# Refusal EEA Family Permit - leaving or staying in the UK?



## MarcoGvantsa (Nov 14, 2014)

Hello everyone,
I am Marco. First of all, thank you for the great contribute of this forum, from yesterday I have read several posts which were very useful and could have been before the refusal.

This is our situation. 
My background: 
Italian (EEA national)
Currently living and working in the UK from 25th of October 2014 with part-time contract
Married my wife in Georgia on 3rd of October 2014 (marriage registered in Italy)

My wife’s background:
Georgian (non-EU)
Currently living in Georgia

She applied for the EEA Family Permit on 24th of November 2014. This is the list of documents that we have provided:
-	Proof of relationship (marriage certificate, pictures, emails, tickets, etc). 
-	Passports (both)
-	My declaration that my wife would be joining me
-	Financial information (bank accounts, savings and income of both) 
-	My contract of employment in the UK
-	My NIN number (received by post in the UK)
-	Her TB test
-	An additional sponsor’s document

Although I gave them copy of my contract of employment and of my NINO application, they stated this:
“You have provided a letter from Job Centre Plus which states that your spouse registered for a National Insurance Number (NINO) on 10/11/2014, as well as a job offer letter dated 25/10/2014 for employment as [JOB TITLE] in the UK. However, there is no evidence that your spouse took up this employment and there is no evidence that your spouse was in the UK when he submitted his application for a NINO”. 

As consequence, she was refused her permit because she has “not provided any evidence that your spouse is currently residing in the UK in accordance with the EEA Regulations as qualified person, or that he is exercising his treaty rights”. Yet “I am not satisfied that your spouse intends to travel to the UK within 6 months”.

To me, it sounds ridiculous for two reasons:
a)	I have provided them a real contract, signed by me and my employer, not a job offer letter.
b)	It is physically impossible to submit an application for a NINO if you are not present in the UK, because they ask you and check your ID card/passport at the Job Centre Plus.

By reading many posts on this forum, I understood that so many documents were not necessary and that our application was not strong enough to get the visa. Specially on my cover letter, I guess I focused too much on convincing them that our relationship was legit, neglecting the aspects which we received a refusal for.

Having said that, I am going to quit my job and leave this country for the moment, but we do not want to give up so easily. My plan is to go back to Italy and she will try to get an Italian residence card there (like this we will stay together at least); after this we want to apply again for the EEA Family Permit from Rome.

Considering that I am going back to my country in 2 weeks, my questions are: 

Will leaving the UK complicate our position in the moment we re-apply from Italy?

Would it be better if we re-apply while I am still living and working in the UK? 

In any case, do we have strong grounds to appeal this refusal? Based on what article?
How we can prove "intention to travel to UK within 6 months"?

Sorry if I was not short and thank you for anyone who will answer and give an opinion.


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## _shel (Mar 2, 2014)

No need to be so dramatic. A contract doesnt show you exercising treaty rights, just show you were offered a job. You need to show you have taken up that job, If you started the job just reapply with a pay slip.


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## MarcoGvantsa (Nov 14, 2014)

_shel said:


> No need to be so dramatic. A contract doesnt show you exercising treaty rights, just show you were offered a job. You need to show you have taken up that job, If you started the job just reapply with a pay slip.



Thank you Shel. My job doesnt issue pay slips. What else can I represent as substitution?


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## Crawford (Jan 23, 2011)

MarcoGvantsa said:


> Thank you Shel. My job doesnt issue pay slips. What else can I represent as substitution?


What type of job do you have that does not issue pay slips showing gross wages, tax and other National Insurance payments? 

Are you paid in cash?- even so, you should have a payslip. Otherwise your "job" does not sounds as though it is legitimate. 

if you cannot show payslips and payments into a bank account then your letter of employment and your NIN are meaningless. Plenty of people have NIN's but do not work.


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## _shel (Mar 2, 2014)

Payslips are a legal requirement so ask for one. They are breaching employment law to refuse.


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## MarcoGvantsa (Nov 14, 2014)

Thank you Shel and Crawford. I will ask for pay slips at work. I am working as a kitchen porter and as I have heard they don't give pay slips. I will figure it out then.


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## Jrge (Mar 22, 2011)

Hi,


MarcoGvantsa said:


> Hello everyone,
> I am Marco. First of all, thank you for the great contribute of this forum, from yesterday I have read several posts which were very useful and could have been before the refusal.
> 
> This is our situation.
> ...


It seems that ECO made a mistake whilst reviewing your spouse's application:

1) Because you've been in UK for lesser than 3 months, no evidence of employment is required

2) You are indeed correct to say that to apply and obtain a NINO as EU-National, you must attend an interview, hence must be physically present in UK

3) Your contract of employment should be generic, hence no pay slips should be required. However, have you read that contract? Does it classify you as employee or self-employed? If it's the latter, you will not get pay slips.

