# Applying for EEA2 with tourist visa after EEA FP refusal



## XeniaShik (Dec 22, 2013)

Hi all! 

My name is Xenia, I am Russian, married an Italian citizen for almost 3 years, have been living in Italy for the last 3 years and still waiting for the Italian passport. 3 months ago my husband moved to London because he found a job there. 

At the beginning of his stay he had an internship there for a month so I applied for simple 6 months tourist visa just to go and visit him. Then he was proposed a full-time job and we decided to move to London together. 

Lately I applied for EEA Family Permit here, in Italy, thinking that it was necessary to get EEA2 residence card after. It had been refused. Here there is the refusal letter: 

You have applied for EEA Family Permit as the family member of an EEA national. However, I am not satisfied that your EEA national family member is residing in the UK, or will be accompanying you to the UK within six months of the date of the application, in accordance with Regulation 12(a) of the Immigration (European Economic Aerea) Regulations 2006. You state on part-3 of your application form that your EEA sponsor currently lives with you but he is not travelling with you. 
I therefore refuse your EEA family application because I am not suttisfied that you meet all of the requirements of Regulation 7 of the Immigration (European Economic Aerea) Regulations 2006. 

I suppose the main reason of the refusal was missing documents such as husband's NIN and payslips. But I presented his bank statement showing that he received the salary from the British employer and, obviously, his full-time employment contract. We decided to not reapply for EEA FP due to the lack of time, I had to be in London in one week. Moreover I red a hundred experiences that I could apply for EEA2 even with expired tourist visa. 

When I went to London with my tourist visa an UKBA officer hold me on the passport control, asked me if I had any problems with immigration agency (I explained him my EEA FP refusal) and called my husband to verify the details of my stay in the UK while he was coming to pick me up in the airport. As the officer let me in the UK I spoke with him about my refusal and he explained me that I got it because I didn't present husband's payslips and NIN and also he noticed that I am not allow to apply for EEA2 with my tourist visa, only with EEA Family Permit. Especially now when I have the refusal record Home Office will check more carefully with which visa I'll apply for EEA2. Otherwise my application will be refused over and over again and it will take years to obtain the Residence Card. 

Is this all true? 

I'd like to reapply for 6 month EEA Family Permit but the problem is my passport is valid until 11.06.2014, so I have to present the documents before 11.01.2014 to be sure that the UKBA will accept my passport. We still don't have my husband's NIN, he has already requested it 4 days ago but it takes up to 4 weeks to arrive. So if the NIN doesn't arrive before a very beginning of January I'll be forced to change my passport before applying for EEA FP. Officially it takes 3 months to get Russian passport in Italy, 1 month in Russia. Unfortunately I don't have this time... 

Anyway my questions are: 
1. Can I truly apply for EEA2 with valid Tourist Visa in London? Showing all necessary documents such as NIN and my husband's payslips. 
2. Will my EEA Family Permit refusal create any problems to EEA2 obtaining? 

I am very confused. There is no official information about it on UKBA Hone Office.

I'll be very thankful if somebody sheds some light on the situation... 

p.s. sorry for my unperfect English, I still have to practice it since my second language is Italian  Hope my post was clear


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## Joppa (Sep 7, 2009)

Simply, as your husband has been in UK for 3+ months, he must be exercising treaty rights, in this case by working, and one payslip or work contract is a necessary document to submit. Make sure your husband writes a covering letter requesting that EEA family permit be issued to you to enable you to join him in UK. The fact your passport expiring in June is no concern - you will still get your family permit on it. I too agree that getting family permit is a priority because of your record of refusal, though procedurally you can apply for residence card without (not recommended in your circumstances).


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## XeniaShik (Dec 22, 2013)

Joppa said:


> Simply, as your husband has been in UK for 3+ months, he must be exercising treaty rights, in this case by working, and one payslip or work contract is a necessary document to submit. Make sure your husband writes a covering letter requesting that EEA family permit be issued to you to enable you to join him in UK. The fact your passport expiring in June is no concern - you will still get your family permit on it. I too agree that getting family permit is a priority because of your record of refusal, though procedurally you can apply for residence card without (not recommended in your circumstances).


