Could you please point a link to the relevant place for the Law or the UKBA site.

viewtopic.php?p=6666#p6666

Should 'help'

I successfully got the Russians to issue Veta/ Alex new passports - they, too were insistent that they were 'illegal' on the UK as their FP visa had expired.. I got the Home Office to explain to them that my stance was correct ;)

hi, i would like to know. im come from Thailand i sent COA to Broder UK for marry with my boyfriend he from Latvia , i sent on 15Dec 2010 and Broder wanted more paper for prove we are live together? but my visa will end on 14March2011 , if Border UK don't send my passport back before my visa end , i will have a problem? thanks

Hi

you can request your passport back - stating the reasons why - enclosing a pre-paid self-addressed envelope and your UKBA reference number relating to your application on your COA

The COA is vaild for six months but if you need to leave and re-enter the UK, you'll need to apply for a EEA family permit visa.. you'll have to do this outside the UK :(

Closing a 'loophole'

Some members might remember that I have advised members living in N.Ireland ( with the right to Irish nationality) could take advantage of the EEA Family permit rules..

I note that the UK Visa folk are waiting for an European Court of Justice ruling on THAT one...

http://www.ukvisas.gov.uk/en/ecg/eunati ... t#22947092

EUN2.16 Can family members of dual British / Irish nationals qualify for an EEA family permit?
This guidance is under review due to a case being referred to the Court of Justice of the European Union (formerly ECJ).

Please refer to ECCCAT for guidance.



What DOES ECCCAT stand for, please ? Entry Clearance Casework Committee Advisory Team ???

Thanks Moby for bringing this to our attention.

I think as it is constantly updating information by the UKBA to it's staff and others it would be a good idea to copy the info here. I will do it later and after that whenever any of us noticed something new can add it here. I expect you agree with that?

This is internal guidance for use by entry clearance staff on the handling of applications made outside the United Kingdom (UK). It is a live document under constant review and is for information only.


An EEA family permit is a document similar to an entry clearance which has been given the name "EEA family permit" to distinguish it from a visa or entry clearance issued under the Immigration Rules. Instead, EEA family permits are issued under the Immigration (European Economic Area) Regulations 2006 and not the Immigration Rules. It is issued for six months in all cases and is free of charge.

The ‘expiry’ date on an EEA family permit does not formally represent an expiry of EEA family member ‘status’ in the UK. If the EEA national has not travelled to the UK within 6 months of the date of application, the EEA family permit would not be considered as valid.
As long as the non-EEA family member of an EEA national continues to meet the EEA Regulations they would not be considered as having ‘overstayed’ simply because the expiry date of their EEA family permit had passed.

A non-EEA national family member of an EEA national must hold an EEA family permit if they are coming to the UK with the EEA national or joining them in the UK.

If the family member is not travelling with the EEA national or will not be joining them in the UK, they need to apply for entry clearance under the Immigration Rules and pay the relevant fee. An applicant who does not qualify for an EEA family permit can only be considered against the Immigration rules once the specified fee is paid. Regulation 31 of the Immigration and Nationality (Fees) Regulations 2009 clearly says that if an application to be assessed under the Immigration rules is not accompanied by the specified fee, the application is not validly made. This is particularly important to fiancés and proposed civil partners of EEA nationals – see EUN 2.12.

However, please note, that if a family member who is travelling with, or is to join the EEA national in the UK requests a visit visa under the Immigration Rules, you should offer him (or her) the option of applying for a family permit under EC law free of charge.


EEA family permits may be obtained from any visa issuing post. It is not necessary for an applicant to be lawfully or normally resident in the country to apply.


Priority must be given to applications for EEA family permits. Wherever possible a decision should be made at the time it is lodged or after an interview is conducted.

However, the Regulations do not say that EEA family permits must be issued on the day that the application is made. The Directive does allow Member States to take reasonable measures to ensure that freedom of movement is not obtained by deception. Where you suspect a marriage of convenience or even ‘sham’ employment for the purpose of freedom of movement, further enquiries should be made and credibility may be tested. As long as delays are justifiable, applications can be tested until the ECO is fully satisfied.


