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EEA Family Permit visa for travelling temporarily to visit UK

EEA Family Permit visa for travelling temporarily to visit UK

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Old Dec 10th 2017, 7:05 pm
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Default EEA Family Permit visa for travelling temporarily to visit UK

Hi all,
I hope you can help me. I recently applied for a EEA Family permit for my dependent mother - both of us now living in Germany. I am a British national, working here in Germany. I was granted British citizenship earlier this year, and soon after I moved to Germany and brought my dependent mother to live with me. Now we want to travel back to the UK - not permanently, just to visit for the Christmas holidays. My mother has a "Residence card for family of EU citizen" however, we thought it would be a better idea to get a EEA family visit visa prior to going to the UK for the Chirstmas holidays. This visa application was refused. My mother was previously also refused a visit visa in 2016, when after my father passed away, she (as she always does visit once a year) applied to visit us in the UK (by us - I mean myself, and my brother who has a little boy and his wife.). Back then, I was not a British national, and they refused the visa citing that my mother will not return if she comes to the UK.


Anyway, now the EEA family permit was refused based on the following reasons (quoted from the refusal letter):


"Dear XXXX,
Your Application
• On XX/XX/2017 you applied for a European Economic Area (EEA) family permit to facilitate your admission to the UK, Au official has considered your application on behalf of the Secretary of State.
• A non-EEA national who is the spouse or civil partner or other direct family member of a British citizen may have a right of admission in the UK under European Union law if certain conditions are met. The conditions are set out in regulations 9 and 11 of the Immigration (European Economic Area) Regulations 2006 ('the EEA Regulations). The conditions for issuing an EEA family permit are set out in regulation 12 of the EEA Regulations.
• You have applied for an EEA family permit on the basis that your British citizen sponsor, XXXXXX, is residing and exercising their right to free movement in Germany immediately before returning to the UK (hereafter referred to as 'the EEA host country). All the evidence provided has been carefully considered to determine whether you have a right of admission to the UK under the EEA Regulations and should be issued a family permit.
• It is accepted that your sponsor is a British citizen and that you are related as claimed.
• However, regulation 9(4)(a) of the EEA Regulations provides that regulation 9 does not apply where the purpose of the residence in the EEA host country is or was as a means for circumventing any immigration laws applying to non-EEA nationals to which the family member would otherwise be subject (such as any applicable requirement under the Immigration Act 1971 to have leave to enter or remain in the UK).
• Consideration has therefore been given to the purpose of you and your British citizen sponsor's residence in the EEA host country. Whilst I am aware that your previous immigration history in the UK is not grounds alone to refuse your application for an EEA Family Permit, I am satisfied that, when considered in conjunction with your statements and the documents submitted with this application, an important factor which is directly relevant to the centre of life test, and in considering whether this application is an attempt to circumvent the UK Immigration Rules.
• In considering whether you and your British citizen sponsor's residence in the EEA host country is or was genuine, relevant factors include: (a) whether the centre of the British citizen's life transferred to the EEA host country (b) the length of the British citizen and the family member's joint residence in the EEA host country (c) the nature and quality of the British citizen and the family member's accommodation in the EEA host country, and whether it is or was the British citizen's principal residence (d) the degree of the British citizen and the family member's integration in the EEA host country (e) whether the family member's first lawful residence in the EU with the British citizen was in the EEA host country.
• It is noted that you previously applied for a visitor visa on XX/XX/2016 to visit your children in the UK. Your application was refused on XX/XX/2016 because the Entry Clearance Officer was not satisfied with your intentions in wishing to travel to the UK were as stated.
• At the time of your refused application, your sponsor held XXXXX(non-UK/EEA) nationality. It was further noted that since becoming a British citizen and being issued a British passport in XX-XX-2017, your sponsor moved to Germany where you joined them in XX-XX-2017. You have been resident in Germany for 5 months; stating that you are financially supported by your sponsor and wish to accompany them to the UK for 9 days.
• Having considered all of the evidence and information provided in support of your application, and applying the civil law standard of the balance of probabilities, it is not accepted that you and your British citizen sponsor's residence in the EEA host country was genuine. Taking into consideration, your immigration history and the length of time spent in Germany; it is considered that the purpose of you and your British citizen sponsor's residence in the EEA host country was as a means for circumventing the UK's domestic Immigration Rules or other immigration law."



