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✎ EN EEA Family Permit Refused frm Philippines

Discussion in 'Immigration UK' started by eea spouse, Aug 20, 2011.

  1. eea spouse

    eea spouse New Member

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    Living In:
    Philippines
    Nationality:
    Filipino (PH)
    Languages:
    english
    I got married last Feb, 2007 to a Hungarian whose working in the Uk since 2006. he last visited me on Feb2008. we were financially not capable of travelling for a visit since the global crisis arise 2009. and now that we decided that i apply for the eea family permit coz we feel this is our time to be together. on my application i provided all evidences that proves our relationship. we even have both the marriage certificates from Philippines and from Hungary since we registered our marriage from his home country, we have photos, phone bills, payslips, emails, post mails and lots more. I was confident the Eco will give me the family permit. just after 6 days from the submission i received sms that the decision is on my way.

    i was devastated with the results when i got the refusal of entry! they refused my application based on the duration of time (3.5 years) of neither any of us not attempting to visit each other. yes, we were not together but we love each other soooo much that we endure to stay far from each other for 3.5 years. we never expected that separate life just like we never expect to have an economic crisis by 2009 but we prove that our love is strong. now we will go for an appeal. can anyone give guidance on what to do best...
    we plan that my husband will come (to Philippines) for a visit just to prove that our marriage is subsisting and we intend to live in the UK like husband and wife.

    Please help... i need expert opinion and advice based on experiences....
     
  2. texkourgan

    texkourgan Addicted member
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    It appears that the best chance you have at re-application is increasing the time you spend together. Have you been able to travel and see each other? You should also continue to gather any auxiliary information that helps to document the relationship: e-mails, birthday cards, gifts, shared bills, etc.

    Your absolute best chances are with hiring an immigration attorney. Obviously, this is an expensive option, but will greatly help your chances.
     
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  3. Hopefull

    Hopefull New Member

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    Does your husband have a Blue Card to prove he has the right to remain in the UK as an EEA citizen, if so read this!!

    12.(1) An entry clearance officer must issue an EEA family permit to a person who applies for one if the person is a family member of an EEA national and the EEA national is residingin the UK in accordance with these regulations

    PART 4 REFUSAL OF ADMISSION AND REMOVAL ETC
    19.(1) A person is not entitled to be admitted to the UK by virtue of regulation 11 if their exclusion is justified on ground of public policy, public security or public health

    19.(2) A person is not entitled to be admitted to the Uk as a family memeberof an EEA natioanl under regulation 11(2) UNLESS, at the time of their arrival the EEA national has already the right to reside in th UK under these regulations

    please note that in the rules The Immigration (EEA) Regulations 2006 there is no mention of time lapsed between your last seeing each other.


    I hope this helps
     
  4. polskasweetie

    polskasweetie Addicted member

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    What has to be considered here is that, even though an EEA Family Permit should be issued if there is sufficient grounds that the non-EEA national is married to an EEA national, the Home Office also needs to rule out marriages of convenience. Ergo the need to provide documentary evidence of the marriage ebing consummated by letters, joint financial statements, frequent trips to see each other if separated geographically, etc.

    So Hopefull, this is not to say that eea spouse is in a marriage of convenience (we are not here to pass judgement on these things) but this may very well be the position taken by the Home Office when the initial application was processed and refused, as being away from each other for that amount of time without seeing each other is a bit unorthodox, though for sure happens and for good reason.

    I highly suggets to go for the appeal, and indicate the primary reason why you did not apply for the permit early on shortly after the marriage was due to financial constraints, which is why you are only applying for this now as financially you are able to join your spouse and be self-sufficient for some time while seeking employment in the UK.
     
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