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.

If you would like support with your EEA family permit application or a review of your draft application before submitting it, feel free to contact us at [email protected]

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 does 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 as of the end of 2018,  the number of EEA family permits that were granted from 2015 to 2018 was as follows:

  • 2015 – 30,302
  • 2016 – 33,118
  • 2017 – 27,106
  • 2018 – 36,555

So, 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. While there was a dip in the number of approvals in 2017, the numbers rose to their highest levels in 2018, a likely reflection of the high number of applications there were received in the run up to the UK’s departure from the European Union.

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.

A similar sentiment was expressed by Mr Polyakov, a Russian national, married to his German wife, Anna who had sought an EEA family permit to visit his daughter and newly arrived grandson in the UK. Mr Polyakov was surprised to find that the genuineness of his marriage was doubted by UKVI because he had submitted his marriage certificate, but has not provided photographs of his wedding. Mr Polyakov and Mrs Polyakov have been married since 1975!

In the case of our client, she 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.

Yet 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 Thomas Chase Immigration 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

We provided a covering letter, setting out the client’s circumstances, how she met the requirements, and touched on her previous refusal and how this application differed. We helped the client to make a strong application. Needless to say, the client’s application was approved.

Conclusion

EEA family permits can be refused for a number of reasons, many of which come as a total surprise to the applicant. By being aware of the pitfalls and preparing a strong application, the application process for an EEA family permit will likely go as smoothly as possible.

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

Share this blog with someone who might benefit from it.

This post was first published on 31 May 2017 and updated on 1 March 2019.

____________________________________________________________________

Written by Carla Thomas – Managing Director at Thomas Chase Immigration.

Thomas Chase Immigration offer immigration assistance to individuals, families and HR professionals.

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121 Replies to “Avoiding EEA Family Permit Refusals”

  1. I would like to ask a question, i was in the uk for months after my eea visa expired and travelled back to Sweden with my spouse, we want to go one 1week holiday again next month,if i apply again would i be refused because i have overstayed the first time?

    Seven months to be precise

    1. Hi, Carla here.

      It is best to view the permit as a kind of open visit visa. You can re-enter the UK as many times as you wish within the validity period of the EEA family permit, but there is no requirement to leave the UK at the end of the 6 months’ period.

      Instead, the EEA family permit holder may continue to reside in the UK for as long as the EEA national family member is exercising their Treaty rights on the UK (from 3 months onwards). The EEA family permit holder can then go on to apply for a residence card or pre-settled status if they wish.

      So it sounds as if you can apply for another EEA family permit to travel to the UK.

      Feel free to contact us if you would like us to help secure the EEA family permit for you.

      And happy travels!

  2. How much time it take to give decision of eea family visa..as my husband is an eea national nd working in uk…plzz reply???

    1. Applications can take approximately 15 working days to conclude from the date of the biometric appointment.

      Nevertheless, UKVI can take more time to consider the application, if deemed necessary.

  3. hello

    I have found this blog very useful.
    I am EEA, residing in the UK for 5 years, and I have PR. My husband, non EEA is applying for EEA family permit visa.
    I have the following docs prepared on my side:
    – savings bank statements from Oct 2018 to 17th of April
    – bank statements where I receive my salary from Oct 2018 to March 2019
    – payslips (i downloaded them online)
    – last 5 P60-s – printed copy of an eP60
    – certified copy of my passport, ID, and PR – post office
    – PR letter
    – chat conversation and photos
    – employee reference letter

    Nor my payslips or my P60 are stamped or signed, i just printed them out. is that okay to send them without stamp, just the printed version? i work for a company with 60k people, and HR is outsourced.

    also re the chat logs: only whatsapp, like 20 pages, would that be sufficient? 4 screenshots per page with dates. I do the screenshots not my husband as he lost his phone and all data gone – is that okay?

    thanks

  4. Hi my husband is portugal citizen …he is living in uk..i applied under eea rules from last 25days…for how much time we have to wait for decision

    1. Hi Sandeep,

      EEA family permit applications submitted in Portugal are normally processed within 15 working days.

