Wilspin60

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.

BritInParis

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

Wilspin60

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.

BritInParis

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

123Speak

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.

Wilspin60

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.

Wilspin60

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.

BritInParis

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.

holly_1948

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.

123Speak

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.

BritInParis

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

123Speak

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.

Wilspin60

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.

BritInParis

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.

Wilspin60

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.