ASK! a question about visas for the UK

This section contains Questions asked by our visitors, along with the Answers from the team at ukimmigrationspecialist.com Please feel free to ask us any question that you may have about visas for the UK. We will attempt to answer as soon as possible. Please don’t hesitate to ask us; there is no such thing as a silly question. We will always respond!

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111 Responses to ASK! a question about visas for the UK

  1. Pearl says:

    Hi There,

    My husband is an EEA national, I am a South African. He was working in Jersey (channel islands) in 2007/2008. I applied for an EEA permit but because we were not married got refused. We got married married in 2009 and re-applied and still got refused because they thought we only got married because I wanted to join him. He has since come back to South Africa. We would like to go back to Jersey together now, he has a job offer but does not want to accept it just incase i get denied the permit again. Is it possible to apply for ther permit and then start looking for jobs or does he have to have a job first as the application form requires information about where we are going to live?

    Thanks
    Pearl

    • Dear Pearl,

      Thanks for visiting our blog. For an EEA FP application, your husband does not need to have arranged a job in advance. You can therefore apply for the Permit, and he can then start looking for jobs. You are correct of course that the application form requires information about where you are going to live. If you have no accommodation arranged, you’d write that this will be arranged after the Permit has been granted. Alternatively, if you propose to stay in hotel accommodation which has already been arranged, you could provide the hotel’s details.

      Hope this helps. Good luck with the application!

      Kind regards,

      UKimmigrationspecialist.com

  2. debra says:

    Dear UK Immigration Specialist,

    My partner and I have lived together since December 2010, in April 2012 my partner who is from Pakistan had to return home due to a family problem.

    Now he is having problems getting back. We have taken advice and help from a solicitor and on their advice i applied for a visa to go to Pakistan and marry my partner in order for him to apply for a spouse visa. Unfortunately my visit visa for Pakistan got declined (that was in August 2012).
    So we decided to apply instead for a fiancee visa. I work part time at McDonald’s and after applying for a lot of jobs because it was obviously becoming a struggle to earn the amount to live i got a receptionist job full time, which started in August 2012.

    So my partner and I with the help of the solicitor got all the documents together for the application but as i had only been working at the company since August i had only 3 months pay slips. My total wage with both jobs is 24,000 which meets the financial requirement.

    My partner applied on November 2nd and on Monday 21st January 2013 he got decision and the visa had been rejected. They said we need to show 6 months worth of payslips for both jobs, job letter for both jobs and bank statements for 6 months showing these payments.

    In November and December the company where i work as a receptionist had problems with their system and because of it being Christmas they paid me cash in hand but i still have the pay slip (but there is no corresponding wages payment into my bank. It will be paid into my bank as normal for this month.

    Now we are unsure what to do. Our first thoughts were to do an appeal and get a tribunal hearing and then hopeful get the visa.

    But after speaking to the solicitor, he said that these tribunals can take up to 9 months and therefore advised us instead to just reapply for the visa again with these documents added to it.

    Now we don’t know what to do. We are very scared and disappointed that we didn’t the visa and we don’t want them to turn around and find something else to reject our application on. It is a lot of money and i just want him home.

    Please could you advise us what to do. what do you think is the best chances of us getting visa if we appeal or reapply.

    We only have 28 days to reapply so as soon as you can reply it would be very much appreciated.

    Sorry if its very long but all of this is so stressful and i would really appreciate your advice.

    Thank you in advance

    • Dear Debra,

      Thanks for stopping by. I’m very sorry to hear about your and your partner’s predicament. I hope that you will be reunited soon!

      As for your question whether your partner should appeal or re-apply; this is difficult to answer. Personally, if I was sure that my application met the requirements, that my previous application was refused solely on lack of the correct documentation but I now have the correct documentation, and time is of the essence, I’d re-apply. Simply because re-applying can be a quick fix; your legal rep is right in saying that appeals can take a long time. There is, however, also nothing in UK immigration law to stop you from doing both simultaneously (i.e. appeal and re-apply at the same time). You can re-apply at any time but of course you’d need to make sure that you refute the ECO’s refusal grounds one by one and enclose the correct documentation. If you decide to appeal, you must do this within 28 days from the date that your partner received the refusal decision.

      I understand that the application was refused because you would not have provided the correct documentation re: your income. Perhaps it’s helpful I give you the link to UKBA caseworker instructions regarding financial documents to be submitted in support of family route applications. You could use this information if your partner decides to submit a fresh application. You can find the link here. You will note that this document explains in detail how the income requirement can be met, and which documents need to be provided.

      As for your cash payments, you are correct in saying that ECOs are looking for bank statements that corroborate your pay. If you were paid cash in hand in December, I’d advise you to obtain a letter from your employer to confirm that you were indeed paid cash in hand that month. Please ensure that the letter contains full details of the company contact (name, position held, telephone number and e-mail address) as well as your full details.

      I hope that this has helped. I wish you and your partner good luck with the appeal and/or fresh application!

      Kind regards,

      UKimmigrationspecialist.com

  3. kamkam says:

