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 Post subject: Re: Bringing your FSU Lady to the UK under the EU Law is Fre
Post Number:#31  PostPosted: 11 Mar 2011 14:12 
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EEA Family Permits
Title is a link to UKBA site


EUN2.20 What are the visa endorsements for EEA family permits?

The applicant should be issued a Category D Vignette with one of the following endorsements:
D: 'EEA FP: FAMILY MEMBER: [TO ACC 'Name of EEA national']
OR
D: 'EEA FP: FAMILY MEMBER: [TO JOIN 'Name of EEA national']

The EEA family permit should be valid for 6 months from the date of issue and may be used for multiple entries to the UK during that period. It should carry the name of EEA national in the 'add endorsement' field and should indicate whether the non-EEA national will be accompanying or joining the EEA national in the UK.

You should explain to the applicant that:

  • The permit will indicate to the Immigration Officer that the holder is the family member of an EEA national living in the UK in accordance with the Regulations

  • The Immigration Officer has the right to refuse entry to a permit holder if:

    • the revocation is justified on grounds of public policy, public security or public health; or
    • the holder is not at that time the family member of an EEA national living in the UK in accordance with the Regulations

  • After entry to the UK the holder can apply to the Home Office for a residence card. A residence card (an endorsement in the holder's passport) enables the holder to re-enter the UK without the need for an EEA family permit for as long as they are the family member of an EEA national with a right of residence in the UK. A residence card, which is normally valid for five years, is simply a confirmation of the holder's right of residence in the UK - it is not a compulsory requirement. See further guidance on applying for residence cards.

EUN2.21 Applications from direct descendants under 18

In order to protect the interests of minors, ECOs should ensure that they have established parental responsibility for children applying for EEA family permits as direct descendants of EEA nationals, particularly where one or both parents will not be accompanying the child to the UK. In these cases it is reasonable to ask for the written consent of the child’s parent(s) or legal guardian(s) for the child to travel before issuing the EEA family permit.

EUN2.22 Refusal on grounds of public policy, public security or public health

Please note: An applicant who applies for an EEA family permit, but who may be considered as a threat to Public Policy, Public Security or Public Health cannot be refused under the General Grounds for Refusal of the Immigration Rules. This is because the application is made against the EEA Regulations and therefore the refusal would need to be against these Regulations.

EEA nationals or non-EEA national family members may also be refused admission to the UK on grounds of Public Policy, Public Security or Public Health. More detailed information can be found in ECI Chapter 8. If ECOs are concerned that an application may fall to be refused, they must refer to the Euro Casework following the instructions in OPI 225.

EUN2.23 Suggested refusal wordings

i. The applicant does not provide any (or adequate) evidence to support his claim to be the family member of an EEA national

"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 2006."

ii. The EEA national is not in, or will not be going to, the UK

"I am not satisfied that your EEA national family member is residing in the UK, or will be accompanying you to the UK within six months of the date of the application, in accordance with Regulation 12(a) of the Immigration (European Economic Area) Regulations 2006."

iii. The applicant is not genuinely dependant on the EEA national or his/her spouse.

Family Members:

This does not apply to spouses/civil partners or children aged under 21, except in the case of a student who has been resident in the UK for more than three months, where the children of any age must also be dependent.

"In order to qualify as a family member you are required to be dependent on the EEA national but I am not satisfied that you are dependent as claimed. I am therefore not satisfied that you are a family member in accordance with Regulation 7 of the Immigration (European Economic Area) Regulations 2006."

Extended Family Members:

"I am not satisfied that you lawfully residing in an EEA state in which the EEA national resides and are dependent on the EEA national or a member of his/her household. I am therefore not satisfied that you are an extended family member in accordance with Regulation 8 of the Immigration (European Economic Area) Regulations 2006."

In cases involving extended family members - the applicant may have provided evidence of dependency or that they lived as part of the EEA national’s household in an EEA state prior to coming to the UK. However, there are insufficient grounds to believe that the EEA national would be deterred from exercising his Treaty rights if their family member could not come to the UK.

