EEA Family Permit Refusal – Re-apply or apply at border?
Apr 30th 2018, 3:52 pm
#1
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Joined: Apr 2018
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EEA Family Permit Refusal – Re-apply or apply at border?
Hello,
I’m seeking advice regarding potential next steps regarding a Refusal of EEA Family Permit notification that I received earlier this morning.
In terms of context, I’m a Canadian citizen who applied as the unmarried partner of a dual-Maltese/Canadian citizen who is currently living and working in the UK. We were able to provide all of the necessary supporting documentation for the application (e.g., evidence that my partner is exercising treaty rights, that we have been in a durable relationship for 2+ years, that we meet the financial and accommodation requirements, etc.), none of which appears to have been the cause of the application being rejected. Instead, the single reason provided by the ECO was that I had failed to provide evidence of my partner’s identity or nationality and that they were therefore not satisfied that I was the unmarried partner of an EEA national. We found this rationale to be puzzling, however, because we had in fact included a certified copy of my partner’s Maltese passport with the application. Nonetheless, we are currently stuck with a rejection letter without the option of appeal (due to our perceived failure to establish my partner’s status as an EU citizen) so we are forced to look into other options.
Moving forward, my understanding is that there are only two options available to us: we can either submit a new application or try our luck at the border. Simply submitting a new application appears to be the safest option, but we’d prefer not to push back my arrival date by another month if applying at the border is likely to meet with success. Which leads me to the following questions:
1) Is something more than a certified copy of my partner’s Maltese passport required “to provide evidence of her identity or her nationality”? Or is this simply a case of the ECO missing a piece of evidence and/or an error in the application scanning process at the visa application centre?
2) Did we err by including a scanned copy of both my partner’s Maltese and Canadian passports? Our thinking was that the extra information wouldn’t hurt, but the rejection has left us wondering whether the ECO somehow missed the Maltese passport and focused solely on the Canadian one.
3) Given that the only issue with our application was the missing identity/national document, can we assume that an application at the border would be likely to succeed if we were both present at the time?
4) Alternatively, is there any way to appeal the decision even though the refusal letter states that we cannot?
Thanks in advance!
I’m seeking advice regarding potential next steps regarding a Refusal of EEA Family Permit notification that I received earlier this morning.
In terms of context, I’m a Canadian citizen who applied as the unmarried partner of a dual-Maltese/Canadian citizen who is currently living and working in the UK. We were able to provide all of the necessary supporting documentation for the application (e.g., evidence that my partner is exercising treaty rights, that we have been in a durable relationship for 2+ years, that we meet the financial and accommodation requirements, etc.), none of which appears to have been the cause of the application being rejected. Instead, the single reason provided by the ECO was that I had failed to provide evidence of my partner’s identity or nationality and that they were therefore not satisfied that I was the unmarried partner of an EEA national. We found this rationale to be puzzling, however, because we had in fact included a certified copy of my partner’s Maltese passport with the application. Nonetheless, we are currently stuck with a rejection letter without the option of appeal (due to our perceived failure to establish my partner’s status as an EU citizen) so we are forced to look into other options.
Moving forward, my understanding is that there are only two options available to us: we can either submit a new application or try our luck at the border. Simply submitting a new application appears to be the safest option, but we’d prefer not to push back my arrival date by another month if applying at the border is likely to meet with success. Which leads me to the following questions:
1) Is something more than a certified copy of my partner’s Maltese passport required “to provide evidence of her identity or her nationality”? Or is this simply a case of the ECO missing a piece of evidence and/or an error in the application scanning process at the visa application centre?
2) Did we err by including a scanned copy of both my partner’s Maltese and Canadian passports? Our thinking was that the extra information wouldn’t hurt, but the rejection has left us wondering whether the ECO somehow missed the Maltese passport and focused solely on the Canadian one.
3) Given that the only issue with our application was the missing identity/national document, can we assume that an application at the border would be likely to succeed if we were both present at the time?
4) Alternatively, is there any way to appeal the decision even though the refusal letter states that we cannot?
Thanks in advance!
Apr 30th 2018, 4:10 pm
#2
Joined: Feb 2012
Location: Not in Paris
Posts: 18,192
Re: EEA Family Permit Refusal – Re-apply or apply at border?
