# Eea family permit refusal



## Ramona21 (Feb 8, 2017)

Hi All,

I have a question and maybe one of you can advise and help me: my husband who is an non eea member applied for an eea family permit visa to join me in England where I now live. His application was refused twice and in the letter they send to him they were saying:"I therefore refuse your EEA Family Permit application because I am not satisfied that you meet all of the requirements of regulation 23.1 and 23.2 of the Immigration (European Economic Area) Regulations 2006."
Can someone please let me know what exactly are these requirements or to what exactly they are referring too? In both refusals it was mentioned this phrase and I tried to search, but I didn't find anything. Many thanks for your advise and response.


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## Joppa (Sep 7, 2009)

Give us the full wording of the refusal letter (omitting personal details such as names). They should have spelt out how he failed to meet the requirement.


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## Ramona21 (Feb 8, 2017)

*EEA family permit refusal*



Joppa said:


> Give us the full wording of the refusal letter (omitting personal details such as names). They should have spelt out how he failed to meet the requirement.


On the first application he submitted he put an HR letter from the place he is working now. He submitted the application for visiting visa and the decision for the refusal was: "You state you are to travel for a period of 6 months to visit your wife in UK. You have submitted a letter from your employer , letter that was dated 07/11/2016. it states that they have no objection to you travelling to the UK. However, it makes no mention that your position will be held open whilst you are in the UK, for a 6 months period. i do not find it credible that an employer would sanction a 6 months holiday and would not mention the duration on a letter which mentions leave being sought by an employee.
I therefore refuse your EEA Family Permit application because i am not satisfied that you meet all of the requirements of regulation 23.1 and 23.2 of the Immigration (European Economic Area) Regulations 2006."
He did not appealed the first refusal , but he submitted a new application form (where he mentions that he wants to join and settle down with me in England) with all the papers, but this time he did not submit an HR letter from his employer. Again his application was refused and this time they were saying: "In your current application you have elected not to submit an employment letter. i am therefore satisfied that you have not addressed the reason for your previous refusal. I therefore refuse your EEA Family Permit application because i am not satisfied that you meet all of the requirements of regulation 23.1 and 23.2 of the Immigration (European Economic Area) Regulations 2006."
My question now is: should he or shouldn't he submit an HR letter? If yes, can you please let me know what exactly he should request from his HR department to have written in that letter?


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## Joppa (Sep 7, 2009)

The answer is in the ECO's comment on his previous application. Is his job being kept open while he goes to UK for 6 months? 
He must address the issues raised in his previous refusals, otherwise he will be rejected time and time again.


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## Ramona21 (Feb 8, 2017)

Okay, so in this case should he appeal the refusal and add the HR letter or again he should submit a new application and submit the letter and also mention in his application that his previous applications were refused?


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## kaff (Feb 6, 2017)

As Joppa said.

Send a new application
Add a Letter from HR saying he goes on holiday for 6 months but is expecting to come back to do his job after 6 months.
No need to mention he got rejected twice, they have the records..


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## Ramona21 (Feb 8, 2017)

Okay, many thanks for your help and prompt answers guys ?


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## Ramona21 (Feb 8, 2017)

Hi All,

I have another question:if my husband submit the HR letter where it will be specified the days/dates of his holiday , will he receive the visa for that period of time he will stay or it will be for 6 months? Thanks.


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## Ramona21 (Feb 8, 2017)

kaff said:


> As Joppa said.
> 
> Send a new application
> Add a Letter from HR saying he goes on holiday for 6 months but is expecting to come back to do his job after 6 months.
> No need to mention he got rejected twice, they have the records..


Hi, 

He cannot obtain such a letter from HR saying that his position is held for the 6 months. And also he is not coming to visit me, he is coming to settle down with me here and get a job and so on. He mentioned that in his second application, but they refused it again. What should he do? What should he have written in the HR letter? Also in the application form there is a section where they are asking if he applied for a previous visa and if it got refused, what should he say? That yes he applied and they refused it or they already have this information in their records? Thank you.


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## Joppa (Sep 7, 2009)

What he should do is first to declare visa refusals, and take responsibility for sending a confusing letter. While the reasons for previous refusals won't be relevant this time, as he is applying for settlement visa, he needs to be seen to be responsible and acknowledging his own mistakes.


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