      Nevertheless, it’s not usual for some application to take up to 60 working days to conclude, where UKVI require more time to reach a decision.

      If you are concerned about the length of time that the process is taking, you may wish to contact UKVI directly at https://www.gov.uk/contact-ukvi-inside-outside-uk.

  5. I came here with a family permit that expire 27/05/2019 then I’m not sure if I want to apply for EEA resident card.. or presettle status?? And if what happend if I stay for 2 months more without apply

  6. My minor child is an EU citizen i wan to visit UK with her can I apply for uk family permit, I have a long term residence permit EU

  7. Hello,

    i’m colombian and I have a residence card in France. My son is 9 months and he has the french nationality as his dad.

    We are planning to go together to UK soon and I’ve applied for a family permit. Is there any chance that I’ll get for a holiday purpose ? just 3 days all together?

    1. Hello Andrea,

      We cannot provide specific advice in this forum.

      Nevertheless, as the application has already been prepared and submitted, you may wish to wait for the outcome.

      If the applicant meets the requirements for an EEA family permit and provides the appropriate documentation in the correct format, UKVI will normally approve the application, subject the certain individual circumstances.

      All the best!

  8. My dependent parent (non-EU) has been living with me (UK citizen exercising treaty rights/self employed) in Spain for 3.5 years. We have applied for a Spanish residence card for her several times only to be rejected each time on the basis of not providing enough evidence of dependency. I have sent more than sufficient funds on a regular basis to her bank account over the past 4.5 years, I cover all her expenses, we have comprehensive private medical insurance and she lives with me. My lawyer has said that the rejections are simply par the course of the current government policy to deny all applications except for the immediate family (children under 18). It has been so frustrating and clearly a breech of EU law. With Brexit, I am now considering moving back to the UK with my dependent mother. She is a non-visa National for visits to both UK and EU. Is a Family Permit essential to returning to the UK (to live) or can she just arrive there as a tourist and we apply for the Settlement Scheme while in the UK?
    Thanks in advance.

    1. Hi Pat,

      We cannot provide specific advice in this forum.

      However, in general, it is prudent for a non-EEA family member of an EEA national to secure an EEA family permit to evidence their entitlement to enter the UK.

      When a non-EEA family member enters the UK as a standard visitor visa, they are declaring their intention to leave the UK at the end of their visit or visa.

      If their intention is to merely secure entry to the UK as a visitor, so as to apply to the EU Settlement Scheme to remain in the UK longer term, then the non-EEA family member may have already breached the immigration rules. So caution needs to be exercised.

      If you would like to arrange a 30-minute telephone consultation to discuss further, this can be done via out Contact Page at https://www.thomaschaseimmigration.com/contact-us/ or via email.

  9. My Dad is a member of EEA family in the Uk , he applied for my four siblings and I in Ghana here. I submitted my application two weeks before my siblings submitted theirs but they have received their visa whiles my own is still not in. Is there any problem with the UKVI decision makers. Thanks

    1. Hi Amoako,

      EEA family application submitted in Ghana are normally concluded within 15 working days but can take up to 30 working days.

      If the application processing time has gone beyond 30 working days, you may wish to contact UKVI to determine the status of the application at https://www.gov.uk/contact-ukvi-inside-outside-uk.

      They will not be able to tell you the outcome by email of phone, but can confirm if the application has been concluded or not.

    2. hi. i am in the same situation, i submitted my application on the 5th of April for my daughter but still not had and feedback. please whatsapp me

    3. Hi Amoako. Have you recieved your passport now. I also applied in Ghana for my daughter around the same time u applied yours but I have still not had my daughter’s passport back. Please let me know if you hear anything please

  10. Hi dear, I am a non EEA dependent family member of an EU national (Dutch). I have just received my residence card that is valid for 5 yrs. I am newly married and my husband is still living in Nigeria.

