# EEA family permit refused - centre of life



## euresident (Mar 15, 2014)

Hi 

I need some advice on how to proceed. I (British Citizen) have been working in Denmark for the last 14 months. My wife and mother moved with me to Denmark and both have been issued with a Danish residence card. My mother is a non EEA citizen but is not a visa national to enter the UK.
I applied for a family permit, showing documents that I was seconded to Denmark, she was dependent on me, monthly bank statements and mortage statement from the UK suggesting that we have a house to go back to when my secondment has been completed etc but the permit was refused with the following wording:

_I Note from your son's bank statements that you receive regular payments from him. In support of your application, you have provided payslips and letter from the employer confirming that he has an international posting of 14 months and will be returning to the UK upon completion of the posting. He has aprovided a statement of his mortage in the UK for his propery. Taking all that into account, I am not satisfied that your spouse has been exercising his treaty rights as described above or that he has transferred the centre of his life to Denmark for any meaning ful period. I am therefore not satisfied that the application meets the requirements of Regulation 9._

I don't know why it could be rejected just because I have a mortgage on a house? Or it was a finite secondment period?

A mistake I made was not submitting my daughter's birth cert. She was born in Denmark and it could have strengthened my centre of life justification. Nevertheless, I find it silly. 

Should I reapply with my daughter's birth cert or should I just appeal?

We are going home to the UK shortly and I am worried that this rejection would bar my mother from travelling to the UK eventhough she is not a visa national. 

Please advise!!!


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## Joppa (Sep 7, 2009)

Two fatal mistakes in your application were having a property in UK but presumably only a rented place(?) in Denmark, and you were on secondment to Denmark by your UK employer for a fixed period. The centre of life requirement came in at the beginning of this year, and requires the UK citizen to have made the EEA country their normal place of residence with a degree of integration and involvement. To Home Office, your case looked like a temporary relocation on account of your secondment, which doesn't meet the requirement under Surinder Singh. I don't think you can use secondment as proof of exercising economic treaty rights in Denmark and you should get a local job with local employer. As for your property in UK, you don't have to sell it but you should at least rent it out to show that you are ordinarily resident in Denmark and will be for the foreseeable future. A child born in Denmark can be evidence for centre of life but of itself it's not sufficient.


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## euresident (Mar 15, 2014)

Oh dear!

It was a secondment though. I am paying taxes etc in the UK. 

I should have gone on a local contract but I didnt know about it then. 

Is there no way around it?

Should I reapply with further prove etc?


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## Joppa (Sep 7, 2009)

You can try as it costs nothing but I can't see a different outcome. UK is really cracking down on Surinder Singh, and some argue that centre of life argument doesn't hold water under EU law, but until UK is taken to court and found guilty, nothing will change and it will take several years for a case to go through the courts. And UK may be out of EU by then and Surinder Singh route will be no more.


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## euresident (Mar 15, 2014)

If we reapply I assume we will have to mention that we have applied and was rejected ? I could try to get my contract changed to a local contract for a period of time.


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## Joppa (Sep 7, 2009)

Yes, you should disclose prior failed application. Local contract will have to run for 6 months to a year (though no minimum period is laid down) and you should show you are paying taxes and contributing to social security in Denmark etc.


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## euresident (Mar 15, 2014)

I already am paying taxes in Denmark though. Even my daughter gets money from the government in Denmark i.e. child credit.


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## Joppa (Sep 7, 2009)

Ok, then present them as evidence, but your secondment and mortgaged property in UK will still be an issue, so you need to remedy it.


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## Jrge (Mar 22, 2011)

Hi,


euresident said:


> I already am paying taxes in Denmark though. Even my daughter gets money from the government in Denmark i.e. child credit.


You should get a letter from your employer indicating you have been working in Denmark. For example: Mr. John Doe, Financial Analyst, has worked for our Organization since 14 May 2013. His monthly salary is x,xxx and reports to Mr. Adam Jones, CFO. Adding your local taxes supports any claim of exercising treaty rights.

What else have you done whilst living there? Go to a gym, library, book club, spa, religious place? Either one -no limited to- could prove your centre of life. Your daughter was born there, include any benefit(s) she might getting. 

As for your property in the UK, who's living there? Under what terms? Did you allow someone to stay and look after your investment? If so, was there an agreed compensation? 

Is not that you provided too much information, you just didn't elaborate enough. 

Animo
(Cheers)


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## Alks (Dec 11, 2014)

Dear Jopp/Jrge,

I am a brit and have been with my wife and child in ROI for almost 8 months working in full time employment. My parents joined us and we are living under the same roof for over 4 months. We want to make EEA family permit application for UK for my dependant parents. They got initial entry Visas to ROI (as from VISA requiring nation) and also have been issued with residency cards valid for 5 years.

We will submit all the documents in obtaining the residency cards plus additional documents in relation to my activities in the ROI.

In relation to rejections due to centre of life - I have noted you have mentioned you have various examples, I would be grateful if you can please share your experience in relation to dependant parents applications and processing time for this from ROI.

Thanks


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## Joppa (Sep 7, 2009)

For dependent relatives, you need to show in addition that they are dependent on you financially. Not just to maintain their standard of living (i.e. a top-up to their resources), but substantially. So you need to show a breakdown of their income (such as pensions, investment - presumably they aren't in work) and how much you are giving/spending for them each month, with evidence such as bank statement. The fact you are all living together under the same roof is good, though 4 months is rather short. 6 or 12 months is better.