In assessing an application, the ECO should be satisfied that:

1. the applicant is the family member of the EEA national (marriage certificate, birth certificate or other evidence of family link)
2. the EEA national is residing in the UK in accordance with the EEA Regulations (as qualified person if more than 3 months) and the non-EEA national is joining them; or
   the EEA national intends to travel to the UK within 6 months and will have a right to reside under the Regulations on arrival, and the non-EEA national will be accompanying or joining the EEA national; and
3. if applying as a spouse or civil partner, there are no grounds to consider that the marriage or civil partnership is one of convenience (see Annex ….); and
   if applying as dependent family members (dependent children 21 and over and dependent relatives) they are dependent on the EEA national or the EEA national’s spouse or civil partner; and
4. neither the applicant nor the EEA national should be excluded from the UK on the grounds of public policy, public security or public health.

It is important not to test overall intentions in assessing applications for an EEA family permit. Also, there is an initial right of residence for 3 months, which means that an EEA national does not have to be exercising a treaty right immediately on arrival in the UK.


The ECJ judgement on Metock in July 2008 prohibited Member States from having a general requirement for third country national spouses of EEA nationals to be lawfully resident in another EEA member state before they can benefit from a right to reside under the EU Free Movement of Persons Directive. Therefore, we can no longer apply the lawful residence requirement (which was based on the case of Akrich) or our own domestic legislation (the Immigration Rules) to family members seeking first admission to the EEA from outside the EEA.


The family members of an EEA national (part 7 of the EEA Regulations) include:

• spouses or civil partners;
• direct descendants of the EEA national or their spouse/ civil partner under 21;
  dependent direct descendants of the EEA national or their spouse/ civil partner 21 and over;
• dependent direct relatives in the ascending line eg. parents and grandparents of the EEA national or their spouse/civil partner.
• Financial dependence should be interpreted as meaning that the family member needs the financial support of the EEA national or his or her spouse/ civil partner in order to meet the family member’s essential needs in the country where they are present – not in order to have a certain level of income.

Important:

The direct descendants of an EEA national who are under 21 do not need to prove that they are dependant on the EEA national in order to qualify for an EEA family permit.Only the spouse/civil partner and dependent children under 21 are considered as family members of an EEA national exercising Treaty rights as a student who has been in the UK for more than three months.

Where the applicant can show that he/ she is a family member of an EEA national, an ECO must issue an EEA family permit if the requirements for issuing a family permit (see below) are met.


An extended family member of an EEA national is any other relative who meets one of the requirements listed in regulation 8 of the EEA Regulations.

An applicant may be considered for an EEA family permit as an extended family member if they are:

• residing in the same state in which the EEA national also resides and are dependent on the EEA national or are a member of the EEA national’s household; and
  
  
• accompanying the EEA national to the UK or wishing to join them there.

If the applicant does not meet both of these criteria, they can also be considered for an EEA family permit as an extended family member if they are:

• a relative of the EEA national or his spouse/ civil partner and on serious health grounds, require the personal care of the EEA national or their spouse/ civil partner; or
  
  
• a relative of the EEA national and would meet the requirements, other than those relating to entry clearance) in the Immigration Rules for indefinite leave to enter the UK as a dependent relative (paragraph 317) of the EEA national were the EEA national present and settled in the UK; or
  
  
• a partner of the EEA national (other than a civil partner) and can prove to the ECO that they are in a durable relationship with the EEA national.

Where the applicant can show that he/ she is the extended family member of an EEA national, the ECO may issue an EEA family permit if in all circumstances, it appears to the ECO appropriate to issue the EEA family permit. Therefore, an EEA family permit may be refused:

• where refusing the family member would not deter the EEA national from exercising his/her Treaty rights or would not create an effective obstacle to the exercise of Treaty rights;
  
  
• if the applicant would have been refused entry to the UK on general grounds for refusal had they been applying for entry under the Immigration Rules;
  
  
• maintenance and accommodation requirements aren’t met eg. the non-EEA national’s admittance would result in recourse to public funds.

Please read the ....... EEA and Swiss nationals - visa application guide

This guide explains how European Economic Area (EEA) and Swiss nationals, and members of their family, can enter, live and work in the UK. It is only a guide but it aims to answer some common questions.

Although the UK is also a member of the EEA, the information in this guide does not, in general, relate to British citizens and members of their family.

Follow the link below to read more:

EEA and Swiss nationals - visa application guide





The applicant must be wholly or mainly financially dependent on the EEA principal to meet his/ her essential needs in order to qualify for an EEA family permit. Whilst the following criteria are not in themselves grounds for refusal, they should be taken into consideration when assessing dependent relatives:

• Whether there are any other close relatives in the country of origin from whom the family member receives material support. If a family member receives funds from the EEA national but, for example, is living in the same household as another relative who provides their food and accommodation, the family member cannot be said to need the financial support of the EEA national in order to meet his/ her essential needs.
  