    I want to know if it is possible to file a spouse visa for my husband because we miss each other and want to live together. Kindly let me know if there is any thing I could do to bring him over. Thanks

  11. Hi.. lovely post.
    I am from Nigeria.My aunt is a citizen of the uk, am I eligible to apply for the EEA family permit?
    Also I intend to do my masters there, would I be recognized as an international student or what?

    1. Hi Mary,

      Glad you like the post!

      Unfortunately, we cannot provide specific advice in this forum.

      In order to advise, we would require more information to help you identify the most suitable options, and for that reason it may be best to arrange a telephone consultation to discuss.

      For instance, a non-EEA family member may join their British family member in the UK under the UK immigration rules. The immigration rules definition of a family member is very limited.

      Conversely, an EEA family permit applicant may be able to join their British citizen in the UK under the ‘Surinder Singh’ route.

      Nevertheless, you may find that you have other options.

      Please note that consultations can be booked at our Contact Us page at https://www.thomaschaseimmigration.com/contact-us/ or you can email us at [email protected].

  12. I applied for an era family permit visa,after scanning my documents together with the supporting documents at the visa application center,I discovered that in the collection paper it was stated that I didn’t provide evidence of uk accommodation and travel details of my sponsor, will this affect my Visa been granted.

    1. Hi Innocent,

      Unfortunately, we cannot provide specific advice in this forum.

      Generally, UKVI will expect the applicant to provide all relevant documents as part of the application. If not, UKVI will not be able to take that data into consideration and may refuse the application.

      Hopefully, UKVI will have sufficient information to provide a favourable outcome.

  13. Hello Mr. Chase,
    I am Canadian and my husband is Dutch. I attended my NINo appointment today, but was told that because I do not have the EEA card or the stamp in my passport that says I’m allowed to live in the UK under the EEA agreement of 2016. I entered the UK on October 14, 2018. I was informed by an immigration lawyer during a paid consultation that I do not need the EEA family permit and that I have the right to live and work in the UK because I’m married to an EU citizen. Please could you inform me whether I need to leave the UK in order to apply for the EEA family permit or residence card (which one?) by April 14 (the 6-month deadline)? And if so, how long do I need to stay outside the UK before allowing to re-enter? My husband is working and we have settled nicely in a flat. Thank you for your help.
    Best regards,
    Emke

    1. That should read: I attended my NINo appointment today, but was told that because I do not have the EEA card or the stamp in my passport that says I’m allowed to live in the UK under the EEA agreement of 2016, my application for a NINo would be automatically rejected.

      1. Hi Emke,

        Unfortunately, we cannot provide specific advice in this forum.

        Under EU regulations, a non-EEA national spouse has an automatic right of entry. Applying for an EEA family permit allows the non-EEA national to demonstrate their entitlement to do so. Nevertheless, a non-EEA national entering the UK will be expected to have their passport or EEA family permit stamped with their date of entry.

        Indeed, evidencing the right to be in the UK in the absence of an EEA family permit or residence document can be difficult. The lack of a UK immigration stamp in the passport, confirming the date of entry, will be problematic for non-EEA nationals.

        If you would like to arrange a 30-minute telephone consultation to discuss, this can be done via out Contact Page at https://www.thomaschaseimmigration.com/contact-us/ or via email at [email protected].

  14. My father in law applied for me , I am married to his son. I was denied based on the argument that my dependency is not sufficient. We noticed that a 6 month account statement was omitted. So we were adviced that appeal was a good option. The first tier tribunal again upheld the decision of the Eco stating dependency was out of convenience and not nessesity. My father in law is thinking of withdrawing the case from upper tribunal.
    These are my questions sir,
    Can we start another application process all over again?
    What documents make one more dependent, sadly these are not stated on any website. As upkeep and payment of ones rent seems not be enough
    3. How much time do I have to do things right before another application is made
    4. What do advice we do as I am trying to encourage my father in law and husband to please use your firm which I first pleased abnitio.
    How do I convince them that it can be different with you as they have lost hope and desire that I wait till my husband becomes independent and do a spouse visa for me. A time that is 3 years from now.
    Please I really help as I am very depressed.
    Can I pay your fees from Nigeria and to see if you can take a look. We have spent so time and money. Please help me

    1. Hi Amen,

      Thank you for your messages. Unfortunately, we cannot provide specific advice in this forum.