Well that's weird because in the EU Immigration Regulations it says that my immigration record will not be a reason to refuse the EEA2. 

_An adverse immigration history. Although an adverse immigration history is likely to weigh against issuing a residence card, an application should not be refused simply because the applicant has an adverse immigration history. Each case should be examined on its merits, taking into account all the facts and circumstances including the extent and nature of the abuse and/or fraud. Deliberate deception (e.g. obtaining leave by deception or making a false representation) will weigh more heavily against issuing a residence card than, say, remaining beyond the duration of a previous grant of leave._


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## Joppa (Sep 7, 2009)

Yes but refusal to issue EEA family permit IS relevant.


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## Jrge (Mar 22, 2011)

Hi,


XeniaShik said:


> Hi all!
> 
> My name is Xenia, I am Russian, married an Italian citizen for almost 3 years, have been living in Italy for the last 3 years and still waiting for the Italian passport. 3 months ago my husband moved to London because he found a job there.
> 
> ...


Something isn't clear here:

1- If indeed you submitted your husbands contract of employment, a FP should had to be issued: no questions asked.
2- The only grounds ECO might had based his/her decision on, was on the lack of cover letter and/or marriage certificate.

Moreover, where are you currently living? UK? Italy?
Regardless to where you are, I recommend you get a new passport book before applying for any other document. However, if you are in UK, you can apply for a RC and your previous rejection "might" require that any officer scrutinizes your application further, but will have to be approved as your spouse is currently exercising treaty rights.

If you are still in Italy, just obtain a fresh FP to enter UK the right way.

Animo
(Cheers)


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## XeniaShik (Dec 22, 2013)

Jrge said:


> Hi,
> 
> Something isn't clear here:
> 
> ...


Hi Jrge! Thank you for your help and concern! I deeply appreciate it! In fact the letter wasn't presented. 



Jrge said:


> Moreover, where are you currently living? UK? Italy?
> Regardless to where you are, I recommend you get a new passport book before applying for any other document. However, if you are in UK, you can apply for a RC and your previous rejection "might" require that any officer scrutinizes your application further, but will have to be approved as your spouse is currently exercising treaty rights.
> 
> If you are still in Italy, just obtain a fresh FP to enter UK the right way.
> ...


I'm temporary in Italy just for Xmas Eve and we were planning to move to London after. I have to understand if the obtaining of Family Permit is a obligatory pass or not. If it's better to do I would stay for 2-3 weeks more and reapply. But I have to be secure that this time they issue it for sure. If I reapply for FP the immigration officers will consider it a sort of conviction that I am legal?


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## Joppa (Sep 7, 2009)

Having a family permit for someone in your situation (joining your EEA partner in UK) is normal and you will be processed accordingly. While the immigration officer has ultimate power to decide, usually holding the permit makes hassle-free entry pretty certain.


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## Jrge (Mar 22, 2011)

Hi,


XeniaShik said:


> Hi Jrge! Thank you for your help and concern! I deeply appreciate it! In fact the letter wasn't presented.
> 
> I'm temporary in Italy just for Xmas Eve and we were planning to move to London after. I have to understand if the obtaining of Family Permit is a obligatory pass or not. If it's better to do I would stay for 2-3 weeks more and reapply. But I have to be secure that this time they issue it for sure. If I reapply for FP the immigration officers will consider it a sort of conviction that I am legal?


-*IF*- your spouse is with you at the moment in Italy and despite the fact we always recommend to obtain the proper Entry Clearance outside UK, you can travel back to UK *WITH* your husband and at Immigration Control you/your husband can ask for an entry called: CODE 1A STAMP. (Similar to a Family Permit)

You *MUST* produce:

* Marriage Certificate
* *HIS* contract of employment
* At least *HIS* most recent payslip

That entry will allow to enter UK and start off your life hassle-free.

Animo
(Cheers)


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## Joppa (Sep 7, 2009)

Expect some delay at the border, raised eyebrows or discussion among staff about what to do if you follow Code 1A option.


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