EEA Family Permit - Refusal - My Options

[Tinuk]

My wife is an EEA National. She has moved to UK and start working around August 2014. I am a Non EEA National. I applied for a visa (EEA Family Permit). It was refused on the bases that the ENTRY CLEARANCE OFFICER is not satisfied that my wife is residing in the UK. I have submit her working address (and work email address), renting address and the dates she enter UK and when she start working. I am considering to appeal but first I have to get more information.
My questions are:
1) What documentation do she have to provide to prove she is residing in UK?
2) Is it not faster to submit a new visa application and ignore the refusal and is that allowed?
3) Can my wife make copies and certified the documentation that she has to provide, so that I do not submit the original documents, which probably will cost me a lot of effort be returned to me?

Thank you for the time spend on this subject.

Tinus

[7by7]

Whether or not you can appeal the refusal depends up-on the reason for that refusal. See EUN2.24 Do applicants for EEA Family Permit get a full right of appeal?

If you do have the right to appeal then your refusal notice will say so and should contain details of how to do so; but see also Appeal against a visa or immigration decision: 3. Appeal from outside the UK

However, as appeals can be a lengthy process and as EEA family permit applications are free it may be better and probably quicker to simply apply again; your choice.

If you do apply again you must supply the missing documents otherwise that application will simply be refused as well.

Basically, you need to provide evidence of your relationship, i.e. marriage certificate, and that your wife is exercising an economic treaty right in the UK.

See Apply for an EEA family permit; 3. Documents you must provide and Guide to supporting documents: EEA family permit; note that second document is a list of suggestions, not everything on the list will be relevant to you and it is your choice which to provide.

Documents should be originals, accompanied with a photocopy if you want to ensure the originals are returned.

[bobrussell]

As the application is free of charge, I would reapply but cover the reasons for refusal very thoroughly.

Had a chat over the New Year with someone quite involved with EEA permit applications. He is totally convinced that there is pressure to refuse any applications they can. Cannot say there is proof of this but keep working on it!

In theory these should be straight quite straight forward but the UK authorities seem strangely obstructive on occasions! Offer them absolutely no wriggle room!

[7by7]

From the OP it seems to me that there is nothing perverse about this refusal:

I have submit her working address (and work email address), renting address and the dates she enter UK and when she start working

Stating these things is not enough; documentary evidence to back them up and show that the EEA national family member is, indeed, exercising a treaty right in the UK is required and it seems the OP did not provide that evidence.

[Richard W]

Presumably the OP does not have to prove that his wife is not also a British citizen. Does he need to prove that his wife was not born in the UK, or if she was, that she has left it?

[Tinuk]

I appreciate the time spend on this. I want to reapply but I am concern that they will then find another reason to refuse. So I will stick with the appeal to the Tribunal. I just have to prove my wife is living and in UK. That should not be difficult to do. It takes time but higher success rate, I think.

Thank you.

[beano2274]

tax and salary slips proves she is working in the UK, try that.

[bobrussell]

I appreciate the time spend on this. I want to reapply but I am concern that they will then find another reason to refuse. So I will stick with the appeal to the Tribunal. I just have to prove my wife is living and in UK. That should not be difficult to do. It takes time but higher success rate, I think.

Thank you.

In theory these should be very straight forward applications.

I am convinced that there is pressure from above to refuse them whereever possible.

As they are free and create work for the UKVI, I would just keep applying until they have run out of excuses. I have a very jaundiced views of the processing of EU related permits and the quality of the decision making. There is a requirement for these applications to be 'facilitated' under EU law. Even SOLVIT who are supposed to problem solve EU rights, emailed me indicating that they did not believe the UK authorities were likely to comply!

If they keep refusing, keep applying (assuming you are eligible for the permit)!

Really pathetic behaviour but perhaps a sign of the times!

[7by7]

From what you have said, although we would need sight of the actual refusal notice to be 100% sure, your application was refused because you did not supply any evidence that your wife is your wife (marriage certificate) nor that she is exercising an economic treaty right in the UK; in her case working.

Whether you apply again or appeal, you will need to supply that evidence.

A new application will almost certainly be quicker than an appeal. Although you could do both and when one is granted simply withdraw the other.

[Donutz]

Technically the EU spouse needs to provide the evidence that the non-EU family joins him/her. But ofcourse the foreigner is the one making the visa application, which could include a letter from the EU national explain the situation.

Also, for a (6 month) EU/EEA permit the EU ctitizen does not need to live in the UK, this person simply has to make evident that the non-EU family member will accompany or join them in the UK. This could be done be showing that the EU citizen has an adress (apartment, house, hotelroom, ...) but any other means should be considered aswell. A written "I'm hoing to take my non-EU spouse with me" statement from the EU national should even be sufficient but most EU nations prefer to see some sort of evidence that the EU national resides in their country or will be residing there (on holiday or permanently).

As these applications are free I'd re-apply. If possible, comply even if the requests seem silly or wrong. They might be overasking but if it's not too much to ask, give them what they want and complain about it to the relevant UK and EU authorities (UKVI, EU Home Affairs via Solvit) so that these sort of applications will be handled efficiently, ASAP, and without any hassle in the future. One single complaint won't make a difference, but a ton of complains should raise some flags...

Ofcourse when you are in the UK and wish to settle there your EU spouse needs to show that she has an income etc. and thus will not become an unreasonable burden to the state (see 7by7's posts).

Edited January 4, 2016 by Donutz