"I have undertaken an extensive examination of your personal circumstances in accordance with Regulation 8 of the Immigration (European Economic Area) Regulations 2006 but I am not satisfied that there are sufficient grounds for issuing you with an EEA family permit for the following reasons…"

iv. The applicant claims to require the personal care of the EEA national on serious health grounds:

"Your case has been considered under Regulation 8(3) of the Immigration (European Economic Area) Regulations 2006. This area of the Regulations refers to a relative of an EEA national or their spouse/civil partner who may be granted entry if they require the strict personal care of the EEA national or their spouse/civil partner on of serious health grounds.

In your case you have [reasons e.g. no evidence of serious health issues/the need for care by the EEA etc.]"

v. The applicant claims to be in a 'durable relationship' with the EEA national

"You have applied for an EEA family permit as a person who is in a durable relationship with an EEA national. Your application has been considered in accordance with Regulation 8(5) of the Immigration (EEA) Regulations 2006 but you have failed to prove that you are in a durable relationship with an EEA national.

In cases where a person is seeking to be considered as an unmarried/same-sex partner of an EEA National, we apply the same criteria as that stipulated under the Immigration Rules for a person seeking leave to enter as the unmarried/same sex partner of a British or Settled person.

Your case has therefore been considered under Paragraph 295A of the Immigration Rules
In your case you have [reasons e.g., no intention to live together, no evidence of 2 year durable relationship etc.]"

vi. The EEA national is not a qualified person because there is no evidence of Treaty rights being exercised:

"You have failed to provide evidence that your EEA national family member is a qualified person in accordance with Regulation 6 of the Immigration (European Economic Area) Regulations 2006. I am, therefore, not satisfied that your EEA national family member is residing in the UK in accordance with the Immigration (European Economic Area) Regulations 2006."

Please note: because of the initial right of residence, the ECO cannot refuse someone on the basis that that their EEA national family member will not be a qualified person in the UK on arrival. However, if the ECO is satisfied that the EEA national has been in the UK for longer than three months, the ECO must be satisfied that the EEA national is a qualified person.

vii. The applicant is a party to a marriage of convenience

"The definition of 'spouse' in the Immigration (European Economic Area) Regulations 2006 does not include a party to a marriage of convenience. I am satisfied that you are party to a marriage of convenience and are therefore not the family member of an EEA national in accordance with Regulation 7 of the Immigration (European Economic Area) Regulations 2006."

Extended Family Members

"You have applied for an EEA family permit as the extended family member of an EEA national. However, I am not satisfied that you are an extended family member in accordance with Regulation 8 of the Immigration (European Economic Area) Regulations 2006.

Extended family members do not have an automatic right to be considered as a direct family member of an EEA national. Only those defined under Article 2 of the Directive 2004/38/EC have an automatic right to join or accompany an EEA family member to another member state when that EEA national is exercising a movement right.

Article 3 of Directive 2004/38/EC provides the basis for a member state to consider other relatives, such as ‘extended family members’ and determine the terms of entry and residence to such ‘beneficiaries’ in accordance with their own domestic legislation. (Article 3(2)).

The United Kingdom has transposed the terms of Article 3 into Regulation 8 of the Immigration (European Economic Area) Regulations 2006. As Regulation 8(4) makes clear, the UK is allowed to set terms on when it will accept extended family members and allow them to reside in the UK as family members of an EEA national. Your application has therefore been considered in accordance with (insert para) of the Immigration Rules. I am not satisfied that you qualify under this paragraph because:…"

ix. The British citizen is not exercising a Treaty right in a Member State (Surinder Singh)

"You have applied for admission to the United Kingdom in accordance with Regulation 9 of the Immigration (European Economic Area) Regulations 2006 as the family member of a British national who has been / was previously working or self-employed in another Member State. However, in view of your failure to provide documentary evidence that the British citizen is/was working or self-employed in another Member State prior to returning to/coming to the United Kingdom, I am not satisfied that the Regulations apply in this case."