      Nevertheless, it seems that the most appropriate course of action may be to seek advice from your current lawyer about your available options.

      Your lawyer should be able to advise you of the merits of each available option and associated costs, particularly as they are already aware of your circumstances. Once you are in possession of all of the information, you can then decide on the best way forward.

      All the best.

  15. My husband is married to me, a German national. We got married abroad (non-EU) in 2015 and he got to Germany after 3 months with a family reunion visa.

    In 2017, we wanted to go to the UK for a week so we applied for a visit visa (spouse of an EEA national). Months prior to that, we had our marriage registered at our registry office in Germany so that we had an international marriage certificate available issued by the German authority. This is not something that is mandatory for us to do in Germany. We just thought that it would be helpful than to show the original marriage certificate from a non-EU country. Visa got APPROVED.

    The following year, 2018, we applied again for a visa with the same documents we submitted the year before. This time, to our surprise, visa got DENIED! Reason: They weren’t convinced that we are married because it is questionable that we registered our marriage in Germany 2 years after our wedding. Again, this registration is not a necessary step to do in Germany. We did it in 2017 only to have a supporting document (in english) for the UK visa application.

    This year, we wanna apply again. Perhaps submitting the original marriage certificate from the non-EU country and NOT submit the one issued by the German registry office would be helpful this year? What do you think? I don’t know how to explain to them that the late marriage registration in Germany doesn’t need to be questionable since the German goverment doesn’t even require us to do this step.

    1. Hi Clarissa and thanks for getting in contact.

      Your circumstances are not entirely unusual and for that reason, we always advise clients that each application is assessed on its own individual merits. The fact that the application may have been approved in the past, does not necessarily mean that it will automatically go smoothly on another occasion, particularly if documents were omitted or factors differed in the later application.

      Unfortunately, we cannot give specific advice here, as we are not fully aware of all the relevant information. However, you may book a telephone consultation via our Contact Page at https://www.thomaschaseimmigration.com/contact-us

      1. Hi there! My wife is non-EU national and I am an EU national. We are living in Germany together.

        Question: We have a non-EU marriage certificate translated in German language. Is this sufficient to apply with it?, or do I have to translate it into English?

        Thanks in advance 🙂

        1. Hi Ammar – We cannot give specific advice in this forum.

          In general, Regulation (EU) 2016/1191, which applies as of 16 February 2019, states that there is no longer a requirement for the applicant to provide a certified English translation for certain public documents.

          Regulation (EU) 2016/1191 applies to documents issued in other EU Member States only, suggesting that the requirement applies to public documents issued by non-EU Member States.

  16. Hi! Your blog and the comments and answers on here have really helped me out in a big way.

    My family and I have been struggling for a long time trying to get my son who is Kenyan into the UK . His father is Greek and we have been trying to get him Greek citizenship but it’s taking a long time. I (his mother) am in UK and I am a UK citizen but I have been separated from my son now for months as I am pregnant and can’t travel back to Kenya to see him any more this late in the pregnancy.he is with his Greek father but we are desperate to get our little boy who is only 4 to UK so my partner can start his job that is waiting for him.

    I know you can’t really answer questions here but I would really really appreciate if you could tell me if my partner must come to the UK first and start working in order to show he is earning and a qualified person , or can he apply from Kenya and wait for the descion and come with our son? If he has to come here for the work how long does he have to be working for? And if he doesn’t have to come and start work is there a certain amount he needs in his account to show he can support our son on arrival to UK?