    hi,
    my name is Saif and my nationality is Pakistani, currently I am in Poland on temporary residence as I am married with a polish girl.
    My story is long and complicated so I will try to cut as much as I could but I need urgent answer as I am going to submit my EEA family permit by the end of jan 2013.
    I entered UK on a student visa which was valid for 5 months coz my college was not holding a valid license anymore so they still issue me visa but not according to my purposed course which was 4 years degree. Once I was there I start a normal life apply for extension but once again the college I choose lost its license once my application was in process so eventually they refuse me I appealed but it was refused again in the meanwhile I was hanging out with my girl friend who is my wife now and she knew all about me. Once I lost my appeal I told her I am going back to Pakistan coz there is no other way to live there so I will reapply. But we were engaged that much that for neither of us it was possible to live separately so we decided to get marry regarding that we apply for COA( certificate of approval) and got one and went to get a date for marriage in registration office but the lady there ask me she has to do a little interview individually from both of us. We agreed and my wife (polish citizen as well holding permanent residence card for uk) went first and answer all the questions then it was my turn but I was not prepared the fact is we were living together for like 1 and half year and I never ask her for her back ground and home country so I could not satisfy registrar about her family questions. We already had doubt that I did not went well so the outcome could be worse so my wife asked the registrar that since I did not answer all the questions how it will impact on our weeding she said that after 14 days on your wedding prepare yourself we will ask you questions again. We went home and prepared everything again I memorize her parents name there date of birth and stuff which was so stupid for me coz I want to spend my life with the girl not the parents anyway on our wedding day my wife father showed up surprisingly and we were very happy but later on home office team came into wedding room and asked for me and said that since I am illegal I could not marry and took me out
    I insist them that you people issued me COA so what was that about they say that was a piece of paper and that is it. Later on one of agent told me that we were informed by the registrar that this is not a genuine wedding so we came but watching my father in law and my wife crying they believed us but told that you could not let us marry today. They took me to their office and said that I have two options either leave country volunteerly and reapply and the officer will write my application soft and whenever I apply in the future UK visa this thing will not come out(whereas they took my all finger prints). Or they will pay for my ticket but I would not be able to come back for 3 years. I decided to leave volunteely they said I could wind up and leave as soon as possible they did not give me any time limit. So they set my free and me and my wife had our tickets of national express and hotel booking for Brighton for honeymoon and we straight went there we both were upset but we face the fact… in the meanwhile I was working in a supermarket the officer told me keep doing what you are doing and try to leave soon. So I thought he is indicating here about my job but the letter (liable to detain) he gave me was declaring that I am not allowed to work. Anyway I continue working there and in couple of months they show up on my work place it was same home office team and the officer told me that I should leave and not allowed to work so I went home booked a ticket to Pakistan and came back.
    It was a tough time for both of us now a lot of things opened on us that home office in way played a game with us but we did not gave up. My parents in law insist me to travel to Poland and get marry there so they sent me invitation and I applied for polish visa but seeing my previous travel history I was refused. Later on Aleksandra came to Pakistan and we married there and then as polish embassy was moved to Abu Dhabi so I had to visit there twice to get my polish visa. And eventually I came Poland 5 months ago.
    Right now we want to apply for EEA family permit.. I read a lot of threads here regarding EEA family permits. The documents I am providing with my application are as follow:
    1 Marriage certificate from Pakistan and Poland both English translated and attested.
    2 My birth certificate
    3 travel insurance for Poland
    4 comp. sickness insurance for uk
    5 passport
    6 her passport attested by polish embassy and her id card
    7 110 pictures of Pakistan Brighton different occasion in London and Poland
    8 Two years emails yahoo chats face book chats and phone records of all the time since we were separated
    9 certificate that me and my wife are registered in Poland in her parents’ home
    10 COA from uk
    11 letters from friends and family in support of our relationship
    12 my wife’s cover letter
    13 my introduction letter
    14 my wife pay slips
    15 her work contract
    16 new tendency agreement
    17 her bank statements
    18 proof of address as phone bills
    19 Uk residence ship certificate
    20 her trips to Poland and Pakistan tickets copy
    21 her NI contribution
    22 letter from her accountant
    23 letter from people who are living in her home in UK stating that they are happy that on intended date I will move in again with her
    24 my Uk bank statements
    25 our previous tendency agreement
    26 cards we exchange on different occasions
    27 our wedding card
    29 my bank statement from Pakistan
    30 my polish id card copy
    Well there some more documents I just cannot retrieve their names…
    My questions are:
    1 Which documents I should add more and which I should take out from this list?
    2 we know it will be very tough for us to satisfy on genuine marriage so my wife’s cover letter is most important can you please explain that how it should be written?
    3 what are the chances of success and what week points we have? (except me over stay in Uk and then working illegally )
    4 Is there anything you can help us on and as you have huge knowledge on such cases please tell me from your point of view what is going to make our application successful?
    I will appreciate a quick answer from you as we did really hard work on this case and I personally only want to apply once because I already have pay a huge amount of time and money on my one mistake and It is almost impossible for both of us to live in long distance relationship.. she visits me here in every three weeks as it is much easier compare to Pakistan but still as a married couple we want to have a normal life and want to live together for good and happily… looking forward for your answer.
    And please forgive me as I believe it was one of the longest story you read and it consumed a big amount of your precious time.
    Thanks in advance
    Saif

    • Dear Saif,

      Thanks for stopping by. And please don’t worry about the length of your message!

      We are sorry to hear about your, and your wife’s predicament. I will attempt to answer your questions in turn below.

      1. Which documents should you add, and which should you omit.

      Normally speaking, I’d advise EEA FP applicants to only include supporting documents that are particularly relevant to such applications, and to keep these to the bare minimum. Having read the details of your immigration history (or perhaps rather how this will be perceived by an ECO), however, I would indeed recommend that you submit additional information. I’d say that, in your particular circumstances, the list is correct. For example, you’re quite right in thinking that the ECO may question the genuineness of your relationship. Hence it is very wise indeed to include evidence of your relationship (evidence of contact, e.g. evidence of her travels to Pakistan etc.). Also, you’re spot on in that given that your wife resides in the UK, she would indeed need to demonstrate that she is a qualified person (i.e. in her case, that she is employed in the UK). In other words, you’re absolutely right to include evidence of her job in the UK. All in all, the list of documents that you have provided, in your circumstances, is very comprehensive and, I’d say, right. Bank statements and UK accommodation details, however, are not required. Not yours, not hers. That said, they’re not likely to do much harm either (unless there happen to be questionable entries, such as overdrafts, on the statements).

      2. The covering letter.

      This should contain your, and your wife’s, full personal details. Your wife should clearly state that she supports your EEA FP application. It should also state that she is a resident of the UK (as evidence by her residence card), that she is a qualified person (and how she is a qualified person; i.e. she is employed, as evidenced by her work contract and payslips). Given the circumstances, her letter should also explain the background to your relationship (how/where you met, how the relationship developed, how she followed you to Pakistan to marry etc. and that now, it is her wish for you to join you in the UK).

      3. What are your chances of success and what are the weaknesses in your application.

      Unfortunately, we can never predict the chances of success in visa applications. Each case is treated on its merits; circumstances differ; and also, each ECO is different. All we can say is that, if the application meets the criteria under the Regs, and the right documents are submitted, there is no reason why an application should be refused (or, in the case of a refusal; why a case could not be won at the appeal stage). The only weakness that we can see in your application is what you have -rightly- written yourself; overstaying and illegally working in the UK. These factors are not, however, in itself sufficient grounds to refuse an EEA FP application. To an ECO, however, this is like a red flag to a bull and chances are that your application will therefore be scrutinised with a fine-tooth comb. Like you say, chances are that, because of the overstaying and work, an ECO will go down the marriage of convenience route. You are quite right therefore in providing more evidence of your relationship than that which would normally be expected in support of EEA FP applications.

      4. What is going to make your application successful.

      If your application meets the Regulations, chances are that the application will be successful, either at the application, or, should the application be refused, at the appeal stage.

      I hope that this has helped. We wish you good luck with the application.

      Kind regards,

      UKimmigrationspecialist.com

      • kamkam says:

        Dear sir,
        I don’t know how to thank you . you just sort out one of my big problem and ofcourse your urgent reply means a lot to me. I will keep informing you about my process. And its wonderful to have an adviser next to me and all kind of issues regarding EEA FP I had they are almost solve. Thanks a lot one more time

        SAIF

  4. Khan says:

    Hi Barry,

    I have read your blog and found very useful. I really appreciate on your effort and congratulate you on doing such a great job.

    I have a confusion and query about my case …..

    My confusion is … according to guidelines if “ Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the five years, provided this period was not longer than three months” …………………. If this is the case then my question is that whether a person is eligible for IRL if he/she spent 4 year and 9 months in UK with only 2 trips of holidays (15 days each )outside the UK.

    Here I am also sharing details of my case

    My HSMP Entry Clearance Date: 11- April -2008

    Entered in UK Date: 12- July -2008 ( Gap: 3 months and 1 day / or 2 days depends how we calculate)

    Tier 1 VISA extension till : 11 – April – 2013 ( Time I will spend till my visa will expire is 4 years and 9 months exactly ( from 12 July 2008 to 11 April 2013)

    Also I have no plane to go outside the UK until I got new visa.

    Based on this case what you think whether I am eligible to apply for IRL or I have to apply for extension just for 1 day late entry. Can i get any special discretion and how? I am eligible to apply for ILR then when should I apply?

    I will really appreciate if you can answer my query in details.

    • Dear Mr Khan,

      Thanks for visiting our blog and for your kind words. Unfortunately, we specialise in pre-entry (i.e. visa application) cases only and we do not therefore answer post-entry queries as such; quite simply because this is not our area of expertise. We are, however, aware that, as you write, (after entry) caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the five years. The latter provided that this period was not longer than three months. I am afraid that we are unaware, however, if, in your case, you’d need to apply for an extension of literally only one day. To us this would seem harsh, but then again, stranger things have happened. Since after entry is not our area of expertise, we would not want to give you any conclusive advice. In stead, we would advise you to contact the Home Office direct and ask them to confirm their reply in writing, so that you can enclose this with your application for ILR.