What to do:

1) Get a copy of your tenancy agreement and/or council tax bill

2) Double check your contract of employment

3) Revamp your cover letter by adding these: 
(_*As EU National exercising my rights of freedom of movement in the United Kingdom, I herein request you kindly issue an EEA-Family Permit for my wife "xxx zzz" on an accelerated basis in order for her to join me on "SS-sssss-2015") -*_ 

and close your letter with this: 

"_*Should you have any queries regarding this application, please feel free to contact me directly at [your phone number], I also welcome electronic communications @ [your email address]"*_

4) Reapply ASAP

5) There's no reason to quit your job (unless you don't like it anymore)

Please let me know if you have any questions or need more guidance. Without looking at your file I can tell ECO misjudged your spouse's application.

Animo
(Cheers)


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## MarcoGvantsa (Nov 14, 2014)

Jrge said:


> Hi,
> 
> It seems that ECO made a mistake whilst reviewing your spouse's application:
> 
> ...



Thank you Animo! You are extremely helpful. 
Yes, you are absolutely right that our application has been misjudged. According to the article Regulation 2006, I have Initial Right of Residence with my spouse up to three months, without exercising my treaty rights. 
I have several questions and I would be thankful if you could give me some advice:
1.	Shall I introduce pay slips and try to discard decision made by visa officer, referring to the previous application explaining that NIN was done from UK and my contract was not a job offer? Or shall I stress on the aspect that based on the right of initial residence we are not obliged to represent any proof of employment?
2.	How can I prove that I am in UK since 14 October? I have been living in accommodations for short terms only as its cheap and hiring long term single room in London is not easy. 
3.	For the moment I don’t have tenancy agreement. Shall I make it now for a single person or rent a place showing that its for a couple and that my wife has somewhere to stay?
4.	Can you advice any place where I can hire a room promptly? 
Thank you again a lot!


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## Jrge (Mar 22, 2011)

Hi,


MarcoGvantsa said:


> Thank you Animo! You are extremely helpful.
> Yes, you are absolutely right that our application has been misjudged. According to the article Regulation 2006, I have Initial Right of Residence with my spouse up to three months, without exercising my treaty rights.
> I have several questions and I would be thankful if you could give me some advice:
> 1.	Shall I introduce pay slips and try to discard decision made by visa officer, referring to the previous application explaining that NIN was done from UK and my contract was not a job offer? Or shall I stress on the aspect that based on the right of initial residence we are not obliged to represent any proof of employment?
> ...


1) Because your cut off date is within a week, if you now have a pay slip send it in. Otherwise send in your contract of employment.

2) Did you get to the UK by Airplane, car, boat? I'm sure you paid for a ticket and got an itinerary.

3) On your cover letter you can indicate to be living temporarily on "x" address and upon arrival of your wife, both of you will be looking for a more suitable Accomodation.

4) I would steer clear from gumtree. There are groups on Facebook that offer shared Accomodation. Search for VENenIN. They always have rooms to offer. 

Animo
(Cheers)


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## MarcoGvantsa (Nov 14, 2014)

Jrge said:


> Hi,
> 
> 1) Because your cut off date is within a week, if you now have a pay slip send it in. Otherwise send in your contract of employment.
> 
> ...


Thank Animo again for your precise answers. 

For more clearity let me introduce you entire decision:

The Decision
"[/LIST]You have stated that you married your spouse name surname, an Italian national in Georgia on --.--.--- and you have provided your marriage certificate in support of this.


You have stated that you are not travelling with anyone else and that your spouse is currently living in the UK. You have provided a letter written by your spouse which states that he is currently employed in the UK earning minimum of ---- pounds per month, that he also possesses three bank accounts, one of which is LLoyds Bank account which is a UK bank, and that currently he is living by himself in the UK. However you have not provided any evidence of this. You have provided a letter from Job Centre Plus which states that your spouse registered for a National Insurance Number (NINO) on 10/11/2014, as well as a job offer letter dated 25/10/2014 for employment as [JOB TITLE] in the UK. However, there is no evidence that your spouse took up this employment and there is no evidence that your spouse was in the UK when he submitted his application for a NINO.


You have not provided any evidence that your spouse is currently residing in the UK in accordance with the EEA regulations as qualified person , or that he is exercising his treaty rights. I am not satisfied that your spouse intends to travel to the UK within 6 months.
I therefore refuse your EEA family permit application because I am not satisfied that you meet all of the requirements of the Regulation 12 of the Immigration Regulation 2006."

1) Based on the decision above, shall we reapply for exercising treaty rights or free movement? (considering that I am in UK for less than 3 months but am still working)
2) I received a receipt when he applied for NIN , shall we introduce it as a proof that he applied from UK? Or its extra unnecessary info?
3) If I state in the cover letter that I am temporarily living on address "x" shall I show them the rental agreement or something? Can I simply write down the address without evidencing it? I don't have any document.
We are trying to find a cheapest and fastest solution. 

Thank you so much , again.


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## Jrge (Mar 22, 2011)

Hi,


MarcoGvantsa said:


> Thank Animo again for your precise answers.
> 
> For more clearity let me introduce you entire decision:
> 
> ...


