentary evidence in support of the relationship between family members and their children.

      This is not necessarily a problem for applicants and their sponsors. The problem is that UKVI have not clearly set out which documents they will and will not accept in EEA family permit applications, thereby causing families to unwittingly waste time and money.

      Here’s hoping the application goes smoothly this time!

  9. Li

    Hi

    I wish to accompany my husband who is EU National to the UK to visit our children who are both settled there. I am non EU National holding a Permanent residency card issued in the EU country we live for nearly 30 years now. I am married to my husband since 1992. Do I need to apply for EEA fP? If yes, what documents do I need to provide?

    Many thanks in advance

    • C. Thomas

      Hi Li,

      I’m afraid we cannot provide specific advice as we are not instructed by you and do not have all the required information. Specific questions can only be answered by way of a telephone consultation.

      However, more generally, non-EEA family members will not require an EEA family permit if they are in possession of an Article 10 residence card. Such cards are issued under certain circumstances.

      In all other cases, it may be prudent to apply for an EEA family permit.

      Guidance on documents can be found at the following link: https://www.gov.uk/family-permit/documents-you-must-provide

  10. Fiona

    Hello!

    We have been living together for 1 and a half years – how long before the two year point can we apply for a EEA permit?

    • C. Thomas

      Hi – Home Office guidance states that unmarried partners must have lived together for at least 2 years.

      Cases are decided on a case-by-case basis.

      If you would like to discuss further, contact us via email at [email protected] to arrange a consultation.

  11. Inna

    Hi C. Thomas,

    I am Ukrainian, my husband is Irish, I applied EEA FP visa and got refused based on their ignorance of law, Officer wrote: “You have applied for an EEA family permit to accompany (name EEA spouse) in to the UK as the spouse of an EEA national. I have considered your application under regulation 8(2) of the Immigration (EEA) Regulations 2016. ”
    Officer is not entitled to consider my application under Regulation 8(2), it is about “extended family member”. Spouse is not “extended family member”. Spouse is “family member” according with Regulation 7(1)(a) of the Immigration (EEA) Regulations 2016. I am spouse and therefore I am family member of a citizen of the EU. My marriage certificate is attached with my visa application.

    The officer has no clear knowledge of the difference between the concepts “family member” and “extended family member”. Wrong interpretation of my status is basis of refusal.
    In the next point of refusal officer made a false statement. Or perhaps hasn’t read my application at all.

    This is my 5th application for EEA FP, I already have 4 visas EEA FP in last 3years

    Is it unprofessional behavior of entry clearance officer? Can I complain or appeal? Or apply again? I do not know what can I do.

    Thanks.

    • C. Thomas

      Hi,

      I’m afraid we cannot provide specific advice as we are not instructed by you and do not have all the required information. Specific questions can only be answered by way of a telephone consultation.

      In general, if the reasons for refusal are incorrect because you had submitted the correct documentation in support of your application, and/or the officer appeared to misunderstand the Regulations, there may be merits to challenging the decision.

      Alternatively, it is possible to apply for an administrative review of the decision, where you are unhappy with the decision. See here for details – https://www.gov.uk/government/organisations/uk-visas-and-immigration/about/complaints-procedure.

      If there is some merit in the reasons given for refusing the application, it may be appropriate to submit a new application, ensuring that the points raised are addressed.
      Nevertheless, a consultation may prove helpful given the number of refusals you have received and the frustrations that you are likely experiencing.

    • C. Thomas

      Hi,

      I’m afraid we cannot provide specific advice as we are not instructed by you and do not have all the required information. Specific questions can only be answered by way of a telephone consultation.

      In general, if the reasons for refusal are incorrect because you had submitted the correct documentation in support of your application, and/or the officer appeared to misunderstand the Regulations, there may be merits to challenging the decision.

      Alternatively, it is possible to apply for an administrative review of the decision, where you are unhappy with the decision. See here for details – https://www.gov.uk/government/organisations/uk-visas-and-immigration/about/complaints-procedure.

      If there is some merit in the reasons given for refusing the application, it may be appropriate to submit a new application, ensuring that the points raised are addressed.
      Nevertheless, a consultation may prove helpful given the number of refusals you have received and the frustrations that you are likely experiencing.

  12. Reena

    Hi.

    My son wants to apply for an eea family permit. He has a Pakistani passport and I his father have an Italian passport. He is living in Italy and we want to go to the uk.

    He is 28years old and not dependent on me. He works in Italy with a good salary. I am unemployed. He is on my Italian sojiourrno card. Will he be granted an eea family permit visa?

    He has already been refused twice as non dependent, but we are applying again as he is now named on my Italian sojiourrno card. Will that help?

    • C. Thomas

      Hi Reena,

      We cannot provide specific advice as we are not instructed by you and do not have all the required information. Specific questions can only be answered by way of a telephone consultation.

      As a guide, the applicant should address the concerns raised by UKVI in the refusal letter(s) before a new application is submitted.

      UKVI guidance can be found here: https://www.gov.uk/family-permit/eligibility

      The guidance states that family members, such as children, will be eligible for an EEA family permit providing they are 21 years of age and younger and meet the wider requirements.

