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Received 2 Refusal For Eea Family Permit


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#1 donaldf26

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Posted 19 July 2012 - 04:54 PM

Hello
I have received 2 refusals for EEA family permit from the UKBA for myself and my son. As per my solicitor’s advice this time there are very good grounds for appeal against this decision by the ECO. My sponsor (wife) is currently in India living with me and we plan to travel together along with my son.
Can some please give a second opinion from the legal point about my chances of receiving a decision in my favor?
Below are the contents of the refusal letter.

Your Application
You have applied for admission to the United Kingdom by virtue of European Community Law as the family member of a European Economic Area national who is exercising, or wishes to exercise, rights of free movement under the Treaty of Rome in the United Kingdom.
The Decision
• Regulation 6 of the Immigration (European Economic Area) Regulations 2006 requires you to show that your sponsor is a "qualified person". The onus is on you and your sponsor to show that she is a jobseeker or has employment in the UK.
• I note that you previously applied under the same category; that application was refused on 19/6/2012 for the following reasons:
• "You have provided no evidence that your sponsor is searching for work, or any evidence of her ability to do so. In your application form you state that you are searching for work, and the job adverts you have supplied are for you.
• Within your current application you have submitted a supporting letter from (My Solicitor); this states that, in part, the following documents have been provide:
- Evidence of accommodation arranged for your stay; and
- Details of potential job opportunities for your sponsor and yourself.
• It is not relevant to your application whether or not you are or have been seeking employment in the UK.
• Your sponsor has qualifications in chemistry, and I note there are various printouts from job websites in this field. I also note that the accommodation evidence indicates that you intend to stay in London; however there the various print outs from job websites cover the following areas in the UK: Runcorn; Oxfordshire; the North East; Harrogate; Cambridgeshire; the West Midlands; Lincolnshire; Gloucestershire; East Sussex; Derbyshire; Dartford; and Flitwick. It is reasonable to expect a person seeking employment in the UK to have a reasonable idea of where they intend to settle and live; the spread of locations of these jobs are indicative of someone simply printing off job advertisements to lodge with your application; there is no evidence whatsoever that your sponsor has actually applied for any of the employment positions in the UK. It is reasonable to expect your sponsor to show that she is genuinely a job seeker or has gained employment in the UK; this would include acknowledgement that she has applied for employment; there is no such documentation o show this.
• I also note that you have failed to provide a copy of your sponsor's Home Office registration. This is a requirement under EEA regulations and following such registration your sponsor would be given an EEA residence permit card for the UK. There is no evidence to show that your sponsor is in the UK and/or is genuinely actively seeking employment.
• Taking into account your circumstances, based on the information and documentation that you have provided and considering your application as a whole, I am not satisfied that you have adequately demonstrated that your sponsor is exercising his Treaty rights and therefore that you meet the requirements for non-EEA national spouse of an EEA National applying for an EEA Family Permit
• I have also taken account of article 8 of the Human Rights Act. I consider that refusing this application is justified and proportionate in the exercise of the immigration control. I do not believe that refusing this application will interfere with family life, for the purposes of article 8 (1), as you can continue to enjoy that in India.
I therefore refuse your EEA family permit application because I am not satisfied that you meet all of the requirements of Regulation 12 of the Immigration (European Economic Area) Regulations 2006.



#2 Gentleman of Leisure

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Posted 19 July 2012 - 05:06 PM

Your partner is in India and does need to be a qualified person exercising treaty rights for the first 3 months from her arrival in the UK.

#3 Victoria

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Posted 19 July 2012 - 05:07 PM

Your solicitor is right. That is an appalling refusal.I thought the days were gone when the ECO's demanded residence cards from EEA nationals. Pathetic.

You may find that it is better to go to your wife's home country and apply from there. The ECO's in India seem to be totally clueless...or just plain dishonest.




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