Surinder Singh refused.
 

Hi I'm British and live in Italy with my Thai wife and our 8 month old daughter we have just been refused EEAFP using Surinder singh..(It is not accepted that your British citizen sponsor is residing in the EEA host country as a
worker. This is because you have not provided such evidence)..I sent my employment contract and security pass, all the centre of life and proof living in Italy was fine.

Should I appeal or forget it and switch her current visit visa C to a family visa from the UK when we are back for 4 months if this is possible..Basically we want to move back to the UK.She could apply from Thailand for a family visa but takes a while apparently.

Re: Surinder Singh refused.
 

Make a fresh application and make sure you provide the missing evidence.

Re: Surinder Singh refused.
 

It's tricky because I gave proof of work I don't have more proof. I was worried about proof of residence abroad that seemed fine.They should have gave it.

Re: Surinder Singh refused.
 

You mentioned an employment contract and security pass - what about payslips, bank statements, a letter from your employer confirming your ongoing employment?

Re: Surinder Singh refused.
 

Always appeal, as well as mentioning human rights violation because of separating you from a family member.
If they think they may have to defend themselves in a court case they know it may not be easy so they let your one through.
I appealed for a different visa and won.

Re: Surinder Singh refused.
 

I work for an Italian company(Ferrari)through an English agency so I am paid by them into my English bank.Been here since 2012 and have an open ended contract.The boss won't give a letter already asked.

Re: Surinder Singh refused.
 

Could try it as long as isn't a black mark in the long run against us.Is it a long process?....good point about the human rights.

Re: Surinder Singh refused.
 

Therein lies your problem. If you are paid through a UK company rather than by Ferrari directly then you are going to have more difficulty in demonstrating that you are actually working in Italy.

Re: Surinder Singh refused.
 

Yes, contract and security pass demonstrate that you had a job offer and were entitled to take up work in Italy.
But they don't show that you actually did turn up to take up the job offer and actually did work there.
Could you perhaps get some paperwork that shows your timekeeping, your actual attendance on the job? Maybe your participation in company meetings or events or a company publication that evidences what you did for them. Whatever is needed to evidence having actually worked, on the job, as contrasted with merely being entitled to work.
And yes, as BIP writes, a fresh application is more likely to succeed quickly than an appeal.

Re: Surinder Singh refused.
 

If the appeal is free or cheap use it. It is just a case of putting your argument across.
A fresh application is going to cost a lot of money as far as I know. Try not to give the those in the UK government any of your money if you can.
If your boss is refusing to give paperwork I would ask how much it would cost to get the paperwork. He probably is doing so because he wants to save money on tax, I can't think of another reason.

Re: Surinder Singh refused.
 

An EEA Family Permit is free. A fresh application is going to take a lot less time than going through the appeal process.

Re: Surinder Singh refused.
 

I would still appeal. Didn't know it was free as my wife's case was different.
The immigration people work by quota not by what is right, if you make more resistance to them by claiming human rights they refuse someone easier, that is why I would appeal. Create resistance and hard work for them in refusing you.

Re: Surinder Singh refused.
 

I thought the most important was to prove centre of life in Italy. Proof living here to qualify for SSingh which they agree with on the refusal form that I we live here.

Re: Surinder Singh refused.
 

That is entirely incorrect.

You need to meet all the requirements. If you meet them then the permit will be issued. Resubmit a fresh application with additional evidence addressing the grounds on which the previous application was refused.

Re: Surinder Singh refused.
 

I could get some to old time sheets to prove I've been here since 2012..it's obvious though I've been here from phone bills I sent, gas bills etc.

Re: Surinder Singh refused.
 

Merely being resident in Italy isn't sufficient; you need to show you have been working in Italy as well. Your refusal letter will lay out exactly where you have fallen short.

Re: Surinder Singh refused.
 

I agree a fresh application would be best but it's going to be a nightmare for us to go to Rome again at this time to the application centre.

Is an appeal a lot longer as they already have my old documents.

Re: Surinder Singh refused.
 

Depends on how soon you want to go. If you're happy to wait up to six months then go for the appeal.

Re: Surinder Singh refused.
 

Yes, you must be able to prove centre of living but they will find any reason to refuse if they can because of this government wanting to keep immigration numbers lower. The current UK government is not that foreigner friendly in my opinion. If you appeal, make sure that you mention that you are making your appeal as a breach of EU human rights law and that your case is an EU human rights case. If you fail to mention this, even though your case is a human rights case, they do not have to acknowledge it as such. You may need to make your font size really small in the appeal form that you send to them as they give way to little space to make an argument. This was my experience, and it worked. In fact with my wifes visa the airport people are always surprised she got her visa so they always call head office for 10 minutes to check as even though they see hundreds of foreigners. Even though you fulfil all their rule requirements they still have many get out clauses built in making it up to the immigration official to decide if they want to refuse or not. Here is an example of one such get-out clause used when I did my wife's visa that I found and exposed do you see the contradiction. Article 8 of human European rights law say you have a right to family life.

Re: Surinder Singh refused.
 

That reminds me of people who used to advise applying for double what you want from Social Fund because they always offer you half. That was wrong too.

I think a lot of people agree with that argument but it's already been lost legally hasn't it?
Supreme court backs minimum income rule for non-European spouses

Re: Surinder Singh refused.
 

Yes, it may have been lost, however, they don't want the hassle of another court case. Everyone wants an easy life, and the corrupt want it even more, so make the font really small and a lot so they hate to read it :) . I should look for my appeal as an example and paste it on here.:thumbsup: Also they don't like the shameful exposure of admitting that European Human rights are actually better than British, when there are plenty of people who will not appeal out of apathy.

Re: Surinder Singh refused.
 

Well if its obvious send the info in to make sure they know its obvious best thing.

Re: Surinder Singh refused.
 

Hello. I thought one of the options was that you can show that you were self sufficient, you don't really have to be working.

Re: Surinder Singh refused.
 

The route was tightened to only include employment or self-employment until recently. The definition has been loosened again to include self-sufficiency and study. The OP's problem is that he claimed he was working in Italy, not being self-sufficient, so was assessed on that basis.