Can someone here advise if I can and should appeal this decision? It is absolutely devastating to think that my aged- and widowed mother will be denied the chance to see my brother and his family (my brother is not able to travel due to health reasons of the little boy) - as has been the case sofar.

In particular I want to get some insight on whether the ECO can cite reasons such as we are intending to "circumvent UK immigration laws by being located in Germany" and that we have not "moved our centre of life to Germany" just for a visit visa? We are just wanting to temporarily travel to the UK for a mini visit - do I need to show all this?

Thanks very much for all who can shed some light. Very confused and stressed.
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Old Dec 10th 2017, 9:04 pm
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Default Re: EEA Family Permit visa for travelling temporarily to visit UK

Hi, and welcome to the forum!
Some one may come along who has been in the same situation as you, but you may do better to post in the "Moving Back to the UK" section of the forum, as this section is strictly speaking intended for British expats having moved to Continental Europe with no visa issues.
Hope you find a solution!
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Old Dec 10th 2017, 11:57 pm
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Default Re: EEA Family Permit visa for travelling temporarily to visit UK

You were granted British citizenship earlier this year. You moved to Germany with your dependent mother. You have been there for 5 months.

You then apply for a Family permit for your mother to visit the UK. While you say that it is for a visit, once approved, a Family permit allows the applicant to remain in the UK and apply for a permanent residence card.

Based on your short stay in Germany and probably what evidence you presented as to your residency in Germany (accommodation, employment, continuing responsibilities and ties to Germany, centre of life evidence) the ECO was not convinced that you did not move to Germany just to get around UK immigration rules, and to become eligible to apply for a Family permit.

With your brother and family living in the UK, your father having passed away and your mother dependent on you, there is considerable doubt that your mother would return to wherever she normally lives. The fact that you applied for the Family permit and not just a visitor visa also backs up this 'risk factor'. The earlier refusal lends credence to the belief that mother will not return to her home country.

The ECO can certainly cite the reasons he/she has laid out.

Where is mother from and what ties does she have in her home country?

You can appeal but probably will not get your any further.

Have you considered sponsoring your dependent parent for a dependent visa?

Last edited by SanDiegogirl; Dec 11th 2017 at 12:11 am.
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Old Dec 11th 2017, 11:05 am
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Default Re: EEA Family Permit visa for travelling temporarily to visit UK

Originally Posted by SanDiegogirl View Post
Where is mother from and what ties does she have in her home country?
My mother's nationality is Lebanese. We don't have any strong ties in her home country, but this I believe is irrelevant because she is already in Germany living with me and residing here legally with a "Residence card for Family member of EU citizen". Therefore, she returns back to Germany after visiting the UK. Currently neither me nor my mother is in the UK, we are applying from Germany.


Originally Posted by SanDiegogirl View Post
Have you considered sponsoring your dependent parent for a dependent visa?
What dependent UK visa for non-EU family member of EU national exists that I can utilize for making a short visit to the UK? Please can you explain this. The only visit visa category for non-EU family of EU to visit the UK that I can see is the "EEA family permit" which is what we applied for.


Thank you for your advice.
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Old Dec 11th 2017, 11:24 am
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Default Re: EEA Family Permit visa for travelling temporarily to visit UK

Originally Posted by FindingPeace View Post
My mother's nationality is Lebanese. We don't have any strong ties in her home country, but this I believe is irrelevant because she is already in Germany living with me and residing here legally with a "Residence card for Family member of EU citizen". Therefore, she returns back to Germany after visiting the UK. Currently neither me nor my mother is in the UK, we are applying from Germany.



What dependent UK visa for non-EU family member of EU national exists that I can utilize for making a short visit to the UK? Please can you explain this. The only visit visa category for non-EU family of EU to visit the UK that I can see is the "EEA family permit" which is what we applied for.


Thank you for your advice.
Has your mother tried the Lebanese Consulate/Embassy in Germany? A google search shows that the Consulate is in Frankfurt, the Embassy in Berlin, and they may come up with a solution...
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Old Dec 11th 2017, 12:29 pm
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Default Re: EEA Family Permit visa for travelling temporarily to visit UK

Originally Posted by FindingPeace View Post
My mother's nationality is Lebanese. We don't have any strong ties in her home country, but this I believe is irrelevant because she is already in Germany living with me and residing here legally with a "Residence card for Family member of EU citizen". Therefore, she returns back to Germany after visiting the UK. Currently neither me nor my mother is in the UK, we are applying from Germany.



