# How to Approach: Residence Permit Refusal EEA family member??



## glogg (Dec 6, 2012)

Hi, 

We just got a refusal of a residence permit for my US husband. The ground was that we didn't supply enough evidence for me (EEA national) exercising the treaty rights in the UK. We've lived in the UK for the last 4 months, my husband has a very good job ( but his initial EEA family permit is due to expire) and my daughter started school in the UK), so we're pretty much settled.

The refusal says that we didn't provide the evidence for exercising the treaty rights - I registered as a jobseeker on my arrival to the UK, as we thought at the time that it would be the easiest path. We sent my CV, my agreement with Jobcentre Plus, a couple of letters from potential employers. We didn't send the proof of my previous employment, which turned out to be the case.

To make things more complicated, I was pregnant at the time we came to live in the UK and I'm now on a maternity leave (paid by social insurance in my home country - Poland). 

My question is: What should we do now? Should we appeal against the decision and provide more evidence (previous employment)? Or should we make another claim, as my circumstances changed from jobseeker to self-sufficient, as we understand it?

Thanks in advance!


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## Jrge (Mar 22, 2011)

Hi,


glogg said:


> Hi,
> 
> We just got a refusal of a residence permit for my US husband. The ground was that we didn't supply enough evidence for me (EEA national) exercising the treaty rights in the UK. We've lived in the UK for the last 4 months, my husband has a very good job ( but his initial EEA family permit is due to expire) and my daughter started school in the UK), so we're pretty much settled.
> 
> ...


You could appeal this decision - but between you and me- it is a waste of time! 

By far the easiest way to sponsor any Non EEA, is by being a worker. Part-time jobs (15 hrs/week) meet this requirement. 

The next option is as self-sufficient. For this, you will have to purchase Comprehensive Sickness Insurance (CSI), and it's around £50pcm. 

Animo
(Cheers)


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## safia (Dec 5, 2012)

But didn't the UK change the rules on issuing visas (which presumably apply to the EEA family member treaty as well) in July this year? I believe they raised the mimimum earnings of the sponsor considerably and that would probably discount part-time workers from qualifying as a sponsor.

Also, I wonder how they classify 'self-sufficient' apart from the CSI. Any further info would be very welcome as my husband's application was also refused earlier this year. Not that we mind being in the UAE of course, but we'd have liked to spend some time in the UK between jobs.


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## Joppa (Sep 7, 2009)

safia said:


> But didn't the UK change the rules on issuing visas (which presumably apply to the EEA family member treaty as well) in July this year? I believe they raised the mimimum earnings of the sponsor considerably and that would probably discount part-time workers from qualifying as a sponsor.


No. The new rules only apply to family migration route involving non-EEA members. 



> Also, I wonder how they classify 'self-sufficient' apart from the CSI. Any further info would be very welcome as my husband's application was also refused earlier this year. Not that we mind being in the UAE of course, but we'd have liked to spend some time in the UK between jobs.


There is no hard-and-fast rule at least for UK. Other EU countries have laid down (fairly low) minimum amount (a few years ago it was around 6500 euro per year for Spain). This doesn't help your case.


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## Crawford (Jan 23, 2011)

How is the OP exercising her 'rights' for free movement in the EU since she entered the UK 4 months ago in a pregnant state and is now on maternity leave?

The fact that she entered the UK and registered as a job seeker is pretty irrelevant I think since she was/and is in no condition to work. 

As she says they entered the UK under the EEA family permit as it was the easiest way to do it - how else to get her US husband into the UK?

I think the authorities have got in right in refusing to extend the visa as she is NOT exercising her treaty rights.


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## Joppa (Sep 7, 2009)

Crawford said:


> How is the OP exercising her 'rights' for free movement in the EU since she entered the UK 4 months ago in a pregnant state and is now on maternity leave?
> 
> The fact that she entered the UK and registered as a job seeker is pretty irrelevant I think since she was/and is in no condition to work.
> 
> ...


You are wrong. EU law regards maternity break up to 12 months as exercising treaty rights (Directive 2004/38/EC).


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## Crawford (Jan 23, 2011)

Joppa said:


> You are wrong. EU law regards maternity break up to 12 months as exercising treaty rights (Directive 2004/38/EC).


Interesting ....... then on what grounds did the officials refuse the application?

The fact that she appeared to be a job seeker but, obviously, could not/would not be able to work must be a contributory factor?


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## Joppa (Sep 7, 2009)

Crawford said:


> Interesting ....... then on what grounds did the officials refuse the application?
> 
> The fact that she appeared to be a job seeker but, obviously, could not/would not be able to work must be a contributory factor?


No. Simple lack of evidence, such as her maternity payment from Poland, medical certificate etc. When an EEA citizen has been in UK longer than 3 months, they must show evidence of exercising treaty rights, so evidence of pregnancy and receipt of maternity benefit would have been enough.
Rejection is no big deal. As there are no fees, the OP's husband can just re-apply supplying required evidence.


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