      Kind regards,

      UKimmigrationspecialist.com

  5. Louis Dawson says:

    Hi, i have a (genuine) relationship with a Russian girl and we have developed serious feelings for each other and are making plans for her to come to the UK to live with me. We are unmarried and have been frequently meeting up since we met 9 months ago, taking every opportunity to progress our relationship. Apart from a marriage/fiance visa (or EEA family permit), is there any other way that she could live and work here soon? Our feelings are really strong and we are very keen to build a future together. I will add that she really wants to come here to work, as well as live. Although we are not afraid of getting married, we would like to know if there are any other options available to us. Your help would be much appreciated. Thanks.

    • Dear Louis,

      Thanks for stopping by. If the intention is to work and live with you in the UK your only options would be a civil partnership visa or a marriage/fiance visa. An EEA Family Permit would only apply if you were married already (and you are an EEA national of course). A common-law spouse visa, in your cicrumstances, would not be an option because this only applies if you’ve been in a relationship that is akin to marriage for at least two years. Your only other option would be to go down the work route, e.g. if your girlfriend were to find a sponsor (i.e. an employer in the UK) and submits a Tier 2 application.

      Hope this helps.

      Kind regards,

      UKimmigrationspecialist.com

      • Louis Dawson says:

        Thank you so much for your prompt reply. If my girlfriend and i decide to take the option of getting married, i understand that we would have to get married within six months. Is there any allowance of time in this case, because time goes so quickly; it would give us a little more time to get things sorted?

        Thanks again!

        • Dear Louis,

          Thank you for your message. This blog focusses on (pre-entry) visas. In terms of fiance(e) visas; these are valid for six months only. There is no provision in the UK immigration rules for an ECO to issue a fiance(e) visa for a period in excess of six months. The idea is that, within these six months, the applicant gets married. Whilst we do not offer advice on after-entry cases (i.e. after the applicant has entered the UK on the strength of, for example, a fiance(e) visa), we are aware that the Home Office will typically only extend leave to enter if there are compassionate circumstances. You can find the after entry caseworker instructions for fiance(e) visas on this link here (please click on 4, section 3).

          Hope this helps.

          Kind regards,

          UKimmigrationspecialist.com

          • Louis Dawson says:

            Thanks again, i now have much to consider! Before we think about the next step, i would like to ask the following questions:

            1) Is an EEA Family Permit the same as a visa, and does it come with the same guarantees and security as a visa?

            2) If my partner and i decided to marry before any application (for EEA family permit or fiance/spouse visa) was made, would a subsequent EEA family permit application result in success for us as we are already man (UK citizen) and wife?

            3) Should i assume that if my new wife entered the country and had her new EEA permit, would she still have 30 months initial stay, as is the case with a visa?

            4) Is it true that the EEA family permit is free from charge?

            I’m sorry to bombard you with so many questions! Your help is invaluable to me and is very much appreciated.

            Kind Regards.

            Louis

            • Dear Louis,

              No worries, UK immigration law is complex so please fire away. To answer your questions in turn:

              1) Is an EEA Family Permit the same as a visa, and does it come with the same guarantees and security as a visa?

              An EEA Family Permit is processed under the EEA Regulations; a visa is processed under the UK immigration rules. Both grant entry to the UK but on different terms. Both grant the same security in that they both grant leave to enter the UK. I full well realise that this sounds like legal mumbo jumbo (and it is) but, hopefully, my next answers will clarify things.

              2) If my partner and i decided to marry before any application (for EEA family permit or fiance/spouse visa) was made, would a subsequent EEA family permit application result in success for us as we are already man (UK citizen) and wife?

              You write that you are a UK citizen. In that case it is important to note that UK citizens, for the purposes of the EEA Regulations (and therefore EEA FP applications) are only, for immigration purposes, treated as EEA nationals if: a) the British citizen is/has been exercising a so-called Treated Right (this means employment or self-employment) in “another EEA State” (this means any EEA state except the United Kingdom) and b) the British citizen and his/her non-EEA spouse are/have been living together as husband and wife in that other EEA State. Given that you are not married yet, I therefore very much doubt if an EEA FP application would meet these criteria.

              3) Should i assume that if my new wife entered the country and had her new EEA permit, would she still have 30 months initial stay, as is the case with a visa?

              No. An EEA Family Permit is valid for six months only. After entry, the holder applies for a residence permit (via the Home Office). This residence permit will be valid for 5 years. It is important to note that the holder of an EEA FP cannot “switch” to a “spouse visa” whilst in the UK. This is because EEA FPs are considered under the EEA Regulations, whereas fiance(e) or spouse visas are considered under a different set of regulations, namely the UK immigration rules. One cannot switch from one set of regulations to the other.

              4) Is it true that the EEA family permit is free from charge?

              Yes, this is correct. EEA FP applications are processed free of charge. Also, for EEA FP applications, there is no income or accommodation requirement (as you will undoubtedly be aware, there is an income and accommodation requirement for applications processed under the Immigration Rules).

              The crux of the matter is whether or not your fiancee (then wife) could apply for an EEA FP. If you’re not (self)employed in another EEA State and you’ve not been living together as husband and wife (or as civil partners, or as common law spouses, the latter only if you’ve been living together for at least two years) in that other EEA State, she could not apply for an EEA FP.

              Hope this helps.

              Kind regards,

              UKimmigrationspecialist.com

  6. kamran says:

    hi i wrote a post yesterday but it did not appear yet

    • Dear Kamran,

      Thanks for visiting our blog. I’ve just checked the system for you. I saw that you left two comments; one says “hi” on our “Who are we page”, the other says “hi there” on our “Contact page”. There was no further message, which is why your two comments, unfortunately, didn’t make it through our spam filters. I’ve just removed them from our spam queue so that you can see what we received. Please resend your full comment/question so that we can reply.

      Kind regards,

      UKimmigrationspecialist.com

  7. kamkam says:

    hi there

  8. donaldf26 says:

    Can you PM me your email address. Need to share a draft letter that I plan to send to UK Border Agency – Jonathan Devereux, Head of European and Nationality Operational. I request you feedback on the same.

  9. donaldf26 says:

    I have already replied to the ECM’s email quoting the Policy teams email with the attachment and marked the policy team in the email.

    • Donald,

      Great news. In my opinion, that is the best course of action. Hopefully, you’ll be on your way soon! Please keep us posted of developments.

      Kind regards,

      UKimmigrationspecialist.com

  10. Scorpio says:

    Hi there, this is my first time to visit your website and its really impressive, I was wondering if you give some advice on my EEA family permit matter.
    ECO refused my family permit this year due few reasons. Our intention was to visit just for few days(2 weeks time), Fact are
    1- I am non -eea and wife is eea national and we married in the UK after approval of Certificate of approval Co, I was overstayed when I applied for CoA, later I left UK with my own choice and expenses
    2- We have one eea national child
    Eco refused application on following reasons
    ECO refused on following 4 reasons

    1- you married in the UK while being illegally however you not provided me any other evidence that you are in genuine relation ship
    2- you have not provided any evidence that you are living together or intend on traveling to the UK together

    3- when I left the UK then I applied EEA FP but refused because wife wasn’t flying with me,(I did not appeal this refusal)ECO considered last application too here and stated I am satisfied that your marriage to the eea national facilitates your long term presence in the member states and achieves your primary goal to get in the UK.