What dependent UK visa for non-EU family member of EU national exists that I can utilize for making a short visit to the UK? Please can you explain this. The only visit visa category for non-EU family of EU to visit the UK that I can see is the "EEA family permit" which is what we applied for. ....
You shot yourself in the foot by applying for a "family permit" for your mother, when all she wanted to do was visit.

At this point you have the option to apply for a "family of a settled person" visa, which would allow your mother to live in the UK. From what you posted this isn't what she wants, but you messed up by applying for a family permit unnecessarily, and at least having a family of a settle person visa would give her the ability to enter the UK for the next two-and-a-half years. If she hasn't been living in the UK it is unlikely she could renew it after 30 months, but hopefully by then she will have more substantial roots in Germany, and/or have established a patten of leaving the UK after short visits, which would help her get a visitor visa (the UK will presumably have left the Europe Onion by then).

The family of a settled person will be expensive - £2,000+ for starters, and I don't know if an application will be successful, or indeed if you are eligible to sponsor her, or another family member could do so, but at this point it may be her only realistic option.

Last edited by Pulaski; Dec 11th 2017 at 12:35 pm.
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Old Dec 11th 2017, 12:47 pm
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Default Re: EEA Family Permit visa for travelling temporarily to visit UK

Originally Posted by Pulaski View Post
You shot yourself in the foot by applying for a "family permit" for your mother, when all she wanted to do was visit.

At this point you have the option to apply for a "family of a settled person" visa, which would allow your mother to live in the UK. From what you posted this isn't what she wants, but you messed up by applying for a family permit unnecessarily, and at least having a family of a settle person visa would give her the ability to enter the UK for the next two-and-a-half years. If she hasn't been living in the UK it is unlikely she could renew it after 30 months, but hopefully by then she will have more substantial roots in Germany, and/or have established a patten of leaving the UK after short visits, which would help her get a visitor visa (the UK will presumably have left the Europe Onion by then).

The family of a settled person will be expensive - £2,000+ for starters, and I don't know if an application will be successful, or indeed if you are eligible to sponsor her, or another family member could do so, but at this point it may be her only realistic option.
I am quite confused here - I am no longer resident in the UK. Therefore I do not fall in the category, and I stress DO NOT, fall in the category to apply for the family of settled person visit visa. This category only applies for UK residents, which I am not. Do you disagree with this? Is there something I have missed?
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Old Dec 11th 2017, 12:51 pm
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Default Re: EEA Family Permit visa for travelling temporarily to visit UK

Originally Posted by dmu View Post
Has your mother tried the Lebanese Consulate/Embassy in Germany? A google search shows that the Consulate is in Frankfurt, the Embassy in Berlin, and they may come up with a solution...
I would happily pay them a visit if this would help the situation, but the Lebanese embassy have no negotiating grounds for a normal UK visit visa application process...we are not any VIP or anything. What exactly did you have in mind as to what I should ask, and what the Lebanese embassy could offer me??
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Old Dec 11th 2017, 1:37 pm
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Default Re: EEA Family Permit visa for travelling temporarily to visit UK

Originally Posted by FindingPeace View Post
I am quite confused here - I am no longer resident in the UK. Therefore I do not fall in the category, and I stress DO NOT, fall in the category to apply for the family of settled person visit visa. This category only applies for UK residents, which I am not. Do you disagree with this? Is there something I have missed?
Well I'm confused as to why you applied for a family permit, so that makes two of us!

You don't need to be living in the UK to sponsor a family of a settled person visa, but you do need to be "planning" to do so. If you have the cash to meet the assets requirement you could sponsor a visa, as could, presumably, another close family member, but things would certainly get awkward when the time to renew the visa came around 30 months later if you're not living in the UK, but as I described above, I don't believe that would matter as other options should be accessible to your mother by then.
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Old Dec 11th 2017, 7:44 pm
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Default Re: EEA Family Permit visa for travelling temporarily to visit UK

Originally Posted by Pulaski View Post
Well I'm confused as to why you applied for a family permit, so that makes two of us!
The EEA family permit is a "entry visa". Please read more on this on the gov.uk site if you are still confused.