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## Alks (Dec 11, 2014)

Thank you for your quick reply Joppa. I have proof of dependency both in Ireland and o/seas all summarised in spreadsheet and with enough evidence showing spend etc which goes over 200 pages. We needed this information both for entry clearance visa and residency card applications.

Since I have been in ROI for 8 months plus is it necessary for my parents to be living longer, shouldn't 4 months be sufficient with us all living under the same roof?

The home office states 10 workings days for the visa but in practice is it issued within this time frame?

Secondly, could you please share the rejection reasons due to failure to meet the transfer of life requirements?

Thanks & regards


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## _shel (Mar 2, 2014)

Your own spreadsheet is not evidence. Anyone could create that, it doesn't mean it is true. They want 3rd party verifiable evidence that they do and have lived in your home and are financially dependent. 

As you have been there 8 months and they only 4 goes some way to show they are not in fact dependents as they have not been with you the whole time.


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## Joppa (Sep 7, 2009)

200 pages? Far too long and they won't read it and just toss it aside. Condense it to no more than 10 pages, preferably less. Just show a 'typical' month.
4 months isn't long, no more than a long holiday. 6-12 months as I've said.
No way of telling how long they take. Surinder Singh cases naturally take longer as there's a lot of checking to do.
Lack of integration in host country, spending regular time in UK, such as Mon/Fri in Ireland and weekend in UK, payg as against contract mobile phone in Ireland, not joining clubs, societies, community groups and gyms. Children not educated locally and parents not involved in school life like PTA and school board. Property in UK not rented out. Job in Ireland not a proper job but more casual or transitory.


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## Alks (Dec 11, 2014)

Thanks for your reply.

Regards


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## Alks (Dec 11, 2014)

Hi Jrge/Joppa,

We applied for my parents family permits and this morning I received a call from the UKVI asking what is the reason/intentions of going back to UK where I have no job to go to and being unemployed leaving a very well paid permanent job in Ireland - he said "you have not moved your centre of life from the UK". He asked me whether I had resigned from my job in Ireland to which I said No.

I have been in Ireland over 8 months with my son and wife and have gym membership, library cards, volunteering work etc to show moving of centre of life.

He also asked questions on some expense receipts for dependency for my parents as well why we didn't apply for UK settlement VISA from the UK. 

I have received an email from teleperformance this afternoon stating that the applications have been assessed and I expect a rejection based on the aggressive nature of the ECO officer.

What are my options please should I re-apply or ask for a reconsideration?

Thanks


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## Joppa (Sep 7, 2009)

It just confirms my suspicions that UKVI is really clamping down on Surinder Singh applicants and anyone who is apparently using it to get round UK immigration law is being hammered. It's none of their business to ask about any job awaiting in UK, but their question clearly shows their disapproval of what you are trying to do. I don't know what to suggest. Perhaps wait further 6 months, continue your centre-of-life efforts and see what happens.


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## Alks (Dec 11, 2014)

Joppa said:


> It just confirms my suspicions that UKVI is really clamping down on Surinder Singh applicants and anyone who is apparently using it to get round UK immigration law is being hammered. It's none of their business to ask about any job awaiting in UK, but their question clearly shows their disapproval of what you are trying to do. I don't know what to suggest. Perhaps wait further 6 months, continue your centre-of-life efforts and see what happens.



I think it comes down to the ECO assessing the case as I know of case where an individual who did not move his family to ROI and was only in ROI for 7 months but got it approved.

I think I should ask for reconsideration and ask it to be referred to Entry Clearance Manager and European Policy Team any guidance on cover letter please?


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## Joppa (Sep 7, 2009)

Wait until you get your passport back and see what the refusal letter says. Each case is unique and a slight difference in circumstances can mean approval or rejection, and also there is a large element of judgement exercised by ECO. Just reapply, as it costs nothing and you get your answer more quickly, answering any questions posed by the rejection letter (which will form part of their consideration of your new application).
Please do not keep asking the same question attaching it to other threads. Read my warning under the stickies.


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## Alks (Dec 11, 2014)

If we re-apply, do we have to submit all the documents again plus additional documents addressing reasons for rejection?


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## Alks (Dec 11, 2014)

Joppa said:


> Wait until you get your passport back and see what the refusal letter says. Each case is unique and a slight difference in circumstances can mean approval or rejection, and also there is a large element of judgement exercised by ECO. Just reapply, as it costs nothing and you get your answer more quickly, answering any questions posed by the rejection letter (which will form part of their consideration of your new application).
> Please do not keep asking the same question attaching it to other threads. Read my warning under the stickies.


I tried to delete it after realising I posted it at a wrong place but got timed out. Can you please delete it for me on the other thread?


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## Joppa (Sep 7, 2009)

Done already.


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## euresident (Mar 15, 2014)

Hi,
Just an update on the my situation. I engaged a solicitor to deal with the rejection letter. We submitted a reconsideration request and also put in an appeal. I also got my local MP to write a letter to help with the case, which he did. Anyhow, I provided more evidence as suggested by Jorge such as local doctors letter, local bills, daughters birth certificate, local church letter. The rejection was overturned by the Entry Clearance Manager 1 week ago. We have sent off the passport and awaiting the return. Thankfully it was sorted. I must say the solicitor I engaged was very good even though they were expensive! Next step is resident card.


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