x. The applicant is the spouse/civil partner of the British national but is not/was not living with the British national in the EEA State (Surinder Singh)

"You have applied for admission to the United Kingdom in accordance with Regulation 9 of the Immigration (European Economic Area) Regulations 2006 as the family member of a British national who has been / was previously working or self-employed in another Member State. However, you are not living with the British national in (the EEA State), nor were you living together in (the EEA State) before the British national returned to the UK. Therefore, I am not satisfied that the Regulations apply in this case. "

EUN2.24 Do applicants for EEA Family Permit get a full right of appeal?

An applicant for an EEA family permit has a full right of appeal against refusal under the EEA Regulations, as it constitutes an “EEA decision”, which is a decision under the EEA Regulations concerning a person’s entitlement to be admitted to the UK.

Like appeals against entry clearance decisions, the appeal is heard in the UK. However, the family member would not have an entitlement to attend the hearing in the UK. A person claiming to be the family member of an EEA national may not appeal under the EEA Regulations where: they have not produced any evidence of the EEA national family member’s nationality, or, that they are related, as claimed, to the EEA national.

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 Post subject: Re: Bringing your FSU Lady to the UK under the EU Law it's F
Post Number:#32  PostPosted: 15 May 2011 11:34 
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From the web site of the UKBA

EEA Family Permits
Last updated 23 March 2009


The 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.

Image to the main page.
Clicking on any of the links on the main page takes you directly to the relevant information.

Image Specific to
EUN2.14 Can family members of British citizens qualify for an EEA family permit? ('Surinder Singh' cases)

Because it is a live document it is suggested to check if there have been any amendments/changes made before relying on the information.

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 Post subject: Re: Bringing your FSU Lady to the UK under the EU Law it's F
Post Number:#33  PostPosted: 10 Sep 2011 11:16 
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I tried reading some of this stuff to figure out if my wife needs a visa if we want to visit the UK, but it just made my head hurt...

So... if anyone in the know care to throw me a bone... I am an EEA national and my wife lives with me in Norway, will she need a Visa for a weekend trip to London?

Stubben


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 Post subject: Re: Bringing your FSU Lady to the UK under the EU Law it's F
Post Number:#34  PostPosted: 10 Sep 2011 12:21 
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Hi Stubben

Nice to see you back on the board.

Norway is part of the European Economic Area and if your wife has a RESIDENT CARD (Permit*) , issued by NORWAY, then under the EU Directive 2004/38/EU Article 5(2), she does not need any visa to visit the UK and all other EU countries except the Irish Republic.

*SETTLEMENT PERMIT- for Norway
A settlement permit (a permanent residence permit) confers the right to live and work in Norway permanently. This permit is not time-restricted and therefore does not need to be renewed.


So what type of Visa does your wife has been issued?

Here is the Resident Card for Netherlands.

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And verification from the EU Parliament after my petition against France!
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 Post subject: Re: Bringing your FSU Lady to the UK under the EU Law it's F
Post Number:#35  PostPosted: 11 Sep 2011 10:04 
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Thanks Wiz!

She does have a residence permit ("Oppholdstillatelse"), but it is not a permanent one. The way it works in Norway is that they issue a residence permit for one year at a time. After living in Norway for 3 years she can apply for a permanent residence permit.

Always something to complicate things...

Stubben


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 Post subject: Re: Bringing your FSU Lady to the UK under the EU Law it's F
Post Number:#36  PostPosted: 11 Sep 2011 13:34 
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stubben wrote:
Thanks Wiz!

She does have a residence permit ("Oppholdstillatelse"), but it is not a permanent one. The way it works in Norway is that they issue a residence permit for one year at a time. After living in Norway for 3 years she can apply for a permanent residence permit.

Always something to complicate things...