    4-about sufficient resources:
    Even for less then 3 months time i don’t need to show any finances but ECO talking about comprehensive sickness insurance even, as I answered “not relevant to this application” in form Eco stated that I am not satisfied that EEA national is self sufficient, in absence of satisfactory evidence to show that eea national and family remember will not be reliant on the social assistance in the UK.

    Remember I provided to proof all these points then I appealed, but judge dismissed appeal because he believe that llant would have to establish , sponsor is resident in to the UK or accommpying the appellant within 6 months time, although there is a photocopy of the residence card on file but there is no recent statement from EEA national as to her whereabouts. the EEA national was also not present at the hearing to confirm that she is present in the UK or supporting the application as may be expected.
    So eco refused application on different points and judge dismissed appeal on different one. I provided all evidences with appeal bundle tht spouse supporting this application.

    What will you advice me. How to deal with it. Indeed I will got o UT.
    Thanks for your time in advance, really appreciated.

    Scorpio
    ,

    • Hi Scorpio,

      Thanks for stopping by, and for your kind words. Before I reply, I’d be grateful if you can clarify a few things for me. What is your nationality and what is your wife’s nationality? How many times were you refused an EEA FP and what precisely were the grounds for refusal on each separate occasion? Where does your wife live, and how long has she been living there? Where is your wife now? You write that the ECO refused an application because your wife wasn’t flying with you. Where was your wife at the time? In the determination, did the judge refute the ECO’s reasons for refusal?

      Many thanks,

      Kind regards,

      UKimmigrationspecialist.com

      • Scorpio says:

        Hi there, Thank you vey much for reply, answers are as follows
        1- I am Indian and my spouse is German national
        2- Family permit refused twice
        3- 1st time refused because on basis of spouse not travelling together, after 1 year again apply but didn’t apply fir appeal first time. 2nd time permit refused on basis of sham marriage, not provided photos, conversation etc, and sufficient resources including comprehensive sickness insurance.
        4- We married in the UK but moved to Germany later and our first baby born here
        5- Judge raised a new issue regarding not provided evidence where about EEA national or support from spouse on this application, but NOT discuss ECO refusal pints at all, remember I provided all documents to the court as evidences.

        Again many thanks for your comments and regards
        Scorpio

        • Hi Scorpio,

          Many thanks for the clarification. I will answer the issues you raise in turn.

          Personally, I believe that the fact that you previously overstayed could well be the reason for the predicament that you find yourself in. For an ECO, overstaying is like a red rag to a bull.

          The fact that you previously overstayed is in itself insufficient grounds to refuse an EEA Family Permit. The General Grounds for refusal (on which an ECO could possibly refuse a visa application) are part of the Immigration Rules. They are not part of the EEA Regulations and therefore, since you applied for an EEA Family Permit (and therefore under the EEA Regulations), they do not apply to your case. EUN2.22, which you can find here, refers. It is true that an EEA Family Permit can also be refused on grounds of public policy, security or health but overstaying is insufficient grounds for refusal in EEA cases.

          The fact that the ECO refused your application on the grounds that yours would be a sham marriage is wrong. Whilst it is true that the Regulations stipulate that a spouse for the purposes of the Regulations does not include a party to a marriage of inconvenience and that the ECO may therefore check whether or not the case that he or she is considering involves a sham marriage, the caseworker guidance clearly states that, where there is a child of the relationship, the ECO should not (not) even consider whether the marriage is one of convenience. EUN2.10, which you can also find in the link provided above, refers.

          The fact that the ECO refused your application on the grounds that you would not have sufficient resources and comprehensive sickness insurance is incorrect. First of all, the Regulations do not (not) impose a maintenance or accommodation requirement so this is not a case of having, or not having, sufficient resources. Secondly, in your circumstances, there is no requirement for comprehensive sickness insurance either. Comprehensive sickness insurance would only have applied if your wife had been residing in the UK for three months or more, had therefore had to demonstrate that she is a qualified person and had been exercising her treaty right as a student or self-sufficient person. Since she was not residing in the UK, sickness insurance does not (not) therefore apply. You can find a copy of the Regulations here. The fact that the ECO refers to comprehensive sickness insurance makes me believe that he or she doubted the whereabouts of your wife. This is also sort of confirmed by the judge in his or her determination.

          I have not of course seen the determination. But it is interesting to note that the judge has not considered the ECO’s grounds for refusal as such. In a nutshell, this implies that he or she has dismissed these grounds. This in itself is not so strange because, as I have outlined above, the grounds for refusal are incorrect. It would have been helpful if the judge had explicitly dismissed the ECO’s grounds but he or she chose not to do so. Instead, he or she finds that you have not demonstrated that your wife was resident in the UK or, if she was not, that she proposed to accompany you to the UK.

          I understand that you wish to pursue the outcome of your appeal in the courts. You could of course do this. Please note, however, that this can be a time-consuming process. Also, it is difficult to show that the judge erred in law. Regulation 12 a and b require an applicant for an EEA Family Permit to demonstrate that either the EEA national is residing in the UK in accordance with the Regulations, or that she or he will be travelling to the UK within six months and will be an EEA national residing in the UK in accordance with the Regulations on arrival. They further require the applicant to demonstrate that he or she will accompany the EEA national to the UK, or join him/her there. I am unaware of what evidence to show that your application met these criteria was submitted. But in any case, the judge rules that this was insufficient.

          Again, you could of course pursue your appeal. A quicker route is to submit a third application (if you choose to do so, you could do both at the same time). If you wish to submit a fresh application, you’d need to enclose a covering letter, quoting the Regulations and set out how you meet the requirements. In the letter, you’d also refute the ECO’s grounds for refusal point by point, under reference to applicable law and caseworker instructions. Given that there were doubts concerning your relationship, purely to maximise the chance of success, I’d also send additional evidence of your relationship, e.g. photos etc. as well as a letter from your wife supporting the application. Given the doubts concerning her whereabouts, she should also declare that she is residing in Germany and enclose evidence (for example, utility bills, payslips if she’s working etc. etc.). She’d further need to declare that she will be accompanying you to the UK within six months.

          Out of interest, I notice that you mentioned a residence card. Was this yours or your wife’s, and for which country?

          I hope this helps.

          Kind regards,

          UKimmigrationspecialist.com

          • Scorpio says:

            Thank you very much once again , really appreciated your time and comments.

            Ya I agree with you that just overstayed itself is insufficient to refuse application as I wasn’t apply under UK immigration laws.
            I am familiar with EUN2.22 and EUN2.10, I raised these points in my appeal bundle as well.
            I agree with you that there is no any requirement by law to show comprehensive sickness insurance if we just visit less then 90 days,

            On other hand as you are surprised so same I, may be judge didn’t look at all on my file, reason is he discussed about ECO bundle but not mine at all (in determination), its depends on judge how he/she looking at file, hope you agree with me, I know personally someone who got adverse history with ukba, his application refused 2 years ago as well later I helped him to write an appeal and it was success at FTT even.