  
• Whether the family member leading an independent life. For example, if a direct descendent 21 or over is married (and especially if they have children), it may be questionable as to whether the EEA national is supporting the essential needs of both the family member and their spouse and children. In such cases additional attention should be paid to ensure that the financial essential needs of the family are being met by the EEA national.

The definition of 'spouse' and 'civil partner' in the EEA Regulations does not include someone who has entered into a marriage/civil partnership of convenience.

When a marriage/civil partnership of convenience is suspected, the burden of proof is high and rests with the ECO. However, in these cases the ECO is entitled to interview the applicant.
Factors to consider include:

• an adverse immigration history;
• doubts about the validity of documentation;
• application follows soon after the marriage/civil partnership;
• no previous evidence of the relationship.

The ECO should not consider the following cases as marriages/civil partnerships of convenience where:

• there is a child of the relationship;
• there is evidence to suggest cohabitation.

An unmarried partner can be considered for an EEA family permit as an extended family member if they are in a 'durable relationship' with the EEA national and would satisfy similar criteria used for unmarried partners under paragraph 295A of the Immigration Rules i.e. that the that the parties have been living together in a relationship skin to marriage or civil partnership which has subsisted for at least 2 years. This does not mean that unmarried partners are assessed or have to meet paragraph 295A or the Immigration rules. Rather, the ECO will have to consider factors such as the length of cohabitation, joint finances, whether the couple have children together etc. to establish whether or not the relationship is ‘durable’. Each case must be looked at on its own merits. While regulation 12(2) makes provision for the issuing of a Family permit to extended family members (including unmarried partners), ECOs should be aware that simply meeting the extended family member criteria is insufficient. Even where an ECO is satisfied that the applicant is in a ‘durable’ relationship, the ECO needs to go on to consider whether ‘in all the circumstances, it appears to the entry clearance officer appropriate to issue the family permit’ (Regulation 12(2)(c). Factors to be considered here would include things such as evidence of criminality.


Fiancé(e)s and proposed civil partners are not recognised as family members or extended family members in the EEA Regulations. However, provisions have been made for fiancé (e)s and proposed civil partners of EEA nationals paragraph 290 of the Immigration Rules. . Fiancé(e)s and proposed civil partners of EEA nationals applying under these Rules will have to pay the usual fee. For the purposes paragraph 290 of the Immigration Rules, an EEA national who is a qualified person in the UK is considered as present and settled.

An application as the fiancé / proposed civil partner of an EEA national can only be considered if the specified fee has been paid. This is because you will need to assess the application under the Immigration Rules and not the EEA Regulations. An applicant who does not qualify for an EEA family permit can only be considered against the Immigration rules once the specified fee is paid. Regulation 31 of the Immigration and Nationality (Fees) Regulations 2009 clearly says that if an application to be assessed under the Immigration rules is not accompanied by the specified fee, the application is not validly made.

Example: The fiancée of an EEA national working in the UK applies for an EEA family permit, free of charge. She does not qualify under the EEA Regulations and has not paid the specified fee to be considered under paragraph 290 of the Immigration Rules. There is therefore no valid application before the ECO. In this instance the ECO should refuse and first address why the applicant did not meet the EEA Regulations. Reference should then be made to Regulation 31 of the Immigration and Nationality (Fees) Regulations 2009.


The UK currently recognises adoptions that have taken place legally in the majority of EEA Member States (as they are either included on the designated list or because they are Hague Convention states). Switzerland is also on the designated list of recognised countries.

The exceptions to this are Hungary, which has signed the Hague Convention but not yet acceded to or ratified it and Liechtenstein (because it is not on the designated list, nor has it signed the Hague convention). In some (very rare) circumstances adoption orders made in Convention countries may not automatically be recognised in the UK. This is because only adoptions made as 'convention' adoptions are recognised (based on Article 17(c) agreements). In general, however, a child legally adopted in one of the recognised Member States should qualify for an EEA family permit provided that they meet the relevant criteria.

If the United Kingdom does not recognise a country's adoption orders an EEA national would need to re-adopt the child in the UK (or in any country whose adoption orders are recognised by the United Kingdom) in order for the relationship to gain legal recognition in the UK. This would apply if, for example, an EU national adopted a child in a country not on the designated adoption list.