      Where the EEA national’s child is over 21 years of age, UKVI will normally expect evidence of dependency.

  13. Sherene

    Good day,
    My husbands EEA permit was approved as I am an Italian citizen. However, my surname is spelt incorrectly on his visa. Will this be a problem, would you advise we have this rectified. I hope its an easy process to fix it!!

    • C. Thomas

      Hi Sherene,

      Incorrect spellings on the visa vignette can impact upon the visa holder at a later date.

      It is possible to correct the visa by contacting UKVI’s International Team in Sheffield, regardless whether your husband has already travelled to the UK or is still in the location of application.

      UKVI International Team will aim to resolve the error within approximately 5 working days, and can be contacted via the following email address: [email protected]

      Details of the applicant, the error and a scan of the visa should be provided.

      Alternatively, the visa application centre, where the application was submitted, may do so on your husband’s behalf.

      All the best.

  14. Mechele

    Hi, we have submitted everything required for an eea family permit but we’re worried as my name is spelt (Michele) instead of Mechele on my payslips and my contract. My husband’s name is spelt wrong by 1 letter on the certified marriage certificate translation. Is this going to be a problem? We didn’t notice the mistakes until a few days before our apptmnt and just wanted to GO FOR IT! Any advice you can give?

    • C. Thomas

      Hi there!

      If UK Visas and Immigration can determine the correct spelling from the documents provided, this should be fine.

      If not, it may be advisable to contact UKVI via their email system and update them of the error.

  15. Maria Gabriela

    Hi!

    I’ve come across your website and I’ve been reading your publications and advise. I’ve a similar case of a EEA Family Permit refusal because there wasn’t enough proof of my relationship with my husband. We were thinking about doing the appeal but I’ve been reading online that is better to just apply again for the family permit.

    Do you suggest that? the claim is that the appeals always take a lot of more time than simply reapplying for the permit.

    I really look forward to your reply. Thank you so much!

    Maria Gabriela.

    • C. Thomas

      Hi Maria,

      Sorry to hear of the refusal.

      As a rule, incorrect Home Office decisions should be challenged by way of an appeal, where there is a right of appeal.

      There are instances where the Home Office decision to refuse an application is correct. That may be because sufficient documentation was not provided to meet the requirements or regulations.

      If so, it may be beneficial to make a new application, this time ensuring that the concerns raised by the Home Office are properly and adequately addressed.

  16. Dragomir Rebeca

    Hi!

    I study in UK and i also have a part time job. Does my husband have to provide proof of medical insurance too?

    Thank you!

    • C. Thomas

      In general, it can be difficult for an overseas non-EEA family member to secure the required insurance.

      However, family members of an EEA national student will require comprehensive sickness insurance when applying for a UK residence card from within the UK.

  17. cris

    My wife is romanian she get job in UK and she will start work there in janury , i have being in romania since 3 years , and after my wife will go to uk i want to apply for visa EEA permit , do i need to wait till cross 3 month or i can apply befor i mean what is better , also what documents i need to send it to them for EEA permit , i hope to help me sir and thank you

    • C. Thomas

      Hi Cris,

      Non-EEA national family members may accompany their spouse to the UK. Alternatively, the non-EEA family member may join their EEA spouse, in the UK, at a later, once the EEA national has exercised their Treaty rights in the UK for at least 3 months.

      The documents to be provided will depend on the individual circumstances, though there are some basic documents that the Entry Clearance Officer would expect to see: https://www.gov.uk/family-permit/documents-you-must-provide

  18. Ciana

    Dear Sir / Ma’am,

    I’m a non EU national and my husband is a Portuguese national..

    I had applied for a EEA family permit, but it has been refused stating that no evidence of my marriage has been submitted.. However, i had submitted my Marriage certificate along with the other supporting documents..

    I have submitted an appeal (before 28 days) for the same online on 28/11/17 along with the supporting documents..

    We need your guidance for the following:

    1. Is there any way we can check the status of the appeal?
    2. How long does it take to take a decision on the appeal?
    3. Can I apply for a visit visa before getting a decision of the appeal so that I can travel along with my husband next month?

    • C. Thomas

      Hi Ciana,

      You raise a number of issues which may be better addressed by way of a consultation with a qualified OISC immigration adviser.

      This is because, without a clear understanding of the ECO’s decision, it is difficult to assess the best course of action.

      Generally speaking, in such circumstances, there may be merits for challenging the decision.

      If there are any other reasons for the refusal, which were not addressed in the initial application, then it may assist with your wider aims to submit a new application for an EEA family permit.

      • Ciana

        Thank you for the reply..

        Please let me know if I can apply for a visit visa or should I wait for the decision of the appeal (Not sure how long it will take for the appeal decision and I wanted to travel to UK with my husband who is going next month)..

