# EEA Family permit REFUSED



## Totix (Jul 25, 2013)

Hello to everyone I'm italian national wich live in uk for almost 15 years on 15/06/2013 I married my wife Ukrainian national straightforward we apply for her visa to join me as family and live in england permanently but unfurnatly was refused.

Here is the letter of refusal:

Your Application

You have applied for admission to the United Kingdom by virtue of European Community Law as the family member of a European Economic Area national who is exercising, or wishes to exercise, rights of free movement under the Treaty of Rome in the United Kingdom.

The Decision

You have provided only a marriage certificate and a few photographs in evidence of your relationship with an Italian national. There is no evidence of cohabitation or relationship. You have therefore failed to demostrate satisfactory that both you and your sponsor intend to live permanently with each other as his or her spouse or that there is any affection and support between you. You have also failed to demonstrate that there is any substance to the marriage and this gives rise to suspicions that your marriage is one of convenience to facilitate your entry to the UK. Therefore on the balance of probabilities I am not satisfied that your relationship with your sponsor is genuine and subsisting.

Member states are entiled to be satisfied that you are in a genuine relationship with the EEA national. A genuine relationship extends beyond a marriage certificate and can reasonably be taken to refer to one that has substance and history.

The definition of 'spouse' in the Immigration (European Economic Area) Regulations 2006 does not include a party to a marriage of convenience. I amsatisfied that you are party to a marriage ofconvenience and are therefore not the family member of an EEA national in accordance with Regulation 7 of the Immigration (European Economic Area) Regulations 2006.

I therefore refuse your EEA family permit application becouse I am not satisfied that you meet all of the requirements of Regulation 12 of the Immigration (European Economic Area) Regulations 2006.

Now we trying to apply for second time, any one can suggest wich document to attach this time? I try to contact them by email but they dont give information about the documentation we should provide...
Last time i send them photo of our holiday in Turkey, marriage certificate, skype log I'm really lost my wife now its 6 month pregnant and im stuck in ukraine with her waiting for her visa hope some one can suggest me something any kind of help will be appreciate
Thanks


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## Joppa (Sep 7, 2009)

You should submit the same kind of evidence as required under UK immigration rules to prove a genuine relationship.
First, letter of introduction from her and letter of sponsorship from you, in which you describe briefly your relationship history, significant events and future plans. Describe any shared interests, belief and philosophy. Then evidence of cohabitation, both before (if relevant) and after marriage (rental, joint bills etc). Travel and holidays together with travel tickets, hotel receipts and photos. Joint financial responsibilities. 
See http://www.ukba.homeoffice.gov.uk/s...IDIs/chp8-annex/section-FM2.1.pdf?view=Binary


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## Totix (Jul 25, 2013)

thanks a lot joppa we follow that guide u suggest us and we get the visa in 4 days we are now both in england 

now we was wondering if we want mam of my wife come here, becouse on october my wife will give birth and she would like to have her mam with her for assistent and help, wich kind of visa and documentation and requirement from our side and her mam side?what u can suggest us?

thanks a lot for ure help
Regards


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## Joppa (Sep 7, 2009)

There is a chance her mother can get EEA family permit as her family member, but you have to show she is financially dependent on you or your wife. 

Otherwise just get a family visit visa, you or your wife acting as her sponsor - providing free board and lodging etc.


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## Totix (Jul 25, 2013)

Joppa, could you please explain what does mean "financially dependent on you or your wife" in which way we have to prove it? At the moment I don't have a job, my wife as well (as we just came back from Ukraine after visa obtained).

We live with my parents in the big house, where we going to invite my wife's mother, so maybe my mother can be her sponsor, or only me?

Her mom lives in Ukraine, she is working, has some property, and she has never been abroad. As you suggest we need to provide free board and lodging for mother of my wife, how does it work?

Can you help us to choose right way to get visa, and which is maximum time mother can come to visit us here? 

Thank you in advance for any help!