Applying at the border as an unmarried couple is unwise. The copy of your partner's Maltese passport should've sufficed. By providing his Canadian passport as well you may have muddied the waters. Does the letter give the option of an administrative review or complaint procedure? Are you currently in Canada? How long have you been separated?
Apr 30th 2018, 4:28 pm
#3
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Joined: Apr 2018
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Re: EEA Family Permit Refusal – Re-apply or apply at border?
Ok, thanks for the heads-up regarding the risks of applying at the border (and the extremely quick response!). I suppose our best bet will be to simply re-apply once my passport has been returned and try our luck again (with only a copy of her Maltese passport rather than her Canadian one as well).
As for your other questions, the letter provides no option of any form of appeal, administrative review or complaint procedure. It simply states the following: "Your application does not attract a right of appeal under regulation 36 (2) of the Immigration (European Economic Area) Regulations 2016 as you have failed to supply any evidence of your sponsors identity."
And, yes. I'm still in Canada at this point. My partner has been in the UK for work since early January but was living with me here in Canada prior to that point. So we've been apart for a little less than 4 months, during which time I wrapped up a few remaining obligations here in Canada while she settled into her new job and found us an apartment in London (although she's currently visiting me at the moment as our plan was to fly over together from Toronto next week). Happy to provide any additional context if you'd think it would be useful.
As for your other questions, the letter provides no option of any form of appeal, administrative review or complaint procedure. It simply states the following: "Your application does not attract a right of appeal under regulation 36 (2) of the Immigration (European Economic Area) Regulations 2016 as you have failed to supply any evidence of your sponsors identity."
And, yes. I'm still in Canada at this point. My partner has been in the UK for work since early January but was living with me here in Canada prior to that point. So we've been apart for a little less than 4 months, during which time I wrapped up a few remaining obligations here in Canada while she settled into her new job and found us an apartment in London (although she's currently visiting me at the moment as our plan was to fly over together from Toronto next week). Happy to provide any additional context if you'd think it would be useful.
Apr 30th 2018, 4:43 pm
#4
Joined: Feb 2012
Location: Not in Paris
Posts: 18,192
Re: EEA Family Permit Refusal – Re-apply or apply at border?
The regulation quoted is the following:
The Immigration (European Economic Area) Regulations 2016
"If a person claims to be an EEA national, that person may not appeal under these Regulations without producing a valid national identity card or passport issued by an EEA State."
Obviously you state you did; they state you did not. You cannot appeal or ask for an administrative review thanks to the somewhat Kafkaesque regulations. Although it's unfair simply reapplying with exactly the same documentation is probably going to be your quickest and easiest route. Alternatively you can lodge a complaint and see if that gets any traction. The nuclear option would be simply for your partner to go and see his MP. If anything is going to work, a Parliamentary complaint usually does the trick.
The Immigration (European Economic Area) Regulations 2016
"If a person claims to be an EEA national, that person may not appeal under these Regulations without producing a valid national identity card or passport issued by an EEA State."
Obviously you state you did; they state you did not. You cannot appeal or ask for an administrative review thanks to the somewhat Kafkaesque regulations. Although it's unfair simply reapplying with exactly the same documentation is probably going to be your quickest and easiest route. Alternatively you can lodge a complaint and see if that gets any traction. The nuclear option would be simply for your partner to go and see his MP. If anything is going to work, a Parliamentary complaint usually does the trick.
Apr 30th 2018, 7:18 pm
#5
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Joined: Apr 2018
Posts: 4
Re: EEA Family Permit Refusal – Re-apply or apply at border?
Sounds good. I guess we'll start with a new application and then see where things go from there. Hopefully it all ends up going smoothly the second time around but it's nice to know that there are other options if things don't work out for whatever reason.
And thanks again for all of your help! I don't know that it would have been possible to put together an (almost) successful application in the first place without the many posts that you've contributed to this message board over time. They've all been very much appreciated.
And thanks again for all of your help! I don't know that it would have been possible to put together an (almost) successful application in the first place without the many posts that you've contributed to this message board over time. They've all been very much appreciated.
Apr 30th 2018, 7:22 pm
#6
Joined: Feb 2012
Location: Not in Paris
Posts: 18,192
Re: EEA Family Permit Refusal – Re-apply or apply at border?
