# EEA family permit refused



## British girl (Jan 22, 2014)

Hello to everybody, I really need some help and advice please…

Ok a brief summary of my situation. I am from the UK and my husband is a non EU citizen, we are now living together in another country (in the EEA) for 4 months, I am working. I want to go back to the UK with my husband. We applied for the EEA family permit but unfortunately my husband was refused. It says on the refusal notice "in view of your failure to provide documentary evidence that the British citizen is working (such as payslips) or self employed in another member state prior to returning to the united kingdom, i am not satisfied that the regulations apply in this case. I therefore refuse your EEA family permit application because i am not satisfied that you meet all of the requirements of regulation 9 of the immigration regulations 2006". 





We don’t understand why he has been refused with the reason given since we had provided evidence of my employment- insurance office confirmation letter showing my wage and tax paid for two months. Also a letter from my employer confirming I work in their company and the wage so far.

Also on the EEA family permit application form it says to give an address in the UK but I am working and living in another country so don’t have an address in the UK at the moment since it’s not possible to have home there and here as well !!! is it ok to just say that we will rent accommodation ??


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## British girl (Jan 22, 2014)

jrge could you help me please??

anybody please help me


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## Joppa (Sep 7, 2009)

Re-apply, this time actually enclosing your pay slips and bank statement showing credits.
Just a UK contact address (like a friend's) will do.


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## British girl (Jan 22, 2014)

i think the payslip is the letter i got from the insurance office: it had my name on it, national insurance number, company name, and showed two months wage and insurance on it, i asked my employer they said they also have receipt showing they have paid to the insurance office??? 

what if i have been paid cash and not into an account?? do i still need to show bank statements?

and about the address in the UK, if I put a friend or family member address would i need to include their tenancy agreement??? and would they be contacted for information?


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## Joppa (Sep 7, 2009)

Are you being paid by a company in the EEA country you live in and not working remotely for UK employer? If it's the latter, you may not be seen as exercising economic treaty rights.
Don't worry about UK address. You can even put down a hotel.


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## British girl (Jan 22, 2014)

yes i am working in a EEA country....not UK...

the insurance office letter we submitted didn't have the number of hours worked just showed income for two whole months and insurance amount too...


ok so if I was to write we will stay in hotel they won't then require to see reservation as well??


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## British girl (Jan 22, 2014)

are bank statements needed even if i have not been paid into an account??


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## British girl (Jan 22, 2014)

do you think two months work is enough....maybe that is the reason they refused??? but the refusal reason given was "failure to provide documentary evidence that the British citizen is working (such as payslips) "


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## Joppa (Sep 7, 2009)

When did you apply? A change in Surinder Singh rule means you need stronger evidence of having moved the centre of your life to an EEA country. 
Don't worry about UK address. You can put any contactable address without evidence.


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## British girl (Jan 22, 2014)

we applied in December, and my husband handed in documents to embassy end of December...and then a week ago we got his refusal notice!!!


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## bunzidia (Jun 21, 2013)

*British Girl* - I am so sorry to hear about your problem in applying for the EEA family permit. My wife and I are in a similar situation and hearing your decision fills us both with dread, as we are just about to apply for ours. Might I ask what country you are apply from? She is applying from France with me marked as a self-employed person and frankly we feel like it's a shot in the dark... we were curious how it works in other EEA countries.

We wish you and your husband the best of luck - hang in there!


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## Jrge (Mar 22, 2011)

Hi,


British girl said:


> Hello to everybody, I really need some help and advice please…
> 
> Ok a brief summary of my situation. I am from the UK and my husband is a non EU citizen, we are now living together in another country (in the EEA) for 4 months, I am working. I want to go back to the UK with my husband. We applied for the EEA family permit but unfortunately my husband was refused. It says on the refusal notice "in view of your failure to provide documentary evidence that the British citizen is working (such as payslips) or self employed in another member state prior to returning to the united kingdom, i am not satisfied that the regulations apply in this case. I therefore refuse your EEA family permit application because i am not satisfied that you meet all of the requirements of regulation 9 of the immigration regulations 2006".
> 
> ...


Is it possible for your employer to formally give you single payslips? Also, have you been able to joint social clubs/teams? With the new rules you might be asked to prove that you had moved the centre of your life to that EU State.

Don't worry about an address in UK. It's no necessary.

Animo
(Cheers)


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## British girl (Jan 22, 2014)

Bunzidia- we're in Cyprus, thank you for wishing us luck we really do need it...we are getting really frustrated and upset with the situation....it has been such a long road so far for us....and now me leaving UK and coming to another country to try and get my hubby there....

Jrge- my employer said that the letter I have from the insurance office is what is needed and also they mentioned they have some receipt showing that they have paid to the insurance office which I could have also???


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## British girl (Jan 22, 2014)

Jrge- I haven't joined any clubs....what do we have to do to show here is the centre of our life?? when did the rules change? also are bank statements needed even if i received my wage cash and not into an account ???

Bunzidia-I wish you all the luck too...