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## Joppa (Sep 7, 2009)

By financially dependent, you are sending her money each month to pay for her living costs. But as it seems she has a job and owns a property, this doesn't apply so she isn't eligible for EEA family permit.
Just sponsor her for family visit visa. With luck, she may get the full 6-month multi-entry visa. Read UK Border Agency | Sponsoring a general visitor


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## Totix (Jul 25, 2013)

hi Joppa! it is Elena. I need your help please to clarify the next few moments. The situation is: I am 7 month pregnant and I don't work, my husband has not job at the moment (he has savings on the credit card around 13 000 pounds).

We are living in the big house of husbands parents. His mother has a well-paid job as a nurse. I stay in England permanently, but I have temporary 6 month EEA family member VISA (joined my husband which is EEA nation Italian, we just married in Ukraine in June this year and in future I will prolong my visa for permanent).

We are thinking the best way to organize it, what if mum of my husband will be sponsor (cos husband has no job and me too), is it variant?

Also, which documents my mom has to show for applying as family visitor? (as I understand you suggest category Family Visitor).

Hope you may help me to resolve this questions.

Thanks for information you have already give us. It was very useful!


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## Joppa (Sep 7, 2009)

Wait until our EU expert Jrge logs in.


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## Jrge (Mar 22, 2011)

Hi,


Totix said:


> hi Joppa! it is Elena. I need your help please to clarify the next few moments. The situation is: I am 7 month pregnant and I don't work, my husband has not job at the moment (he has savings on the credit card around 13 000 pounds).
> 
> We are living in the big house of husbands parents. His mother has a well-paid job as a nurse. I stay in England permanently, but I have temporary 6 month EEA family member VISA (joined my husband which is EEA nation Italian, we just married in Ukraine in June this year and in future I will prolong my visa for permanent).
> 
> ...


Unless you can produce evidence that your spouse's mother supported you financially before coming to UK, I'm afraid any application you lodge will be denied. However, if she adds your spouse to her bank accounts, he could sponsor you on a self-sufficient basis, where bank statements showing enough savings to cover all household expenses for at least 6 months will be required, as well as Comprehensive Sickness Insurance (CSI).

The latter is rather tricky and often times creates tension among them (mum and son) therefore, I suggest your spouse finds a job -even a part time, in order to successfully sponsor your RC independently of his mum's wealth (resources).

As for your mum's entry, please refer to link previously provided by Joppa.

Animo
(Cheers)


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## Totix (Jul 25, 2013)

Hi Jrge there is little miss understanding, I'm already living with my husband in hes parents house,(I have 6 month multientry visa) I will give birth on october and i would like that mom wich living in Ukraine she could came to see me for short period of 3 month and then back to Ukraine my husband doesn't work at the moment becouse hes preparing to open hes own business, so I was wondering wich is the best way to approch visa for my mom, can mother of my husband be her sponsor while he doesn't have job?
thanks for help

Regards


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## Joppa (Sep 7, 2009)

Yes, that will be fine.


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## Jrge (Mar 22, 2011)

Hi,


Totix said:


> Hi Jrge there is little miss understanding, I'm already living with my husband in hes parents house,(I have 6 month multientry visa) I will give birth on october and i would like that mom wich living in Ukraine she could came to see me for short period of 3 month and then back to Ukraine my husband doesn't work at the moment becouse hes preparing to open hes own business, so I was wondering wich is the best way to approch visa for my mom, can mother of my husband be her sponsor while he doesn't have job?
> thanks for help
> 
> Regards


Under EU regulations? No. 

Animo
(Cheers)


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## Totix (Jul 25, 2013)

dear Joppa, one more question. Is it fine if my husband will show his bank statements only? or have a job is an essential condition to give sponsorship to my mother? also my mum has some savings on account, so she is able to pay for her flight, plus my husband's sponsorship and plus accommodation will provide my husband's mother?

she will apply for certain reason : to be present on my baby's giving birth, so she is not intend to stay in UK or being as tourist, I think they (clearance officers) must to have no suspections on this case, am I right?

are chances good to get* family visitor visitor?
*

thank you for any information and help!

With best wishes, Elena.


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## Joppa (Sep 7, 2009)

Yes, either family visit or general visit visa. The two have similar requirements. See how to sponsor a visitor in UK Border Agency | Sponsoring a general visitor. 6-month bank statement is required. Job isn't necessary, but there must be enough disposable income to support your mother. Plus accommodation and strong ties in Ukraine so that she will go back.