            With visa application I submitted, 3 copies of passport/IDs , my job letter, bank statement, home address proof and UK marriage certificate and spouse statement that we all travelling together.
            I know appeal process is time consuming, its nearly year gone but still I am fighting for my right you know what I mean.
            I was thinking to re apply but I feeling a red card from eco again
            Mentioned Residence card for myself not spouse.
            Kind regards
            Scorpio

    • Dear Donald,

      Thank you for visiting our blog. I have read your enquiry, and have since also read the posts on the discussion board that you refer to. In a nutshell, an EEA national enjoys an initial period of residence of three months, during which he or she, does not (not) need to be a qualified person. In your particular case, this means that, since your wife has never resided in the UK and is still living in India with you, she does not (not) need to demonstrate that she is exercising a treaty right (is a qualified person) in the UK. If your application was solely refused on the grounds that your wife is not a qualified person (whereas she has never resided in the UK), the ECOs, and the ECM on review, are wrong.

      The Regulations clearly state that an ECO must issue an EEA Family Permit if the applicant is a family member of an EEA national and the EEA national is either residing in the UK in accordance with these Regulations; or will be travelling to the United Kingdom within six months of the date of the application and will be an EEA national residing in the United Kingdom in accordance with these Regulations on arrival in the United Kingdom; and the family member will be accompanying the EEA national to the United Kingdom or joining the EEA national there. Given that your wife has never resided in the UK, she will be an EEA national residing in the UK in accordance with the Regulations on arrival. She does not (not) need to be a qualified person if she has not been resident in the UK for a period of three monts or longer. The Regulations can be found here.

      This is confirmed in UKBA’s staff instructions:

      The Guidance for ECOs overseas clearly states that:
      “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.” EUN 2.4., which can be found here, refers.

      The Home Office Immigration Directorate Instructions (“IDIs) clearly state that:
      “For the first three months of any time spent in the UK an EEA national is considered to be resident by virtue of his nationality and does not need to be a qualified person. His non-EEA family members also have an automatic right of residence during this period. This is referred to as an ‘initial right of residence’. However, this right shall cease if the EEA national or family member become an unreasonable burden on the social assistance system.” Relevant IDI, Chapter 7 Section 3, 6.1. can be found here.

      The Home Office Modernised Guidance states:
      “To qualify for an EEA family permit, the EEA national must be living in the UK in line with the regulations or intending to travel to the UK and live in line with the regulations within six months.” This Guidance can be found here.

      Again, the law of the land, as well as UKBA’s staff instructions, clearly do not (not) require your wife to be a qualified person.

      So where does this leave you? You have already submitted three applications, and you have already requested the ECM to review your case. But he or she upheld the refusal decision. You could of course submit a fourth application, quoting the regulations and staff instructions but chances are that it will be refused again. If you do not wish to seek legal advice (please find a list of regulated immigration advisers on the OISC website here, this is what I would do:

      – submit an appeal against the decision as soon as possible (please bear in mind the time limit!). Your grounds are that the ECO has erred in law. Quote the Regulations and refer to the UKBA staff instructions that clarify these Regulations, and explain why the decision is therefore not in line with the law. Along with your other documents, do not forget to send your correspondence with the ECM with your appeal bundle.
      – write an interim reply to the ECM. Acknowledge receipt of his/her e-mail and thank him/her for his/her reply and for the time that he or she has taken to consider your review and for his/her advice of your appeal rights (please remember that courtesy always wins in the end). Confirm that you will appeal. Write that you’ve since also written to UKBA’s European Operational Policy Unit to seek further clarification of the EEA Family Permit policy (see below). Openness and honesty always pays off.
      – write to the European Policy Unit. Why? If your applications for an EEA Family Permit were refused solely on the grounds that your wife is not a qualified person, in the circumstances that you descibe, this is an incorrect interpretation of the Regulations on the part of the ECO and ECM. In order to go back to the ECM (and expedite your case without having to wait for the outcome of the lengthy appeal procedure) it would therefore be helpful if you had something in writing to confirm that where an EEA national has never resided in the UK he or she does not need to be a qualified person from an official UKBA source. The policy unit deals with policy matters only. Do not (not) therefore state the details of your case. They do not normally comment on indivual cases, or ECO/ECM decisions. Instead, send a general policy enquiry asking their confirmation that UKBA policy is still that if an EEA national is not based, or has not resided for a period of three months or more, in the UK, the EEA national does not need to demonstrate that he or she is a qualified person and that, in other words, if an EEA National has never resided in the UK but resides with her non-EEA family members outside the UK, he or she would not need to demonstrate that she is a qualifying person under regulation 12 for the purposes of these non-EEA family members applying for EEA Family Permits from overseas. The Unit’s e-mail address is:
      EuropeanOperational[at]homeoffice.gsi.gov.uk (please replace [at] by @).
      – on receipt of the policy unit’s reply, write back to the ECM copying their reply, and politely ask that an EEA Family Permit now be granted as soon as possible.

      Please note that, should you wish to seek legal assistance, it is important to seek the help of an immigration advisor that has been accredited by the OISC. You will find details in the link provided above.

      Hope this helps.

      Kind regards,

      UKimmigrationspecialist.com

      • donaldf26 says:

        Dear ukimmigrationspecialist.com
        As per you suggestion I have emailed EuropeanOperational seeking their advise.

        My last application had this as the cover letter. https://dl.dropbox.com/u/27885818/private/exampleukfp/eeafpcoverletterdraft.doc

        Thank You for your time and effort.

        Kind regards,

        Donald

        • Dear Donald,

          You’re very welcome. I hope it helps. Please keep us informed of any developments!

          As for the covering letter you used for your last application; personally, I would’ve worded some parts in a slightly different manner (but this is a matter of opinion) but I can confirm that it quotes the correct Regulations and case worker instructions. Sadly, it would appear that the High Commission simply interprets the EEA Regulations in a different, incorrect, way.

          Kind regards,

          UKimmigrationspecialist.com

          • donaldf26 says:

            Reply from the European Operational Policy Team
            UK Border Agency
            ————————-
            I can confirm that a non-EEA national family member of an EEA national is not required to submit evidence that their EEA national family member is exercising free movement rights (i.e. is a ‘qualified person’) where;

            (1) The EEA national will be accompanying the non-EEA national family member to the UK, or
            (2) The EEA national is in the UK but has resided there for a period of less than three months (this is because EEA nationals are not obliged to exercise free movement rights within the first three months after entering the UK)

            Where the EEA national has resided in the UK beyond their initial 3 month right of residence, the non-EEA national family member who is applying for an EEA family permit must in these circumstances submit evidence that the EEA national is a qualified person.

            • Hi Donald,

              Excellent! You now have written confirmation from an official UKBA source with which you can go back to the ECM. Your next step would therefore be to write back to the ECM (thanking him/her for the time taken to review your application etc. Remember, always remain polite!). You’ll need to explain that you have since sought clarification from UKBA’s Policy Unit, who confirm that (simply quote the Policy Team’s answer) “a non-EEA national family member of an EEA national is not required to submit evidence that their EEA national family member is exercising free movement rights (i.e. is a ‘qualified person’) where;
              (1) The EEA national will be accompanying the non-EEA national family member to the UK, or
              (2) The EEA national is in the UK but has resided there for a period of less than three months (this is because EEA nationals are not obliged to exercise free movement rights within the first three months after entering the UK)”.
              You’d then respectfully request that, in view of the Policy Team’s confirmation that where a sponsor has never been in the UK but will be accompanying the applicant to the UK the sponsor does not (not) need to show that she is a qualified person, the ECM reconsider the decision and that, in view of the time that has since passed, you kindly request that an EEA Family Permit now be issued as soon as possible.

              I’d also reply to the Policy Unit, thanking them for their reply, attaching your refusals, plus the ECM reply, and ask them to confirm the -correct- policy to the ECM. I’d cc: your e-mail to the Policy Unit to the ECM.