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## Joppa (Sep 7, 2009)

Changed from 1st January. They mention being integrated into the EEA country and while it doesn't give any timeline, it remains to be seen how anyone can claim to have shifted their centre of life without a significant period of time on the new country.


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## British girl (Jan 22, 2014)

what should I do then regarding my husband making a fresh EEA family permit application- should we show bank statements then this time even though I don't have my wage paid into an account? and regarding payslips, here is different it's not the standard payslip like we get in the UK, my employer referred me to the insurance office to get some paper from them which pretty much has all my details except number of hours worked (it says for the whole month how much I got) ???

all your help is greatly appreciated...:fingerscrossed:


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## British girl (Jan 22, 2014)

and if we have to show here is the centre of our life how long would we be expected to remain here then ???


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## Joppa (Sep 7, 2009)

Look at a new thread on Surinder Singh. Reading between the lines, Home Office is thinking more like years rather than months.
Perhaps an explanation from your employer about the insurance office-generated pay information?


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## British girl (Jan 22, 2014)

it is absolutely sickening that they have changed the rules....

how long you think is needed?


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## Joppa (Sep 7, 2009)

My hunch is one year at least, and you have to set down roots actively in your new country by signing up with a gym, sports club, taking language lessons (if needed) etc.


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## British girl (Jan 22, 2014)

aha, so you think even if we make a fresh EEA family permit application soon, they still might refuse then?


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## Crawford (Jan 23, 2011)

What is this insurance office you keep on referring to?

Having a letter with certain details issued by a third party as opposed to payslips giving all details of amount paid, tax paid etc issued by your employer is probably not proof enough that you are _working and earning_ as one usually understands that phrase.

Why can't your employer issue you with payslips? Can you show those wages going into a bank account? Do you get paid by cheque or cash?


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## British girl (Jan 22, 2014)

Crawford-where they pay tax, so call it tax office.....I will ask employer again about payslips....I get paid by cash so not into an account....



what does everybody here think.....you think even if we make a fresh EEA family permit application soon, they still might refuse then??

also another thing I wanted to ask is what if I change my job now after three months working in my current job.....will this have any effect on the application?? 

I mean right now WE ARE gonna make a fresh EEA FP application in a few days time but if we get refused again I might change my job to another one (if it's possible!!!) ...is this ok you think ??


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## Jrge (Mar 22, 2011)

Hi,


British girl said:


> Crawford-where they pay tax, so call it tax office.....I will ask employer again about payslips....I get paid by cash so not into an account....
> 
> what does everybody here think.....you think even if we make a fresh EEA family permit application soon, they still might refuse then??
> 
> ...


If you intent to lodge a fresh application, it is recommended to solve those "issues" ECO wasn't satisfied with. Changing jobs still will not count as part of "Centre of life" but, as part of you exercising treaty rights.

You have also been directed to the most recent changes to the regulations, for which you might have and are encourage to follow.

Animo
(Cheers)


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## Cherisher (Jan 25, 2014)

I know this might not be correct thread to post in, but I will be glad if anyone can help out. Special request to Jrge and Joppa.

I'm applying for EEA family permit to join my Spanish partner in UK very soon. Although I have legal status in Spain right now but in the past, 1 week before my UK Student visa was about to expire, I left UK to travel illegally in many European countries.

How does this affect my chances for visa via EEA FP and should I reveal information about all the countries that I have travelled illegally?? as there is a related question in the visa application 

(Note:I don't have criminal history in any country I travelled)

Thank you in advance


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## British girl (Jan 22, 2014)

It is just craziness bringing this new rule "centre of life" into the equation....don't you think?


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## Joppa (Sep 7, 2009)

Obviously, the government was concerned over people with only a tenuous connection with an EEA country and using it to bring a family member.


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## Jrge (Mar 22, 2011)

Hi,


British girl said:


> It is just craziness bringing this new rule "centre of life" into the equation....don't you think?


Craziness? ....With all due respect, would you like to sponsor your non-EU spouse under UK immigration rules instead?

Animo
(Cheers)


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## British girl (Jan 22, 2014)

actually I would have preferred to remain in my country (UK) rather than coming to another country just to get our basic right for my husband to be with me in the UK....but our situation is complicated and choices limited SO we came here to try and see what can be done....all I can say is that even after all our efforts...by the time they are satisfied with our "centre of life" we will be settled here ...and maybe not want to leave.....so I kinda feel like I'm being pushed out of my own country... 

We are confused right now...whether we should make a fresh application....my hubby got refused a couple of weeks ago and there was no mention of this new "centre of life" criteria you mentioned....and if the rules changed on the 1st of this month surely then that would have been mentioned in the refusal notice too then?? but it only said that we didn't show documentary evidence of my work....


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## AmyD (Jan 12, 2013)

Part of your frustration, I think, is that you think your husband has a "basic right" to live in the UK with you. He doesn't. If you change your mindset so you don't feel quite so entitled, it might help you think through the problem logically, thereby helping you to achieve your goals.