Let's start by doing this:

1) Do not refer or mention having any accounts/money.

2) Ask your landlord for a letter indicating you are renting a bed, bedroom, etc. [Whilst ECO used an standard format, they have implied your spouse is trying to move alone to the UK]

3) Enclose either your contract of employment or py slips.

4) This is very odd, but let's no waste time on this. However, if you have any document to prove you applied whilst in the UK, let's add it.

5) Reapply.

You need to re-write a cover letter and I need you to start it like this: 

" Regarding your refusal letter of my wife [your spouse's name] application for an EEA-Family Permit dated [date on that letter], I have enclosed the following documents to prove your assessment was unnacurate:

[list the documents I have mentioned above]

Furthermore, I have also enclosed the following documents (Marriage certificate, pictures, etc) to prove we are in a legit relationship.

Therefore, as EU-National exercising treaty rights in the United Kingdom, I hereby request you issue a Family Permit to my wife [your spouse's name] on an accelerated basis to obtain proper entry clearance to the United Kingdom. 

You can contact me directly at [your mobile number] should you have further queries. I also welcome electronic communications at [your email address]

Kindly yours,
[your name]
[your mobile number]
[your email address]
[your UK postal address]

Good Luck!

Animo
(Cheers)


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## MarcoGvantsa (Nov 14, 2014)

Jrge said:


> Hi,
> 
> Let's start by doing this:
> 
> ...


Hi Animo,

Thanks a lot for your answer. We are about to reapply. 
Just we were wondering as I am currently working , am I exercising my treaty right even if not more than 3 months have passed since my arrival? Or for the moment I enjoy only initial right of residence ? what shall I stress on in the cover letter exercising treaty rights or initial right of residence?

Marco


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## _shel (Mar 2, 2014)

If you are working you are exercising your treaty rights. Your payslip shows you are indeed doing that.


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## MarcoGvantsa (Nov 14, 2014)

_shel said:


> If you are working you are exercising your treaty rights. Your payslip shows you are indeed doing that.


 Thank you for your answer _shel.

That s clear to me, but I do not understand if exercising my Treaty Rights is connected with the right of initial residence and how.

By reading part 4.1 from this link

www.gov.uk/government/publications/eea-family-permit-eun02/eea-family-permit-eun02

it seems that only if I am residing more than 3 months I can do it. 

In short, do the initial right of residence (article 13) matter in my case? Can I exercise it together with my treaty rights?

What also confuses me is that I cannot find any Article which mention the Treaty Rights within the Regulations 2006, while the ECO used that wording in the refusal.


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## Joppa (Sep 7, 2009)

Let me put it this way.
AS EEA citizen, you have the right to start working the moment you set foot in UK. For the first three months, you don't have to exercise treaty rights - you can effectively do nothing or be a tourist on holiday. After three months, you must exercise your treaty rights (by working, for example) in order for your non-EEA family member(s) to stay in UK.


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## MarcoGvantsa (Nov 14, 2014)

Joppa said:


> Let me put it this way.
> AS EEA citizen, you have the right to start working the moment you set foot in UK. For the first three months, you don't have to exercise treaty rights - you can effectively do nothing or be a tourist on holiday. After three months, you must exercise your treaty rights (by working, for example) in order for your non-EEA family member(s) to stay in UK.



Thank you Jobba for your answer. 
As I am working before 3 initial months have passed am I already exercising my treaty rights? Legally, can I say I am exercising treaty rights from the moment I get a job, no matter if its first month or second? Or it can be said that I am exercising treaty rights only after initial 3 months have passed and then I am working?


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## Joppa (Sep 7, 2009)

You started working soon after arriving in UK. And you are exercising treaty rights. The fact it happened before the first three months was up is neither here nor there.


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## MarcoGvantsa (Nov 14, 2014)

We want to thank you all people, Animo, Joppa,_shel for helping us, for your answers and advices  Tomorrow we are reapplying. Fingers crossed! We will let you know. Thanks again


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## MarcoGvantsa (Nov 14, 2014)

Hello. I wanted to let you know that we finally got the EEA Family Permit on the second try! We followed the route advised by most of the users and represented documents strictly in accordance to the Regulation 2006. As me and my wife enjoyed initial right of residence for 3 months (and exempt from formalities and any other condition) we just represented : 
1. Cover letter by EEA National
2.Passport Copy and ID of EEA National 
3. Evidences of relationship (pictures, skype history, letters, e-mails)
4. Marriage certificate and Multilingual certificate(issued by by my country of Nationality as we got married in Georgia)
5. Document showing my arrival in London (Air ticket booking)
In cover letter I referred to articles 13.2 of the Regulation 2006 and article 6.2 of the Directive 2004/38.
We got EEA family Permit in 9 working days. 
They kept our marriage certificate which was translated in English with Apostle. Could they keep original Document? How can we claim it back?


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## Joppa (Sep 7, 2009)

Did you include a photocopy? If not, they can keep the original. You can request its return but they aren't obliged to do so.


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