              Lastly (wait until you have confirmation that your Permit will now be issued), I’d submit a formal complaint to UKBA.

              Please keep us informed of any developments.

              Kind regards,

              UKimmigrationspecialist.com

              • donaldf26 says:

                Dear UKIS,
                Need you advise.
                Is it advisable to reply to the ECM’s email with a copy to EuropeanOperational[at]homeoffice.gsi.gov.uk.

                Kind Regards
                Donald

                • Dear Donald,

                  There is no reason why you couldn’t do that. After all, from your reply, it’ll already be clear to the ECM that you have since sought further clarification from the policy unit. In fact, it may well prompt the ECM to contact the Policy Unit forthwith if he or she is still not 100% convinced.

                  Like I said before, Policy Unit doesn’t normally comment on individual cases (which, in a way, is logical because the full details – your application plus accompanying supporting documents – aren’t available to them) so I doubt it very much if you’d get a further substantive reply from them concerning your specific (individual) case. They may well, however, shoot a quick e-mail off to the ECM.

                  In summary, in my opinion, there is no reason why you couldn’t cc: your reply to the policy unit.

                  Hope this helps!

                  Kind regards,

                  UKimmigrationspecialist.com

                • donaldf26 says:

                  Policy team replied back saying they deal with policy related inquiries only. however they will contact the team responsible for overseas posts and highlight the correct policy to them

                • Donald,

                  This is great news! If I were you, if you haven’t already done so, I’d now reply to the ECM, attaching your correspondence with the policy team and ask for an urgent review of the decision.

                  Again, excellent news!

                  Kind regards,

                  UKimmigrationspecialist.com

  11. Donald says:

    Dear ukimmigrationspecialist.com
    My wife an EEA national (Portuguese) has been living with me and we intend to travel to the UK.
    I have been refused a EEA family permit thrice, Reason for refusal is that my wife is not a “Qualified Person”
    Below is the last email response from “Entry Clearance Manager”
    ——————————————————————————————————
    Thank you for your email dated 29 November 2012 regarding refusal of your visa application.

    I have reviewed the decision and I note that my colleague gave you a comprehensive response and explanation to your enquiry on 20 November 2012. Your sponsor is not currently based in the UK and therefore your application needs to demonstrate that your sponsor is a qualifying person under regulation 12 of the EEA regulations. The ECO has refused your application because your sponsor has not demonstrated she is a qualifying person under regulation 12. You have mentioned the 3 month period in which EEA nationals can reside in the UK without exercising treaty rights however this does not apply to your sponsor as she is not currently in the UK and is not currently a qualifying person under regulation 6. Therefore I am satisfied that the ECO has correctly considered your application.
    ——————————————————————————————————
    As the UKBA Internal Guidance “ENU02.4”, I should have been give a EEA FP
    …. 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.

    As per my understanding I should have been issued a EEA FP.

    Request you opinion on the same.

    Kind Regards
    Donald

  12. Hi UKIS,

    I would be grateful to hear your advice.
    I have a wife from Thailand and together we have a British son who has never been to the UK due to me not making enough money to clear the the threshold.

    I have worked in the UK for the past 6 months earning around £18,000.

    In total I have spent a year away from my 13month old son and wife,looking for work and working.
    I iave now come out to Thailand for a month to see my family for Xmas.
    Is there any route that you recommend we try apart from the settlement option,some people are talking about the EU route but I dont know if that applies to us if we only want to be based in the UK,we have been together for 5 years

    I would be grateful of any help

    Regards,

    Kev

    • Hi Kev,

      Many thanks for visiting our blog. As you are already aware, for your wife to join you as a spouse (under the Immigration Rules), you would need to meet the income requirement. In your case, you would need to show that you earn a minimum of £18,600. You can use a mix of savings and income. Any cash savings over £16,000 that you (and/or your wife) have held for at least six months can be included to make up any shortfall in income. The savings required to make up the shortfall must be multiplied by 2.5 to cover the 2.5 year period of the first leave to remain. For example, if you earn £18,000, this means that you’d need to have £17,500 in savings, held for at least 6 months prior to your wife’s application.

      Useful links about the income requirement can be found here and here.

      The EEA route that I understand you have already been reading about. In a nutshell, if you, as a British citizen, exercise a so-called Treaty Right (this can be work or self-employment) in another EEA Member State (so this cannot be the UK), your wife could apply for an EEA Family Permit. The EEA Family Permit would enable your wife to enter the UK as your spouse under EU law. Unlike the spouse route under the Immigration Rules, there is no income and accommodation requirement for an EEA Family Permit to be issued. All you would need to show is evidence that you and your wife are related (marriage certificate), have been living together in another EEA state, and evidence that you have been exercising a treaty right in that other EEA state. The EEA Regulations do not specify a certain time that a British citizen must have resided and worked in another member state. Practice, however, shows that a period of six months is sufficient. There is no minimum income that you must have earned in the other member state either. The EEA Family Permit would be valid for six months, following which the holder can apply for a 5-year residence document. UKBA staff instructions specifically state that 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.
      A useful link about EEA Family Permits for the family members of British nationals can be found here. EUN2.14 refers.

      Based on the information provided, I see no other routes for your wife to join you as your spouse in the UK.

      I hope this has helped.

      Kind regards,
      UKImmigrationspecialist.com

      • Thank you so muxh for this,so just so I understand it,as long as my wife and I are living in an EU county (apart from the UK) my wife can then travel with me to the UK,once there we can the apply for a residence card which would last for 5 years in the UK.

        Because she is my wife I do not need to have a job while in Europe,and for arguments sake we could enter Europe via spain,then after two weeks make entry to the UK ?

        Sorry to break it down but it helps a lot with getting a clearer picture and plan.

        Lastly so you offer any service (chargable) with regards to preparing the EU family permit ?

        Thanks again,

        Kev

        • Excuse my spelling,= do you offer a prep service

        • Hi Kev,

          To answer your questions in turn:

          Thank you so muxh for this,so just so I understand it,as long as my wife and I are living in an EU county (apart from the UK) my wife can then travel with me to the UK,once there we can the apply for a residence card which would last for 5 years in the UK.
          – Partly correct. As long as you and your wife are living in an EU country (except the UK), and you are working or self-employed in that EU country, your wife can apply for an EEA Family Permit to travel to the UK. Once in the UK, she’d apply for a residence card, which would be valid for 5 years.

          Because she is my wife I do not need to have a job while in Europe,and for arguments sake we could enter Europe via spain,then after two weeks make entry to the UK ?
          – As above. You would need to have a job, or be self-employed, in an EU country (except the UK). There is, however, no income requirement in that it doesn’t matter how much money you make in that EU country. As long as you work, or are self-employed, she can apply for an EEA Family Permit. The EEA Regulations do not specify how long you need to have lived and worked in another EU country. However, normally people apply after six months or so (and are granted EEA Family Permits). Stricly speaking, you could apply sooner but, personally, I think that two weeks would be stretching it a bit.

          Lastly so you offer any service (chargable) with regards to preparing the EU family permit ?
          – No, unfortunately, we do not. We are a group of volunteers that write about UK visas and answer questions concerning visas on this page. We do not offer a prep service.

          Kind regards,

          UKimmigrationspecialist.com

        • No worries, I’m not exactly known for my spelling skills either!

      • Hi again,I have had a rethink and have decided on going to Ireland,just thought I would check with you if I could apply for my wifes Irish family permit now while I am in Thailand,I was thinking of moving to Ireland in Feb,I want her to meet me in Ireland,I have been on the Irish website but it just asks if I want a visa for 90days or more,do you have a link to right form I need to apply for on their website.

