# Eea family permit refused



## jayrosel (Sep 13, 2014)

hello all,


please i need help as we don't know what to do....


i am Nigerian married to a Spanish citizen. i met my wife when i was studying in Cambridge UK, she was there on holiday so we stated dating from June 2013 then i had to go back to Nigeria in October as i was done with studies but after a few months i applied for UK visiting visa so as to visit her but added that it was just for holiday as advised by the lawyer but unfortunately i was refused because of i dint have a strong ties with Nigeria but they forgot i am a fresh gradate. My wife and i decided to get married because we couldn't bear the distance anymore, so she came to Nigeria and we got married and afterwards i applied for the EEA family permit and to my greatest surprise my application was refused.

Reasons below 


> on your application you state that you are unemployed. You have not provided no evidence of savings,property or income. Therefore i am unclear as to your own personal and financial circumstances in Nigeria 

>on your application your application you state that you first met on 14 June 2013 and you were married in Nigeria on -- July 2014 . i acknowledge that you have provided evidence of correspondence and communication between you from 01 August 2013 until present.

> however , i note that you were previously refused a United Kingdom visit visa on 14 April 2014 and you did not mention your sponsor in that application.I further note that your sponsor has be resident in the UK since march 2014. This cast doubt upon your relationship and your intentions.

> in order to qualify as a family member you are required to be dependent on the EEA national, but i am not satisfied that you are a dependent as claimed. i am therefore not satisfied that you are a family member in accordance with regulation 7.



my wife and i are confused as to what to do, please we need help........


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## Jrge (Mar 22, 2011)

Hi,


jayrosel said:


> hello all,
> 
> 
> please i need help as we don't know what to do....
> ...


1- You need to reapply 

2- You need to draft a letter indicating that the oversight of not mentioning you were going to also visit your then girlfriend, was a huge mistake you made following the advise of Mx. XXX XXX, immigration Lawyer. You need to express your regrets and must be 100% apologetic about it. 

3- You need to add strong evidence showing that your now wife is exercising treaty rights. 

4- Leave/answer any financial/employment questions either in blank or N/A.

Animo
(Cheers)


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## jayrosel (Sep 13, 2014)

@jrge thanks for the quick reply...

but on the application form the unemployment question is a drop-down Yes or NO? what should i put there? 

Also does my financial circumstances matter because i am the husband?

i submitted my wife's payslips and her work contract as proof of her exercising her treaty right.

Documents submitted 

my passport 
my wife's ID card 
(2)payslips
work contract 
skype log for a year
whatsapp log for a year
facebook messages for a year 
marriage certificate 
marriage photos and of us in the UK
her visa to Nigeria 
introduction letter 
my BSc certificate (for English exemption)
her bank statement 

please is there anything i am missing out? 

Thanks for the assistance......


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## Jrge (Mar 22, 2011)

Hi,


jayrosel said:


> @jrge thanks for the quick reply...
> 
> but on the application form the unemployment question is a drop-down Yes or NO? what should i put there?
> 
> ...


if drop down menu prompts a fixed answer, then select the accurate to your circumstances. And no, your finances are irrelevant.

Sadly, some of your fellow countrymen have abused this (any) system, hence the extra scrutiny.

Animo
(Cheers)


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## jayrosel (Sep 13, 2014)

@jrge thanks for the reply as you have been very helpful 
I included my Bsc certificate because of the English exemption.

Also is it worth mentioning to the consul that this is affecting my wife's health because when I broke the sad news to her, she cried helplessly and the next day at work she collapsed and couldn't breathe. This happens whenever she's extremely stressed. I'm scared about the health of my wife, we are young couple that just wants to be together and have a happy life...

Secondly, I've got my wife's 2payslips and work contract are these strong evidences that she's exercising her treaty right? 

Please do you think it's worth mentioning @firstquestion ? I'm putting the letter together 


Thanks once again for your help.........


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## _shel (Mar 2, 2014)

Unless you have medical evidence of such there is not much point mentioning it. Besides it forms no part of the regulations in whether to grant you entry. 

Stick to the facts that they have concerns about and privide the evidence to prove your case.


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## Jrge (Mar 22, 2011)

Hi,


jayrosel said:


> @jrge thanks for the reply as you have been very helpful
> I included my* (1)* Bsc certificate because of the English exemption.
> 
> Also is it worth mentioning to the consul that this is *(2) *affecting my wife's health because when I broke the sad news to her, she cried helplessly and the next day at work she collapsed and couldn't breathe. This happens whenever she's extremely stressed. I'm scared about the health of my wife, we are young couple that just wants to be together and have a happy life...
> ...


1) This is absolutely unnecessary and irrelevant. 

