Eea Permit Has Been Refused; Uk

[Seekingasylum]

I too am mystified by this refusal if only on the grounds of law rather than what I suspect is the true refusal wording the wretched visa section meant to say i.e we have all had a think about this and don't think it right you should be allowed to bring in two dependants which the state will have to support because you cannot work.

The refusal is garbage. Badly worded, almost incomprehensibly so and ill founded. The OP is a qualified person since he meets the criteria of Regulation 15 wherein he ceased economic activity because of a permanent incapacity and was active for a minimum period of two years immediately prior to that incapacity. Since he now is deemed to have permanent residence as a consequence so is his wife. Period. Nothing else to hang a refusal on. He has shown that he was economically active for the relevant period, and I believe this evidence may have incorporated confirmation from his employers etc, and he has adduced evidence from his doctor confirming his permanent incapacity.There is no doubt over the genuineness of their marriage and no grounds to doubt the circumstances leading to the issue of her resident card do not pertain. It may be conceivable the numpties in the visa section might try to say they have had no evidence of her residence with the chap but frankly, even they couldn't be that stupid, although ........

Talk about temporary incapacity limited to 6 months and disqualification from entitlement as a qualified person thereby is a red herring and should be ignored as irrelevant. That relates to those who have yet to establish themselves in any capacity after their first 3 months of stay in the UK exercising movement rights.

Appeal and be done with it. One could write I suppose to the ECM but they must have canvassed the refusal with him first, the OP made this application 2 months ago, so what would be the point. Still, it might help if only to get some clarification. The refusal was clearly drafted by someone whose first language is not English.

[paully]

The refusal is garbage. Badly worded, almost incomprehensibly so and ill founded.

The refusal was clearly drafted by someone whose first language is not English.

Remember seeking, as 7by7 has pointed out, that the OP has not given us the full refusal notice. He appears to have typed out part of it in his own style - without capitals and including spelling and grammatical errors, which would explain the 'almost incomprehensively so' part of your reply.

[Seekingasylum]

True but I gained the impression his transcription in the end was verbatim.

Either way, the refusal is quite stupid and insupportable on the evidence disclosed so far. I have no doubt he'll win on appeal but scarcely compensation enough when one's life is thrown into confusion by a bunch of superannuated, overpaid shiney arsed clerks costing taxpayers in Blighty nearly a £ million a piece.

Oh, nearly forgot to mention what the OP must now do, but in relation to himself and his wife. Because he has now acquired permanent residence he must submit an application for confirmation of that in his Irish passport and also his wife's. Once that has been achieved, within 6 months, the refusal from those idiots at the embassy will be entirely otiose and whichever adjudicator hears the appeal will rule accordingly. Thus he will not have to deal with the morons again. That's the strategy.

Edited September 4, 2012 by Seekingasylum