        Thanks again.

        • Hi there,

          I’ve just had a look for you, and yes, your wife can apply for the Irish Family Permit now. All visa applications for the Republic of Ireland have to be completed on-line. You can find the link to the Irish on-line system on the website of the Irish Naturalisation and Immigration website here. Scroll down to “non EEA Family Member of an EEA National” and you will see what documents she will need to provide as well as a button which will take you to the on-line form. The system will automatically generate the correct form for you (similar to the UK on-line visa application system). On the first page, select “long-term”, “mulitple entries” and “join spouse (EEA National)”. The actual application needs to be submitted at the Honary Consulate in Bangkok. Their contact details: 4th Floor, Room 407, Thaniya Building, 62, Silom Road, Bangrak, Bangkok 10500 Thailand. Tel: (662) 632-6720. E-mail: info[at]irelandinthathailand.com (replace [at] with @). Opening times: Mon-Fri 08.30 – 12.30. Website: please click here.

          Hope this helps.

          Kind regards,

          UKimmigrationspecialist

          • Thank you so much for this,so if they issue the family permit can she fly to Ireland with my son (British citizen) or would you advise that I meet them say in transit lets say in Germany and fly with them from there into Ireland,Thank you so much for this,if I can repay the help and advice you have given please let me know.

            All the best,

            Kev

            • Hi Kev,

              No worries, we simply like to help. In order for your wife to enter Ireland on her EEA Family Permit, you’d either need to be in Ireland yourself at the time she enters, or you’d need to be accompanying her. Also in view of the fact that she’d be travelling with your son, to avoid any problems, personally, I’d want to accompany them.

              Good luck with the application!

              Kind regards,

              UKimmigrationspecialist.com

              PS: I just noticed that I made a typo in the Honorary Consulate’s email address. The correct address is info@irelandinthailand.com

              • Hello again,

                I hope you had a Merry Xmas .

                I have just spent the week with my family in Hua Hin,I have applied for the family permit on the Irish website,I was just wondering if you had any tips on one sorts of things to include beyond certificates and proof of relationship,is there anything we should include in the letter or leave out supporting our application for the family permit ?

                Kind regards,

                Kevin

                • Hi Kevin,

                  Hope you and your family had a merry Christmas too! Hua Hin… not bad at all!

                  As for your wife’s application, I wouldn’t overcomplicate things. In your covering letter, simply state that you are a British citizen, who will be exercising his Treaty Right in Ireland, and that you wish your wife (and son) to accompany you. Confirm that you and your wife will be entering Ireland together. Refer to INI’s website, list the docs listed on there, and enclose. I’d also enclose a copy of your son’s birth certificate, or bio data page of his passport. In summary, along with the application form, I’d provide your wife’s passport, a copy of the bio data page of your passport (it doesn’t hurt to copy Thai immigration stamps too if you’ve been up and down regularly), apostilled marriage certificate, your son’s birth certificate (or copy of the bio data page of his passport) and your covering letter confirming that a) you are a British citizen, b) that you wish to exercise your treaty right in Ireland, c) that you wish your wife to accompany you, and d) that you will be entering Ireland together.

                  Good luck with the application!

                  Kind regards,

                  UKimmigrationspecialist.com

                • Thank you again so much,I will keep my fingers crossed and take on all your comments.

                  You are offering a great service,thanks again

                • You’re very welcome. Hope all goes well!

                  Kind regards,

                  UKimmigrationspecialist.com

  13. Adrian says:

    Im married to a british woman and was refused a visa.. but my wife is 6 months pregnant and would like to make an appeal..would there by any chance be possible my appeal be considered before she gives birth and being our first child.?? she has no one to support her.

    • Dear Adrian,

      Thanks for visiting our blog. I am sorry to hear about your predicament. Appealing UK visa refusals is a lengthy process. There is, however, a provision for appeals to be considered on an urgent basis if there are compelling compassionate circumstances. Pregnancy is one example where the Tribunal will consider if your appeal can be brought forward.

      If you wish to apply for urgent appeal consideration, you would need to put your reasons in writing and send them to the Tribunal. The Tribunal will then forward your reasons and supporting documentation (e.g. letters from your wife’s GP) to a duty judge, who will decide if your appeal should be heard sooner than usual. You should note that your application will not be considered by a judge before you have paid your appeal fee, unless one is not required in your case. In other words, if you haven’t already done so, you’d appeal in the normal way, and apply for the appeal to be considered on an urgent basis.

      To request urgent appeal consideration, you should write to the President of the First-tier Tribunal clearly marked: REAH The First-Tier Tribunal to:
      Office of the Duty Judge
      Expedited Appeal Hearing Requests
      First-tier Tribunal (Immigration and Asylum Chamber)
      PO Box 6987
      Leicester LE1 6ZX
      Fax: 01509 221403 or 0044 1509 221 403 if you are faxing from overseas.

      More information about Appeal Procedures and Urgent Appeals can be found on the Ministry of Justice website here.

      You and your wife may wish to seek legal help with your appeal. If you choose to do so, it is important to find an immigration adviser that is regulated by the Office of the Immigration Service Commissioner (OISC). You can find a list of regulated non-profit and fee paid immigration advisers on the OISC website here. An immigration adviser will be able to help determine whether or not your appeal is likely to be successful and will be able to prepare the appeal for you.

      I wish you and your wife every success with your appeal.

      Kind regards,

      UKimmigrationspecialist.com

  14. Nat says:

    Hi there,

    I’m on a Youth Mobility Visa from Australia but due to an ill family member/death, I arrived 6 months into my Visa starting. Can I apply for an extension based on these circumstances, and if so, how do I go about doing so?

    Thanks in advance, Nat.

    • Hi Nat,

      Thanks for stopping by. I’m sorry to hear about your loss. Unfortunately, you won’t be able to extend your Youth Mobility Visa. There is only a provision to ask a Visa Officer to defer the issue date of the visa (for a maximum period of three months) but this is prior to the issue of the visa (and therefore before entering the UK). Once you’ve activated the visa and have entered the UK, this cannot be extended.

      Kind regards,

      UKimmigrationspecialist.com

  15. Gezim says:

    Thank you very much for your help i was trying up and down phoning embassy and airports and i wasn’t getting any straight answer. Your answer was very helpful i really appreciate your help and thanks again for responding in such a short time. I wish you all the best to you and your staff.

    • Dear Mr Gezim,

      Thank you for taking the time to provide feedback. I am happy to hear that you found the information useful.

      Wishing you and your family a safe journey, and a happy time together,

      Kind regards,

      UKimmigrationspecialist.com

  16. Gezim says:

    Dear Sir/Madam

    My name is Gezim i’m an Irish Citizen i’m married to an Albanian girl she has Albanian Passport and on her passport she has a join Spouse Visa Category D and she leaves in Ireland. I did Booked a return ticket from Ireland to Albania for her. On 1 January 2013 she is going to travel from Ireland to Uk and she is going to change airports in Uk from London Stan-stead to London Heath-row on this day she’ll travel to Albania she is going to come back on 27 January 2013 again transiting through the Uk changing airports in Uk from London Stan-stead to London Heath-row on the same day. Her country is within Visa nationals that are DATv nationals.
    I’m not sure now if she will cualify for Transit without visa concession because in your website i sow this.
    If you are a national of a country covered by the DATV system you can qualify for Transit without visa concession if you hold :
    7) a valid uniform format category D visa for entry to a state in the European Economic Area (EEA);

    Next question is my parents live in Italy they have Albanian Passports and they have Permeso Di Sogiorno can they qualify for Transit without visa concession. Because they want to transit through the Uk.