  19. J

    Hi there,

    I have a question. My girlfriend is of Jamaican nationality and currently living and doing her degree there. I am an EU citizen living in the UK of 15 years now and also studying at university. We are both under 24 and although we are not married, we have been together for three years (including continuous trips to Jamaica on my behalf). Could you please advise us both on what is the best possible way for my girlfriend to go about applying for a EEA FAMILY PERMIT (i.e. documentation best to present etc). Also, she does not want to live in the UK and would only like to visit for a period of 2-3 weeks at most. May I add, she also has a valid US tourist visa and has had for years.

    The reason for my asking is due to the fact that upon researching, I read many real life experiences of individuals having their application refused with poor justification as to why. For this, we would both like to be extremely and overly prepared (even if it means rushing our marriage).

    Thank you, it would be most appreciated.

    • C. Thomas

      Hi J,

      An unmarried partner will only be recognised as a family member of an EEA national if the couple resided together, for at least 2 years, in a relationship akin to marriage.

      As a guide, and depending on the circumstances, your girlfriend may prefer to travel to the UK as a visitor. As a Jamaican national she will not require a visa unless there are reasons why it may be preferable to do so.

      Feel free to contact us to arrange a consultation if you would like to discuss your specific circumstances.

  20. Jennifer Agba

    Am an European citizen and my husband applied an eea family permit for us to visit Uk together. We are living in Italy and applied for the visa. They send my husband passport back today with the decision made, but unfortunately nothing is writing on the passport and there’s even a letter to ensure us that the have approved it or not. What should we do? Is it possible that the will stamp the visa at the airport whenever we want to travel?

    • C. Thomas

      Hi Jennifer,

      This is strange!!!

      Obvious question first – Have you inspected all the pages in the passport?

      Second obvious question – Were the returned documents inspected carefully for a IKVI decision letter?

      As there appears to be no outcome letter or permit placed in the passport, (and assuming the application was not withdrawn) you might want to contact UKVI as a matter of urgency to clarify?

      UKVI can be contacted via email and phone by using the following link: https://www.gov.uk/contact-ukvi-inside-outside-uk

      Please keep us updated.

  21. saloni

    hello this is saloni .thanks for this article . this was really helpful .

  22. Druba

    Hi , i have a serious question if its possible please replay

    i m non eu eea national and i been to uk for more then 15 times in my last trip i been trapped in false immigration stamp and i been removed from uk airport i been never done this stamp thing before i had many trips never involved in any criminal activities never done any thing wrong in uk when i been detained at uk airport i refuse to get any legal assistance i been offered for local councilor but i refuse to take that i just decided to come back home with my own ticket its been almost 2.5years now i never applied for any visa

    1. My Wife is Danish National (Denmark)
    2. My Son is Also Danish National (denmark)

    My wife and son is in Uk and my wife is working in uk past 2months
    We are happily Married past 3 years
    We both are Real Blood Cousins

    What Should i do now Some people says if you do forgery you cant apply for uk
    But i didnt get any Ban for applying uk Visa
    I Left the airport with my own choice although i Still have the choice to get asylum or any other bail and legal things

    What Should i Do now please explain

    • C. Thomas

      Using deception to gain entry to the UK leads to a person’s immigration history being viewed in the negative and will impact that person’s ability to enter the UK.

      Based on what you have outlined above, and the fact that your wife and child are currently in the UK, you should seek an immediate consultation for personal immigration advice.

      All the best.

      • Stanley

        My wife Is a British and my son also a British. And We are married for 6 years now,.But I am for Ghana..

        The confusion is that in the EEA visa application form I came across this 3 confusing questions.

        1..When did he arrive in the UK??
        2. When did they arrive in the UK??
        3..What is the EEA registered certificate number?
        Please what can I fill in those Space as my wife is a British Citizen born in the UK??

        Please help

        • C. Thomas

          Has your wife been exercising her Treaty rights in another Member State?

          Are you using the correct application type for your circumstances?

          It is not possible to comment on your individual circumstances.

          So contact us separately if you would like to arrange a telephone consultation for specific advice.

  23. Damien Low

    Hi,
    I am a non-EU national and my wife is Portuguese. I had an EEA FP. It expired in 2015. We want to move to the UK and stay this time. Do I need to apply for a FP all over again?

    • C. Thomas

      Hi Damien,

      Yes! You will need to apply for a new EEA family permit to accompany your wife (an EEA national) to the UK.

      The process should be very similar to your previous applications, though you must check the criteria again, provide updated documents and include details of the previous EEA family permit and travel in the new application.

      Hope that helps.

  24. Leoni

    Hi, i have a question pls. My passport is set to expire nxt yr march 2018. Can i use this passport and apply for an EEA family permit in next month on september 14th. Is this passport still valid? Thanks

    • C. Thomas

      Hi Leoni,

      There is no explicit requirement for passports to be valid for 6 months from the date of application. Instead, UK Visas & Immigration (UKVI) states that passports must be valid for the length of your stay in the UK. As visas are often issued for a minimum of 6 months, the 6 months’ validity period became the norm.

      Therefore, if you wish to enter the UK, under your EEA family permit, and stay beyond 6 months, and later intend to re-enter the UK as an EEA family member after March 2018, it may be prudent to apply for an EEA family permit only after you are in possession of a new valid passport.

      I hope that helps.

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