    I’m praying you answer this for me!

    Thanks again for the blog

    🙂

    1. Hi Jasmine,

      Glad the blog and comments have helped!

      Sadly, this is a questions that we cannot answer on this forum. We would need to gather much more information before we could properly advise you.

      Perhaps you would like to arrange a telephone consultation. During the consultation, we will answer your questions, so that by the end of the call you will feel confident about your options for facilitating your son to the UK and of how best to proceed.

      Feel free to contact us at [email protected] if you would like to arrange this.

  17. Hi. I am a non-EEA married to a Belgian. I have a residence card issued by the Belgian authorities. We just want to have a 5-day holiday in the UK, do I still need to get this EEA Family Permit? The requirement list is killing me

    1. Hi there – The requirements list is not always clear but it can be

      Unfortunately, we cannot provide specific advice in this forum.

      In general, a non-EEA will require an EEA family permit to travel to the UK. Not holding a valid EEA family permit can lead to the person being refused entry to the UK.

      We would be happy to arrange a telephone consultation to discuss the requirements and help you identify the most suitable options based on your circumstances. Contact us at [email protected] if you would like to arrange this.

    2. Hello,

      If you have an Article 10 or 20 residence card which states that you are the family member of an EU citizen on the back you do not need the Family Permit to go to the UK. The case is McCarthy 2014. You might find it difficult at the airport persuading them that you have permission to enter the UK but if you know your rights you can demand that they let you fly. Take your documents showing that you are married etc with you. At the UK border they will give you a hard time but with the residence card you will be granted entry for 6 months under EEA regulations 2016. This is what I did with my unmarried partner who had a residence card from Spain. Your spouse does not need to be exercising their Treaty rights for the first three months so you can visit without health insurance or showing you have funds for the trip or where you are staying etc. You only need your passport and residence card. In fact, I am sure that even if you do not have the res card you must be given the opportunity to prove in another way that you have the right of entry. Read the Citizens Directive, understand what you can and can’t do and be prepared to insist. Good Luck

      1. Wow am hearing this for the first time..travelling without a visa,just the residence card,what if you were eventually denied entry

        1. Yes, it is possible for a non-EEA family member of an EEA citizen to travel to the UK without a permit, where they possess an Article 10 or Article 20 residence card.

          Nevertheless, the Immigration Officer at the border can refuse the residence card holder entry to the UK, if they conclude that the person is not entitled to entry under the EU regulations. To avoid any concern, some holders of the Article 10 or Article 20 residence cards will apply for the EEA family permit to prove that they have met the EU regulations for travel to the UK.

          See here for more details: https://www.gov.uk/government/publications/entering-the-uk-as-the-holder-of-an-article-10-residence-card/entering-the-uk-as-the-holder-of-an-article-10-residence-card

  18. I AM A FRANCE NATIONAL LIVING AND WORKING IN UNITED KINGDOM. IS IT POSSIBLE FOR ME TO APPLY FOR MY daughters husband i.e MY SON IN-LAW Living in AFRICA to join me in UK as a family member of EEA NATIONAL?

    1. Thanks Oladapo!

      In general, an EEA national may sponsor their non-EEA national son-in-law’s application for an EEA family permit.

      UKVI will expect to see strong evidence of dependency in support of the application.

      Unfortunately, we cannot provide specific advice in this forum, though we would be happy to arrange a telephone consultation to discuss your and your family’s circumstances and options.

      Contact us at [email protected] if you would like to arrange this.

      1. My father in law applied for me, they claimed my dependency was out not sufficient and out of convenience. My lawyer adviced that we had a strong case for appeal since omissions were found. Now ECM upheld the decision, so what do you advice. Should I start all over with a new law firm or do know any daughter in law that has been granted. I have spent a lot of time and money. What will make my dependency on him sufficient? Where did I go wrong. Please advise? I am trying to pull the case from going to upper tribunaland Start all over. How much time do I need?