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## Totix (Jul 25, 2013)

thanks a lot!!!


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## Totix (Jul 25, 2013)

hi again) it's Elena, writing to ask for your opinion.
it's about my mom visa.

she applied for a family visitor for short time visit (around 30 days), I' ve wrote letter of invitation, as daughter, that i invite my mom for reasonable purpose of my baby's giving-birth.

but as sponsor will be my husband (from his side bank statement around 12 000 gbp), and as we live in his parent's house we also include letter from them, that they give accommodation to my mom and all supported doc-s (mortgage payments, statements, tax etc...)

from my mom: letter, her statement (around 500 gbp) which she will spend on visa fee, traveling, flights and some for spend in UK, her marriage certificate, doc-s on car and flat, and letter from work with dates of permitted vacation.

also proof from hospital with date on which i'm going to delivery baby.

*i am only worry because* sponsor is not me, as i have no job, no savings, and just came 2 months ago. i just invite her as my family member. and my husband and his parents are sponsors.

what do you think about chances and did i organize all document in an appropriate way?

thank you in advance for any suggestions!!!)


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## Totix (Jul 25, 2013)

what about the tickets, shall she book them now, before visa's decision or better after?


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## Joppa (Sep 7, 2009)

Being sponsored financially by your husband and his parents is absolutely fine.
Don't buy ticket (unless fully refundable) till visa is issued.


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## Totix (Jul 25, 2013)

hi again joppa! it's elena. my mom got visa, thank for your advice

I've got question about my permission to stay in UK. 

the case is that my visa EEA family permit will expire on february 2014, in 4 months. what shell I do after visa is finished? shall I start make some documents now (resident car) or I can wait untill I get Italian passport (approx 1 year)?

also, due to my circumstances, can we apply for council house (we want to move from parent's house with newborn baby soon), or that will be problem for my visa and so on?


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## Totix (Jul 25, 2013)

hi again joppa! it's elena. my mom got visa, thank for your advice

I've got question about my permission to stay in UK. 

the case is that my visa EEA family permit will expire on february 2014, in 4 months. what shell I do after visa is finished? shall I start make some documents now (resident car) or I can wait untill I get Italian passport (approx 1 year)?

also, due to my circumstances, can we apply for council house (we want to move from parent's house with newborn baby soon), or that will be problem for my visa and so on?


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## Guapa negrita (Jul 7, 2014)

Hi everyone!!!

How are you guys? I'm new here and would like to ask you about the EEA family permit.. Could you please help me? I am a Filipina just recently got married to Spanish national here in the Philippines last May 12, 2014. We met online last September 2013 and met in person in March 22, 2014 and lived together for the whole duration of his stay here in Philippines and continue talking and seeing each other thru Skype and mobile.. My husband is in UK for 1 month now and he is working. About providing financial requirements, he is working but on the UKBA website, it is indicated that we are not required to provide financial dependency so it means that we don't need to? Did I understood it right?

We have questions about the application and the UKBA email inquiry doesn't reply to my queries.. Hope you could response to my message.. Thank you.

These are the requirements that we will be submitting:

certificate of marriage
his national ID
his passport
my passport
his declaration letter
his airline round-trip ticket (his visit to Philippines)
photos (travel photos, civil marriage, us being together)
money transfer (two months)
hotel and accommodation
his work contract
letter as evidence of genuine relationship

We will be applying it this month..


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## Joppa (Sep 7, 2009)

You can't send his passport as he needs it in UK. Just send a copy certified by the Philippine Embassy. If you enclose passport copy, you don't need his ID card.
Make sure anything not in English is professionally translated.
The rest look ok.


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## Guapa negrita (Jul 7, 2014)

Joppa said:


> You can't send his passport as he needs it in UK. Just send a copy certified by the Philippine Embassy. If you enclose passport copy, you don't need his ID card.
> Make sure anything not in English is professionally translated.
> The rest look ok.


Thank you for your immediate response. I only include a copy of his passport not the original because he is using it, yes. But it was not certified by Philippine Embassy just a notarize one from Spain. How about proving the genuineness of our relationship because we just recently got married? I've read on some that they might suspect marriage of convenience but we are not. and we should provide evidence of genuine relationship..