Sounds good. I guess we'll start with a new application and then see where things go from there. Hopefully it all ends up going smoothly the second time around but it's nice to know that there are other options if things don't work out for whatever reason.
And thanks again for all of your help! I don't know that it would have been possible to put together an (almost) successful application in the first place without the many posts that you've contributed to this message board over time. They've all been very much appreciated.
And thanks again for all of your help! I don't know that it would have been possible to put together an (almost) successful application in the first place without the many posts that you've contributed to this message board over time. They've all been very much appreciated.
Sep 20th 2018, 5:56 pm
#7
Just Joined
Joined: Sep 2018
Posts: 5
Re: EEA Family Permit Refusal – Re-apply or apply at border?
Ok, thanks for the heads-up regarding the risks of applying at the border (and the extremely quick response!). I suppose our best bet will be to simply re-apply once my passport has been returned and try our luck again (with only a copy of her Maltese passport rather than her Canadian one as well).
As for your other questions, the letter provides no option of any form of appeal, administrative review or complaint procedure. It simply states the following: "Your application does not attract a right of appeal under regulation 36 (2) of the Immigration (European Economic Area) Regulations 2016 as you have failed to supply any evidence of your sponsors identity."
And, yes. I'm still in Canada at this point. My partner has been in the UK for work since early January but was living with me here in Canada prior to that point. So we've been apart for a little less than 4 months, during which time I wrapped up a few remaining obligations here in Canada while she settled into her new job and found us an apartment in London (although she's currently visiting me at the moment as our plan was to fly over together from Toronto next week). Happy to provide any additional context if you'd think it would be useful.
As for your other questions, the letter provides no option of any form of appeal, administrative review or complaint procedure. It simply states the following: "Your application does not attract a right of appeal under regulation 36 (2) of the Immigration (European Economic Area) Regulations 2016 as you have failed to supply any evidence of your sponsors identity."
And, yes. I'm still in Canada at this point. My partner has been in the UK for work since early January but was living with me here in Canada prior to that point. So we've been apart for a little less than 4 months, during which time I wrapped up a few remaining obligations here in Canada while she settled into her new job and found us an apartment in London (although she's currently visiting me at the moment as our plan was to fly over together from Toronto next week). Happy to provide any additional context if you'd think it would be useful.
can anyone tell how this application at the border works? It could be useful in our case, since we both are living in Spain and it would be easy (and faster) to fly over. The thing is our application for Family Permit was refused too, and the reason for the refusal given seemed pretty ridiculous:
• As evidence of relationship you have provided a marriage certificate stating that you were
married to your sponsor on 26 October 2016.
• You have not provided any other evidence of relationship such as photographs from before,
during and after your wedding.
• In light of the above, this leads me to doubt that your relationship with your sponsor is as
stated.
• In view of your failure to provide satisfactory evidence, I am not satisfied that you are the
family member of an EEA national in accordance with Regulation 7 of the Immigration
(European Economic Area) Regulations 2016.
• I therefore refuse your EEA Family Permit application because I am not satisfied that you meet
all of the requirements of regulation 12 (see ECGs EUN2.23) of the Immigration (European
Economic Area) Regulations 2016.
Thanks a lot!
Sep 20th 2018, 7:13 pm
#8
Joined: Feb 2012
Location: Not in Paris
Posts: 18,192
Re: EEA Family Permit Refusal – Re-apply or apply at border?
Hi guys,
can anyone tell how this application at the border works? It could be useful in our case, since we both are living in Spain and it would be easy (and faster) to fly over. The thing is our application for Family Permit was refused too, and the reason for the refusal given seemed pretty ridiculous:
• As evidence of relationship you have provided a marriage certificate stating that you were
married to your sponsor on 26 October 2016.
• You have not provided any other evidence of relationship such as photographs from before,
during and after your wedding.
• In light of the above, this leads me to doubt that your relationship with your sponsor is as
stated.
• In view of your failure to provide satisfactory evidence, I am not satisfied that you are the
family member of an EEA national in accordance with Regulation 7 of the Immigration
(European Economic Area) Regulations 2016.
• I therefore refuse your EEA Family Permit application because I am not satisfied that you meet
all of the requirements of regulation 12 (see ECGs EUN2.23) of the Immigration (European
Economic Area) Regulations 2016.