  19. Hi.i am non eu and my wife hold Latvian passport.i applied for my brother(24) eea extended family member visa he is my dependent and I submitted the evidence that he is my dependent but he got refuse and they said according to 1st of FEB 2017 the eea spouse can’t call his/her family.

    1. Unfortunately, we cannot give personal immigration advice in this forum, and can only provide general guidance.

      If you would like specific immigration advice, please feel free to contact us at [email protected] to arrange a telephone consultation.

  20. Hi

    I had a query and would be grateful for your advice

    I am british national and so is my son, my husband is a bangladeshi national

    He has been refused a spouse visa on multiple occasions and a recent italian schengen visa aswell

    My query is if my husband came to a uk airport with me from bangladesh with no visa or permit, but we showed evidence of our relationship via marriage certificate, sons birth certificate etc will the uk border officials accept this and stamp his passport with a eea dependent stamp and let him in? (Formerly known as code 1a stamp)

    Thanks for your help

    1. Hi Saarah,

      As a Bangladeshi national, your husband will likely require a visa to enter the UK. The type of visa will depend on your husband’s and circumstances, length of his intended visit and a number of other factors.

      Without a visa, a visa national risks being refused entry to the UK.

      Unfortunately, we cannot give specific immigration advice in this forum, and can only provide general guidance.

      If you would like immigration advice as it relates to your circumstances, please feel free to contact us at [email protected] to arrange a telephone consultation.

  21. Hi, my name is Simona and I am EU national student in UK.

    Please, can you answer me if my non-EU husband and I must been signed in ONE address in UK (tenancy agreement etc) ?

    I know that my husband needs the proof of address in UK, therefore CAN HE PROVIDE the tenancy agreement, without my name there, because I have to stay in another place for now and we ca not have ONE and same address.

    So is it essential or not to prove that we are in one address?

    Please, dear, just tell me yes or no.

    Please.

    Simona

    1. There is no simple Yes or No answer Simona. A lot will depend on the remaining supporting documents.

      We cannot respond to specific questions in this forum, though you are free to contact us at [email protected] to arrange a telephone consultation.

  22. Hi,

    Me and my cousin applied for a EEA family permit and went on UKVI Philippines appointment last Oct. 29, 2018. Unfortunately, we we’re refused for a Visa. On the letter it explained that only the extended family of the EEA national and not the EEA National’s spouse can apply for EAA Family Permit that was as of February 2017. We we’re sponsored by our Aunt’s husband (EEA National). Do you know an alternative visa that we may apply?

  23. My spouse visa been refused to join my wife in the UK because of my immigration history – overstaying and allegerdly providing false contact detail and address in previous application. We have put an appeal in to clarify the allegations of providing false details. Will be accompaning my wife to an EEA member state so we can live together as she can’t live in my country due to medical reasons.
    Please, what evidence will be required for ACCOMPANING my wife as she is not currently residing in the member state. What will be enough to prove she will be accompaning me.
    Thank you

  24. Hello,

    I would kindly ask you few questions related to EEA family permit, if you have some time for replying to them.

    I am Serbian (non-EEA nationality), living and working in France for 7 years.
    In civil partnership with Serbian who has also French nationality (EEA national) and with who I am for 9 years. He got permanent position in UK and moved there from France, where we lived together, to UK and he is already working there for 4 months, while I stayed in France waiting for the UK visa.
    I am applying for the EEA family permit in Paris, submitting in person all the documents, including my partner’s French passport and my Serbian passport. The rdv is in 5 days (31 oct).

    My questions are:

    – Can I keep my passport with me after the interview at visa service (EEA family permit)?
    (option “keep my passport when applying” is not available online at TLScontact.com, so I wonder if on site I will have that option, cause we need to travel).
    – If I can keep my passport, will it delay their decision or influence it negatively?
    – Being pregnant, will the supporting document “proof of pregnancy” and “father pre-parental declaration” from City hall, accelerate visa procedure or influence negatively?
    – Aside from civil partnership certificate (in English), any need for photos, whatsapp messages, etc?