Good luck!


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## British girl (Jan 22, 2014)

well what about other EU citizens that are living and working in the UK and have brought their non EU spouse, so you think they have more entitlement than an actual British citizen wanting her husband to be with her in her own country??


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## Joppa (Sep 7, 2009)

Yes, but under Surinder Singh, UK government can impose extra conditions (with approval of EU - Denmark has something even more draconian).


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## British girl (Jan 22, 2014)

I wanted to ask people on here for advice about whether my husband should be including copies of flight tickets to the UK for himself and me?? will this help?? I read somewhere that somebody got their EEA FP granted after they included flight tickets in with the rest of documents to the embassy.....

also another thing I read somewhere is that someone without EEA FP arrived in the UK and just explained their situation at the airport?? I mean is it possible to board an airplane without having EEA FP in your passport???


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## Joppa (Sep 7, 2009)

You should not buy a ticket before getting your permit.
There is a little-known avenue of requesting Code 1A stamp, but my recommendation is always to get family permit.


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## British girl (Jan 22, 2014)

is this 1a code stamp applicable to us? me being British...is it possible? also would my husband be able to fly with me to the UK ??


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## Joppa (Sep 7, 2009)

What is his nationality? If he is a visa national, without EEA family permit most airlines will refuse him to board a flight for UK. Also, as a Surinder Singh case, asking for Code 1A stamp is unlikely to work.


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## British girl (Jan 22, 2014)

he is from Iran


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## British girl (Jan 22, 2014)

so how come I read somewhere that somebody without EEA FP arrived in UK...how did they board plane??


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## Joppa (Sep 7, 2009)

Possibly they weren't visa nationals.


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## British girl (Jan 22, 2014)

Hello everybody....hope you are all well....

I've not been on here for a long time....I have good news.... my husband was granted his family permit third time lucky!!! and now we have been in the UK for two months!!!

so there is always light at the end of the tunnel..... 

feel free to ask any questions about what documents we included with our application form


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## Jrge (Mar 22, 2011)

Hi,


British girl said:


> Hello everybody....hope you are all well....
> 
> I've not been on here for a long time....I have good news.... my husband was granted his family permit third time lucky!!! and now we have been in the UK for two months!!!
> 
> ...


What documents did you include to support his application?

Animo
(Cheers)


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## eurix (Nov 20, 2013)

Hello British girl!

I am a Filipina now living in Cyprus (has residence card) with my British husband. We have been here since December 2013 and he has been actively looking for work since January, although we chose for him to be self employed instead (has social insurance, local bank account, invoices). We are wondering when will be the appropriate time for us to apply for family permit to go to UK (I was refused family visit visa last Oct 2013 because my husband was living with me in the Philippines so we chose to go to Cyprus instead). It's been very difficult for us since we are newly married. The stress that his government has put upon us is incredible!! Could you please tell us the documents you provided? Did you submit bank statements as I don't recall this is necessary.. we are only starting up business so not earning alot of money! How long does it take for them to approve the application? Did you pay for anything? When you submitted online application and scheduled for the date, did you find it easy to select closest date possible? In the Philippines, I had to wait 2 weeks to 1 months for us to go to Visa Centre and submit the application! Sorry I asked too much, just want to make sure we are well prepared!!

Thank you so much!
Eurix


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## Joppa (Sep 7, 2009)

Remember the rules changed in January and the EEA national under Surinder Singh rule must now show they have moved the centre of their lives to the EEA country they live in, i.e. fully integrated into local life and having a permanent home. From Jrge's experience, you must have solid financial information over a long period, breakdown of work duties (in case of self-employed, I'd imagine schedule of work, projects etc), local involvement such as active membership of and involvement with charitable, sporting and religious organisations, learning local language. Full financial details too, so bank statement, invoices, accounts etc. 
I don't know when you can apply, but I suggest you wait until the business is fully established and up and running, with money coming in to support your full integration. Property ownership or long-term rental will be needed too.


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## eurix (Nov 20, 2013)

Thank you Joppa, I have been reading forum threads here and you seem to be very helpful! We are living in his parents' property so we don't pay rental. We will do our best to start getting more involved with local community as we have been busy trying to sort my residency and web design business (not much businesses going on as of now). This is very frustrating! *Sigh* But anyways, thank you so much and will do my best to be more active in this forum as well because people here are very nice!


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## British girl (Jan 22, 2014)

we included 3 payslips for 3 months from insurance and revenue office, letter from my employer, my registration certificate, my husband's receipt for residence card, didn't include bank statements


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## mrs.mdeben (May 11, 2014)

Hiya britishgirl. I applied for family permit last week and still waiting for an answer. Me and my british husband is living here in cyprus for quite a while. He was here since 2004 since he studied his a levels here and me being here since i was a kid as my parents are living here, anyway im filipina. 

Just want to ask if what kind of documents did u sent? Did you sent any documents showing that you moved your centre of your life here in cyprus? How long does it take to reciv an answer? 3weeks?


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