Thanks a lot!
can anyone tell how this application at the border works? It could be useful in our case, since we both are living in Spain and it would be easy (and faster) to fly over. The thing is our application for Family Permit was refused too, and the reason for the refusal given seemed pretty ridiculous:
• As evidence of relationship you have provided a marriage certificate stating that you were
married to your sponsor on 26 October 2016.
• You have not provided any other evidence of relationship such as photographs from before,
during and after your wedding.
• In light of the above, this leads me to doubt that your relationship with your sponsor is as
stated.
• In view of your failure to provide satisfactory evidence, I am not satisfied that you are the
family member of an EEA national in accordance with Regulation 7 of the Immigration
(European Economic Area) Regulations 2016.
• I therefore refuse your EEA Family Permit application because I am not satisfied that you meet
all of the requirements of regulation 12 (see ECGs EUN2.23) of the Immigration (European
Economic Area) Regulations 2016.
Thanks a lot!
Sep 21st 2018, 5:10 am
#11
Joined: Feb 2012
Location: Not in Paris
Posts: 18,192
Re: EEA Family Permit Refusal – Re-apply or apply at border?
If time is important then just reapply. An EEA Family Permit application is free so there’s little point in appealing which can take much longer to process than a new application.
Sep 21st 2018, 9:02 am
#12
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Joined: Sep 2018
Posts: 5
Re: EEA Family Permit Refusal – Re-apply or apply at border?
Do you know any actual cases when with re-applying someone got a positive reply? It seems a little risky to apply again and what if we are refused again on some other weird basis.
Sep 21st 2018, 9:28 am
#13
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Joined: Apr 2018
Posts: 4
Re: EEA Family Permit Refusal – Re-apply or apply at border?
Simply re-applying for the EEA Family Permit is what worked for me. We just addressed the feedback that we'd gotten on the first application and everything worked out perfectly (i.e. we removed any ambiguity in my original application by taking out the scan of my partner's non-Maltese passport, as well as including explicit reference to the Home Office guidance document indicating that certified scans of EU passports should be acceptable as evidence).
So, if the problem in your case is that they suspect you of having a marriage of convenience for whatever reason, then re-applying along with additional evidence of your relationship status would probably do the trick. Things like jointly-signed leases, utility bills, pictures, etc. are what they ask for when dealing with unmarried partners, so you may want to look into that kind of evidence and provide something similar.
So, if the problem in your case is that they suspect you of having a marriage of convenience for whatever reason, then re-applying along with additional evidence of your relationship status would probably do the trick. Things like jointly-signed leases, utility bills, pictures, etc. are what they ask for when dealing with unmarried partners, so you may want to look into that kind of evidence and provide something similar.
Sep 21st 2018, 11:02 am
#14
Just Joined
Joined: Sep 2018
Posts: 5
Re: EEA Family Permit Refusal – Re-apply or apply at border?
Simply re-applying for the EEA Family Permit is what worked for me. We just addressed the feedback that we'd gotten on the first application and everything worked out perfectly (i.e. we removed any ambiguity in my original application by taking out the scan of my partner's non-Maltese passport, as well as including explicit reference to the Home Office guidance document indicating that certified scans of EU passports should be acceptable as evidence).
So, if the problem in your case is that they suspect you of having a marriage of convenience for whatever reason, then re-applying along with additional evidence of your relationship status would probably do the trick. Things like jointly-signed leases, utility bills, pictures, etc. are what they ask for when dealing with unmarried partners, so you may want to look into that kind of evidence and provide something similar.
So, if the problem in your case is that they suspect you of having a marriage of convenience for whatever reason, then re-applying along with additional evidence of your relationship status would probably do the trick. Things like jointly-signed leases, utility bills, pictures, etc. are what they ask for when dealing with unmarried partners, so you may want to look into that kind of evidence and provide something similar.
Sep 21st 2018, 11:15 am
#15
Concierge
Joined: Jan 2013
Location: Western Australia
Posts: 21,138
Re: EEA Family Permit Refusal – Re-apply or apply at border?
One thing's for certain, if you don't reapply there's no risk at all that you will get the permit! Just reapply, supplying as much evidence as you can gather that your marriage and relationship is genuine.