Originally Posted by Pulaski View Post
You don't need to be living in the UK to sponsor a family of a settled person visa, but you do need to be "planning" to do so. If you have the cash to meet the assets requirement you could sponsor a visa, as could, presumably, another close family member, but things would certainly get awkward when the time to renew the visa came around 30 months later if you're not living in the UK, but as I described above, I don't believe that would matter as other options should be accessible to your mother by then.
I disagree with your comment that I do not have to be living in the UK at the time of making an application (please read www. gov.uk /uk-family-visa/parent) - please remove the spaces on that link for it to work, as I am not allowed to post a url due not having enough points on this forum yet. It is explicitly stated there that the sponsor child has to be living in the UK: "Your child must be living in the UK. "
Plus, it is not my intention to return to or live in the UK long term, that's not my plan now or in the foreseeable future. If I then choose to apply via the route you suggest (which would not work whilst still being based in Germany for reasons above), I would be lying to the ECO. This to my mind is a long winded and unnecessary route to achieving nothing.

I would be very happy and grateful to anyone who can offer meaningful advise and positive direction in this regard. Please kindly refrain from just saying something for the sake of it. It wastes time and achieves nothing. Thank you.
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Old Dec 11th 2017, 7:51 pm
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Default Re: EEA Family Permit visa for travelling temporarily to visit UK

Originally Posted by FindingPeace View Post
The EEA family permit is a "entry visa". Please read more on this on the gov.uk site if you are still confused. .....
A family permit is not only for "entry", it is (primarily) for staying and living. Which is exactly why your mother's application was rejected!
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Old Dec 11th 2017, 8:22 pm
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Default Re: EEA Family Permit visa for travelling temporarily to visit UK

Originally Posted by Pulaski View Post
A family permit is not only for "entry", it is (primarily) for staying and living. Which is exactly why your mother's application was rejected!
What category of visa application do you suggest then? The one you have suggested earlier is not going to work in my case.
I also disagree with what you just said about the EEA family permit being "primarily" for staying and living. The EEA family permit for those who apply from outside of the UK is to grant them the entry visa which is valid for 6 months to enter and visit the UK. < If this, as I have stated, is not clear to you, please read on in the .gov.uk or other internet webpages all of which will point to its relevance.
Since we are going in circles trying to clarify what other category I could apply under, let me answer the question I asked to you above as this will save me another repost. The short-term visitor visa to the UK is the only "other" route. This is what my mother applied for back in 2016 and was refused. This time my mother would not qualify for it anyway, because is entirely financially dependent on me, and this visa states ever so clearly that the person applying should be financially self-sufficient.
I hope this is clear now, the visa category I applied under was not incorrect.
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Old Dec 11th 2017, 8:34 pm
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Default Re: EEA Family Permit visa for travelling temporarily to visit UK

Originally Posted by FindingPeace View Post
I would happily pay them a visit if this would help the situation, but the Lebanese embassy have no negotiating grounds for a normal UK visit visa application process...we are not any VIP or anything. What exactly did you have in mind as to what I should ask, and what the Lebanese embassy could offer me??
It was just an idea, but it would be your mother, as a Lebanese citizen, who would ask the Consulate what they could suggest in the circumstances, if anything... This may be grasping at straws, but Christmas is fast approaching and it's unlikely that the present procedure will be settled before then.
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Old Dec 11th 2017, 11:14 pm
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Default Re: EEA Family Permit visa for travelling temporarily to visit UK

Your mother could apply for a Standard Visitor visa for the UK, and your brother who is living in the UK could sponsor her.

https://www.gov.uk/standard-visitor-visa

You, as the Brit, just accompanies her.

For a visit of two weeks and presumably staying at your brother's place the amount of sponsorship money would be very little I would imagine.
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Old Dec 11th 2017, 11:36 pm
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Default Re: EEA Family Permit visa for travelling temporarily to visit UK

Originally Posted by FindingPeace View Post
What category of visa application do you suggest then? The one you have suggested earlier is not going to work in my case.
I also disagree with what you just said about the EEA family permit being "primarily" for staying and living. The EEA family permit for those who apply from outside of the UK is to grant them the entry visa which is valid for 6 months to enter and visit the UK. < If this, as I have stated, is not clear to you, please read on in the .gov.uk or other internet webpages all of which will point to its relevance.
The EEA Family permit, if approved, also provides for said applicant to remain in the UK as the family member or extended family member of an EEA citizen or, in your case, a British citizen who has applied for the Family permit under the SS route.

What proof did you provide to the authorities that you fully intend to return to Germany once the vacation is over?

In most cases the application for a Family Permit IS to return to the UK permanently with a non EU member of the family.

With a visitor visa already refused, non-approval of a Family permit was to be expected.

Last edited by SanDiegogirl; Dec 12th 2017 at 12:11 am.
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