    Many many thanks in advance!

    Kind regards,
    Tijana

    1. Hi Tijana,

      We cannot provide specific advice on this forum. We can certainly provide guidance and assist you with the application process.

      Some visa application centres allow applicants to retain their passports during the application process. Unless stated, the passport must be submitted with the application.

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

  25. Hello I’m Denisa and I’m a Greek citizen. I am living in Uk one year now and I want to bring my parents here as well who have an Albanian Nationality ,
    We applied twice for a EEA FAMILY PERMIT but both of them refused.Our first attempt has been done from someone who didn’t know how to apply properly and many things has been written wrong.My opinion is that the first attempt reflected wrong to the second one,so they refused again.
    I want to ask how many attempts we have for applying for U.K. VISA ?
    And what should we proceed because they really need my support!
    Thanks

    1. Hi Denisa,

      Sorry to hear that.

      The good news is that your parents may apply for EEA family permits again.

      Nevertheless, it is crucial that the reasons for the previous refusals are properly addressed in the new application to avoid another adverse outcome.

      We can certainly assist you with the application process. Feel free to contact us at [email protected] to arrange next steps.

  26. 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

    1. 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.

  27. 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

    1. 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.

  28. 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

    1. 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.

  29. 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.

    1. 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].

  30. 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? .

  31. 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.

    1. 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]

  32. Dear C. Thomas,

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

    Best Regards,

    Marta

    1. 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.

  33. 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.

    1. 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!

  34. 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

    1. 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

  35. 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?

    1. 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.

  36. 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.

    1. 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.

    2. 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.

  37. 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?

    1. 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.

      1. hi , please i taught the law say under 21 years which should be 20 years and below and dependent should be 21 and above.Please can you clarify the act for me.

        best regards.

  38. 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!!

    1. 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.

  39. 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?

    1. 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.

  40. 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.

    1. 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.

  41. 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!

    1. 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.

  42. 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

    1. 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

  43. 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?

    1. 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.

      1. 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)..

  44. 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.

    1. 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.

  45. 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?

    1. 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.

    1. Hi
      My brother EEA national and living in uk now , he applied 3 visas because we are fully dependent on him , how many chances to get visa.

      1. Hi Khan,

        Your brother may submit as many applications for an EEA family permit as he wishes.

        However, that doesn’t mean that he should submit the same application without addressing the reasons for the refusals.

        Given that your brother has been refused an EEA family permit 3 times, he may wish to seek advice or assistance.

        Your brother is free to contact us at [email protected] to arrange a telephone consultation or to seek our help.

  46. 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

    1. 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.

      1. 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

        1. 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.

        2. Hi, we just had most ridiculous and unbased refusal to Mother of EEA Family member..
          Im British and Im fuming at the way we were treated.
          Same story – most questions are so confusing even for Born-British.
          We stated that its clear that Son invites his Mother to the UK just to visit not even stay here.
          Questions like: are they married to each other?
          Do they gave kids?
          Do they have previous partner?
          Common!
          Also it’s confusing Where is the Sponsors questions? Where are for the mother?
          We are so going to Appeal as after £350 spent on Translations and Certifying every Original now we read in Refusal.
          – Case officer calls Mother – Sister!
          – then he callsMother – “He”
          – than bases his refusal on Interview!
          What interview?
          There was no interview with Mother.
          My advice – Get a really good Solicitors as they know what to write in that Questinaire.
          We did our best to get this slap on the face.
          Good luck!!!

          1. Sounds very frustrating Margarita, though thank you for sharing your experience.

            We hope that you are able to resolve this! And if you would like assistance with reviewing and re-starting the application process, feel free to email us at [email protected].

  47. 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?

    1. 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.

  48. 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

    1. 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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