As a general rule, family members of British citizens do not qualify for an EEA family permit. Article 3 of the Directive essentially says that an EEA national cannot be considered as exercising freedom of movement in their own State -

This Directive shall apply to all Union citizens who move to or reside in a Member State other than that of which they are a national, and to their family members as defined in point 2 of Article 2 who accompany or join them

However, where an EEA national has exercised a treaty right in another Member State as a worker or self-employed and they wish to return to their own State having exercised that right, certain provisions may apply in order for their non-EEA family members to qualify under the EEA Regulations.

A British national and his / her non-EEA national family members can only benefit from free movement rights if they meet the criteria established in the ECJ case of Surinder Singh. The case stated that nationals of a Member State who are exercising an economic Treaty right (that is, as a worker or self-employed person) in another Member State will, on return to their home state, be entitled to bring their non-EEA family members to join them under EC law.

Example: A British national is exercising an economic Treaty right in Germany and living with his non-EEA national spouse and children. On the British national's return to the UK, his non-EEA national family members can apply for an EEA family permit to join him under EC law.

The Surinder Singh judgement is incorporated into the EEA Regulations in Regulation 9. Family members of British nationals who meet the requirements of Regulation 9 are treated as family members of EEA nationals for the purposes of the EEA Regulations.

Applications for EEA family permits must meet the following criteria:

• The British citizen is residing in an EEA Member State as a worker or self-employed person or was doing so before returning to the UK.
  
• If the family member of the British citizen is their spouse or civil partner, they are living together in the EEA country or they entered into the marriage or civil partnership and were living together in that EEA country before returning to the UK.

Because EEA nationals have an initial three months right of residence in the UK, there is no requirement for the British national to be a qualified person on arrival. Therefore, an EEA family permit can be issued to the non-EEA national family member of a British national even if they are only visiting the UK with the British national before returning to the Member State where they are resident.

It does not matter if the only reason the British national went to another Member State was to exercise an economic Treaty right was so that he/ she could come back to the UK with his/ her family members under EC law.

The ECO should seek advice from ECCCAT where unsure about the decision to be taken in applying the Surinder Singh judgement.


Yes. A dual German / USA national can rely on their German nationality in order to exercise treaty rights and therefore their family members may apply for an EEA family permit. The applicant will need to show that -

1. they are an EEA national through the issue of a passport/ID card and that
2. they meet the requirements of the EEA regs (that is, are exercising Treaty rights, and so on.)

This guidance is under review due to a case being referred to the Court of Justice of the European Union (formerly ECJ).

Please refer to ECCCAT for guidance.

msmobyru , Moby, Marky, Mark or whatever other name you use.....


EC Complex Case Advice Team

Dual irish/british nationals?/ the McCarthy case at ECJ ?





DNA tests may be used as a last resort, but only where all other means of establishing the relationship have been exhausted and there is demonstrable doubt in respect of the authenticity of the claimed relationship.


The ECO can invite an applicant in for interview as long as any delay or deferral can be justified. The ECO should consider inviting an applicant for interview in the following circumstances:

• Strong grounds to doubt applicant is related as claimed to EEA national
• Strong grounds to doubt that applicant is genuinely dependent on the EEA national (except spouses and descendants under 21)
• Strong grounds to doubt that EEA national is in, or will be going to, the UK
• Strong grounds to doubt that the EEA national is, or will be, a qualified person
• Strong grounds to suspect the EEA national intends to 'drop off' the applicant and return to the country of origin
• Strong grounds to suspect a marriage of convenience
• Strong doubts about identity of applicant
• Strong grounds to consider refusing on the basis of Public Policy, Public Health or Public Security.

If, after consulting this guidance, the ECO is still unsure as to the appropriate course of action to take when assessing an EEA family permit application, the ECO should contact ECCCAT for advice.

Applications should be referred to the UKBA Euro Casework in the following circumstances:

• Where a refusal is considered on the grounds of public policy, public security or public health in accordance with Regulation 21. The provision for refusal of an EEA family permit on public grounds is distinct from the provision in the Immigration Rules for refusal on non-conducive, criminal conviction and medical grounds. The level of evidence required for refusals in these cases is high. A person's previous criminal convictions alone do not justify a refusal.
  
  
• Where an applicant is the subject of a deportation or exclusion order. The applicant must apply first for the order to be revoked. If successful, upon application for the family permit, the case must be referred to Euro Casework.
  
  
• Where ECCCAT has recommended referral/deferral to Euro Casework.

Details of how to send referrals to the Euro Casework can be found in OPI 225. Emails should be marked "Urgent. Non-EEA family member of an EEA National".

Naturally ANYTHING that can help genuine folk is welcome !