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## Guapa negrita (Jul 7, 2014)

Hi Joppa! 

Please, can you also enlighten us about the exercising of treaty rights? My husband started working in UK since 2004. He came back to UK on May 18, 2014 after being away for 2 years and started working on May 22, 2014. Do we have to provide evidence that he is exercising his treaty rights? Does the UKBA count it from the time of application of visa? Or from 2004? or from May 18, 2014? hoping for your response. And thank you for helping us..


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## WestCoastCanadianGirl (Mar 17, 2012)

Guapa negrita said:


> Hi Joppa!
> 
> Please, can you also enlighten us about the exercising of treaty rights? My husband started working in UK since 2004. He came back to UK on May 18, 2014 after being away for 2 years and started working on May 22, 2014. Do we have to provide evidence that he is exercising his treaty rights? Does the UKBA count it from the time of application of visa? Or from 2004? or from _*May 18, 2014*_? hoping for your response. And thank you for helping us..


Since your husband left the UK for two years, he ceased exercising his treaty rights on the day that he left. He must be present in the UK and actively living and working here in order to be considered as exercising treaty rights.

Once he returned to the UK in May 2014, the UKBA would consider him to be exercising treaty rights once again, and the clock would then re-start from zero in regards to his (and ultimately your) quest for permanent residence.


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## Guapa negrita (Jul 7, 2014)

WestCoastCanadianGirl said:


> Since your husband left the UK for two years, he ceased exercising his treaty rights on the day that he left. He must be present in the UK and actively living and working here in order to be considered as exercising treaty rights.
> 
> Once he returned to the UK in May 2014, the UKBA would consider him to be exercising treaty rights once again, and the clock would then re-start from zero in regards to his (and ultimately your) quest for permanent residence.


Thank you so much WestCoastCanadianGirl! He is in UK for a month now and working. Do we have to provide evidence of exercising his treaty rights or not because he just been in UK for a month?

And also can I ask you about if we have to provide more documents aside from the ones I included on my previous post as evidence of genuineness of relationship? Thank you


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## Jrge (Mar 22, 2011)

Hi,


Guapa negrita said:


> Thank you so much WestCoastCanadianGirl! He is in UK for a month now and working. *Do we have to provide evidence of exercising his treaty rights* or not because he just been in UK for a month?
> 
> And also can I ask you about if we have to provide more documents aside from the ones I included on my previous post as evidence of genuineness of relationship? Thank you


Yes, if your EU sponsor is currently a worker in the UK, you should include either their contract of employment and/or payslip.

Animo
(Cheers)


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## Guapa negrita (Jul 7, 2014)

Jrge said:


> Hi,
> 
> 
> Yes, if your EU sponsor is currently a worker in the UK, you should include either their contract of employment and/or payslip.
> ...


I already have his contract of employment, should be enough no? because he only have 4 weeks of payslip which is a equivalent to one month of payslip.. Thank you so much for your response!


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## Guapa negrita (Jul 7, 2014)

Do you think they will suspect a marriage f convenience because my husband and I met online? and just married recently? I have read on the UKBA website that "if applying as a spouse or civil partner, there are no grounds to consider that the marriage or civil partnership is one of convenience". I have read in this forum that EEA FP was refused due to suspicion of marriage of convenience.. But we are also including our Skype and Facebook conversations as evidence and a letter about our relationship story and signed by both of us..

Can you please all enlighten me about this? Thank you so much! Really appreciate all your help!

We are preparing all the documents for the application and will submit this month..


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## Joppa (Sep 7, 2009)

Yes, they may suspect marriage of convenience so you should send in evidence as you have suggested, such as co-habitation (joint bills, bank account, letters with same address etc), photos, travel tickets, Skype etc. How much is up to you but it's good to have a varied range of evidence.


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## Guapa negrita (Jul 7, 2014)

Thank you. We don't have joint bank accounts but I have a money transfer receipts. We didn't stay in one place that long because we went to places here in the Philippines and the bills are included in the payments of the house. I will including everything we have.. Thank you for your help..


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