2) The language on the EU regulations doesn't address such, hence even if mentioned, it won't add any value to this type of application. FYI: an Entry Clearance Officer (ECO) is who will consider an application, not a Consul.

3) You only need to address why you failed to mentioned your then girlfriend on your previous application, as for the rest, it is up to her -EU sponsor- to elaborate on extra facts and/or circumstances.

Animo
(Cheers)


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## jayrosel (Sep 13, 2014)

@jrge Thanks once again 

I have been able to come up with a draft letter, I was wondering if you could have a read through and comment if possible as to what to add or if it's ok. 



Dear ECO, 


Letter of apology 

I am writing to indicate that the oversight of not mentioning that I was going to also visit my then girlfriend,who is my now wife was a huge mistake I made following the advise of Ms XXX XXX, immigration lawyer in lagos, Nigeria.

I regret having yield to the advise of the immigration lawyer in the applications, I am heartily sorry for haven not mentioned my sponsor. 

Please consider the severity of our situation and end our hardship. 
Thank you very much for your consideration. 

Yours sincerely, 

XXX XXX


2) Also please the last point they raised, how true is that? Because I am the spouse I don't know why that was applied to me.

"in order to qualify as a family member you are required to be dependent on the EEA national, but i am not satisfied that you are a dependent as claimed. i am therefore not satisfied that you are a family member in accordance with regulation 7."

Thank you for your patience and assistance...


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## jayrosel (Sep 13, 2014)

@jrge i am still waiting for your reply thanks


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## _shel (Mar 2, 2014)

Simply man and wife are automatically dependent on each other and 'family members'. They do not believe you are genuinely man & wife. AKA fraudulent marriage.


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## jayrosel (Sep 13, 2014)

@_shel thanks for your reply...

please will the letter of apology fix this? please advice me further....

Thanks for your assistance ....


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## jayrosel (Sep 13, 2014)

@JRGE please reply as we are loosing our minds, we want to know if what ive drafted is okay? thanks and sorry for being a pain... i am just stressed.. forgive me


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## _shel (Mar 2, 2014)

Jrge is not your personal migration agent. He comes on the forum voluntarily in his own time, patience is the key. 

You need to provide more evidence of your relationship to prove it is genuine.


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## ashkevron (May 1, 2012)

I'd say the letter needs to be much longer and much more personal, it just sounds too arrogant and demanding. It's not UK government job to end you hardship, it's their job to check the rules are being respected.

Even though my letter was for a spouse visa, me and my husband included all the details in the letter about how we met, when we met, where we met, we supplied evidence for it all (emails and Skype conversations over the years, probably some 50 pages of it, though we may have overdone it a bit and photos from joint holidays and with our friends and family, details about when and where we visited each other, when we lived together, joint paperwork for the address at which we lived together, joint hotel bookings, plane tickets etc.)

I would also state how you found the mentioned immigration lawyer, why you decided to go with him, enclose any proof of you engaging him, any possible correspondence you had with him to express your dissatisfaction for being given the wrong advice etc.

These are just some ideas, I don't know much about the EEP family permit or whatever it's called.


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## Whatshouldwedo (Sep 29, 2013)

Personally, I would take more responsibility for the error. I certainly would not name the immigration officer but would rather say that I was given bad advice but should have known better. I would be more apologetic and humble for my own lack of good sense.


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## Jrge (Mar 22, 2011)

Hi,


jayrosel said:


> @JRGE please reply as we are loosing our minds, we want to know if what ive drafted is okay? thanks and sorry for being a pain... i am just stressed.. forgive me


It is your responsibility what's written on that letter, and how to explain the circumstances to an Entry Clearance Officer (ECO). Sadly my perception of it, is that you aren't in a legit relationship and are using an EU National to enter UK. But again, that's my humble opinion. My apologies if I'm mistaken. 

Should your relationship be legit, then reapply and satisfy the reason(s) why it was denied in the first place.

Animo
(Cheers)

FYI: I have limited access to the forum whilst earning a living, hence the delay on my replies.


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## jayrosel (Sep 13, 2014)

@jrge thanks for airing your opinion of it, you are Mistaken cos we are legit but apology accepted Bcos you've been very helpful.

Lastly, can I include receipts of bank transfers between us? 

Thanks everyone, I really do appreciate. I will make amendments and reapply, will keep you posted.


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## Aconite (Mar 10, 2014)

jayrosel said:


> @jrge thanks for airing your opinion of it, you are Mistaken cos we are legit but apology accepted Bcos you've been very helpful.


I am decidedly not an expert but I must say, you might want to avoid sounding as high-handed as that in your letter as it will do nothing but annoy the ECO.


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