Stubben

I have read yesterday the conditions for a Family Permit in Norway and I am aware that for the first 3 years the "Family Permit " is not Permanent BUT it is still a RESIDENT PERMIT and it's the same as the one of my wife, which is valid for 5 years (the UK issue Resident Cards for 5 years). After 5 years, then, my wife will have to apply for a Permanent Resident Card.

According to the Directive and also the UKBA site she does NOT have to apply but having a Russian Passport and a Temporary or Permanent RESIDENT CARD, makes life easier with airlines and immigration officers. After 5 years my wife will apply for British Nationality and Passport to make life easier when we want to visit our family and grandchildren in the USA.

As I said before if your wife has a Family Permit then she can either come to join you alone in the UK or she has to travel with you and under the Article 5 (2) of the Directive 20004/38/EU she does NOT need a visa.

I am sure you can clarify this with the British Consulate in Oslo.

Embassy of the United Kingdom in Oslo

ADDRESS Thomas Heftyesgate 8
0264, Oslo
Norway
PHONE LOCAL: 2313.2700
INTERNATIONAL: +47.2313.2700
FAX LOCAL: 2313.2741
INTERNATIONAL: +47.2313.2741
EMAIL: britemb@online.no

Actually the Brits are very good implementing the Directive but if they give you hasle and ask you to apply for a Family Permit, which is Free, I will be very happy to help you and give them hard time in the EU Parliament.

Let us know and good luck.

[drinks.gif]

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 Post subject: Re: Bringing your FSU Lady to the UK under the EU Law it's F
Post Number:#37  PostPosted: 12 Sep 2011 20:36 
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You are very accommodating Wiz, it's great to see someone being so open towards helping others [clap.gif] [thanks.gif]


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 Post subject: Re: Bringing your FSU Lady to the UK under the EU Law it's F
Post Number:#38  PostPosted: 13 Sep 2011 10:32 
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johnstandy wrote:
You are very accommodating Wiz, it's great to see someone being so open towards helping others [clap.gif] [thanks.gif]
John

When we decided to start our board, nearly 3 years ago, one of our aim was to have an independent place and platform where people can visit and ask for help or offer their help and advice to other people with similar aims. My self, the moderators and all members, here, are very happy helping other people to achieve their goals and mostly to avoid any pitfalls that we all have already encountered in our search for finding the right woman to share our lives.

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Russian World Forums is the place to ask or answer questions about Russia and the FSU Countries. Get advice about finding Russian brides, travelling to Russia and the FSU, applying for fiancé or spouse visas, living with a Russian or an FSU woman and more. Give advice, read trip reports, share experiences, make friends, find translators & interpreters, discuss Visa and other relationship problems, check the reputation of marriage or dating agencies/sites and also have fun!

Most similar boards, now, being financially supported by marriage agencies and related service providers, so we are confident in our claim that Russian World Forums now remains the largest independent forum of its kind.

On our board we have been creating a friendly atmosphere where you can visit to have a chat in a friendly manner, ask or offer advice to newbies, learn about Russian/Ukrainian culture, write about your own experiences and of course have fun. [wink.gif]

PS: Sorry John, I couldn't resist the opportunity advertising our board! [embarrased.gif]

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 Post subject: Re: Bringing your FSU Lady to the UK under the EU Law it's F
Post Number:#39  PostPosted: 01 Oct 2011 15:10 
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Wiz, did you write your post #31 yourself, or is that from some site? (can you post a link, please?)
Stubben, I just happened to read up on this stuff too. Here is a pretty good page with explanation of the EEA family permit (EEA family permit). From what I am reading, it seems to me too that your wife is ok. But, I think there is one catch to it (others, feel free to jump in, in case I am wrong). Having the EEA family permit, your wife does not need visa, but the catch is that when traveling through the border, she must be with you personally. She can't go alone. That is what I am getting from it.


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 Post subject: Re: Bringing your FSU Lady to the UK under the EU Law it's F
Post Number:#40  PostPosted: 03 Oct 2011 07:44 
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Jessie

If you read carefully the post 31 Wiz makes a comment that the title of his post is a link the the relevant source. [wink.gif]


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