    Hope to hear from you soon

    Many Thanks.
    Gezim

    • Dear Mr Gezim,

      Many thanks for visiting our blog. I will answer your questions in turn.

      Your wife. I understand that your wife holds a valid category D visa for the Republic of Ireland and that she will transit the UK en route to Albania. Because she holds a valid category D visa for Ireland, she qualifies for the visa waiver concession as long as she arrives and departs the UK by air, her onward flight is confirmed and departs within 24 hours, and she holds proper documentation for her onward destination (for example, a visa if she needs a visa for her onward destination). You can find and double-check this on the UKBA website here

      Your parents. I understand that your parents hold a valid Italian residence document, a so-called Permesso di Dogiorno. Italy issues several types of residence permits; they can be a paper format (the so-called CARTA DI SOGGIORNO PER STRANIERI and the PERMESSO DI SOGGIORNO PER STRANIERI) or a plastic credit card type of document (the PERMESSO DI SOGGIORNO). If your parents hold the latter (a plastic credit card type of document called PERMESSO DI SOGGIORNO) and the card is still valid, the UK accepts this as a “uniform format residence permit issued by an EEA state under Council Regulation (EC) number 1030/2002”, which makes your parents eligible for the visa waiver as well. Like your wife, they would qualify for the visa waiver concession if they arrive and depart from the UK by air, their onward flight is confirmed and departs within 24 hours, and they hold proper documentation for their onward destination (in their case, an Irish visa if they require one). You can find and double-check this information on the link provided above.

      The fact that both your wife and parents are eligible for the visa waiver concession does not, unfortunately, mean that the airline will carry them without visas. The visa waiver concession is completely at the discretion of the Immigration Officer. Since airlines get fined if a passenger gets stopped by the Immigration Officer, many do not wish to take the risk of carrying passengers without visas. I would therefore recommend that you contact the airline in advance to avoid any problems. I would also recommend that your wife and parents take a copy of the “Transit Visa Waiver Concession” information in the link provided above, as well as the UKBA’s Carrier’s Liaison Unit’s information leaflet for carriers (=airlines) about the concession with them. The latter may be found here.

      I hope that this has helped.

      Kind regards,

      UKimmigrationspecialist.com

  17. tom says:

    Hi there!
    I am a Polish and my wife is Mexican. We are currently in Mexico where we inted to apply for the EEA family permit.

    I have been living in the UK for past 8 years until two months ago. I have left my last job in August and haven’t had a permanent address in England since. Throughout this time I have been regsitered as a resident in Poland ( still am ).

    We are now seeking to come back to UK where we inted to work and live. Do we need to meet any financial requirements? Please note that I have left my job in UK and have currently no address there.

    I have been emailed by Woodbridge services that we need to meet 18600 pounds requirement. Which considering that we are currently in Mexico and I haven’t been working is almost immposible. Also my wife is a small business owner but her income is nowhere near this amount.

    Also we have been married for just over a month ( got married in Liverpool ). When we gave a notice of marriage we must have provided a proof of address which was a letter written by our friend confirming that we have been staying with him for over 7 days.

    I also have 2 bank accounts in England. Does that make me a resident? Do I need to provide evidence of them?

    We are looking forward for your help. Those new rules really worry us as all we want is just to be together … and all of those reguletions seem to stand on our way! We do not want to spend any time appart as we have had enough of this and one of the reasons for us to get married was so we can be together in one place, not traveling in and out constantly spending 100s of pounds.

    King Regards,

    Tom and Monica

    • Dear Tom and Monica,

      Thanks for stopping by. I will answer your questions in turn.

      1. The income requirement. I am afraid that the information that WorldBridge gave you is incorrect. You would only need to meet the maintenance (and accommodation) requirement if your wife were to submit an application under the Immigration Rules, as the spouse of someone that has Indefinite Leave to Remain in the UK. She is, however, applying for an EEA Family Permit, which is considered under the provisions of the Immigration (European Economic Area) Regulations as opposed to the UK Immigration Rules. There is no (no) maintenance and accommodation requirement under the Regulations. The requirements under the Regulations are only as follows:

      – the applicant needs to demonstrate that he or she is the family member of the EEA national. You do this by providing your passports and marriage certificate.
      – The applicant needs to demonstrate that the EEA national is residing in the UK in accordance with the EEA Regulations (as a qualified person (exercising treaty rights) 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.
      If the applicant is seeking to accompany the EEA National, a simple declaration from the EEA National confirming that he or she will travel to the UK with the non-EEA National family member will suffice. If the applicant is
      seeking to join the EEA National and the latter has been resident in the UK for a period of three months or more, the EEA National needs to provide evidence that he or she is a so-called “qualified person”. A “qualified person”
      is a jobseeker; a worker; a self-employed person; a self-sufficient person; or a student and evidence of this should be included with the application. However, even if the EEA National needs to show that he/she is a qualified
      person, he or she does not (not) need to demonstrate that he/she has an income of at least £18,600.
      – if applying as a spouse or civil partner, there should be no grounds to consider that the marriage or civil partnership is one of convenience. Given that you married fairly recently, you may wish to submit additional evidence
      of your relationship (e.g. phone bills, e-mails, photographs etc.).
      – 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. This does not apply to you.
      – neither the applicant nor the EEA national should be excluded from the UK on the grounds of public policy, public security or public health.

      As you can see, there is no income and accommodation requirement to be met. You do not (not) need to show that you have an income of £18,600. The income requirement does not (not) apply to EEA Family Permit applications.
      You can read the ECO’s instructions for considering and issuing EEA Family Permits in EUN 2.4 here: http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/eun/eun2/#header4

      2. The question whether or not you are considered to be resident in the UK (and would therefore need to show that you are a qualified person).
      You say that you lived in the UK until two months ago but that you have since resided elsewhere. You left your job and no longer have a permanent address in the UK. The fact that you have bank accounts in the UK does not make you a resident. After all, anyone that has spent some time in the UK can have accounts in the UK without (still) being a resident. For the purposes of the Regulations, you are not therefore currently resident/living in the UK.
      That said, I am unaware of whether or not you (the EEA National) ever applied for a registration certificate to confirm your right of residence in the UK, or applied for Indefinite Leave to Remain. If you did, this will come up on the UKBA database. Coupled with the fact that you married in the UK, and only left the UK a few months ago, an ECO might therefore think that you are still resident in the UK and need to show that you are a qualified person. If this is the case, it is advisable to show that you have since left the UK to take up residence elsewhere. You could, for example, show evidence that you terminated your tenancy agreement and employment, evidence that you are a registered resident of Poland, evidence of any property that you may have there, evidence of, for example, a business or any other ties that you may have there. If you never applied for a registration document or ILR this issue is unlikely to come up even though an ECO might still of course look into the fact why you and your wife chose to marry in the UK as opposed to in either home country. But again, in all circumstances, you do not (not) need to demonstrate that you have an income of at least £18,600 simply because this is not a requirement under the Regulations. If you do not live in the UK, all you need to show is that you are genuinely related and propose to travel together.

      I hope this helps. I wish you and your wife every success with the application!

      Kind regards,

      UKimmigrationspecialist.com

      • Tom and Monica says:

        Thank you! I cannot express how helpful this is.

        We will now proceed with our application by ourselves here in Mexico City.

        King Regards,

        Tom and Monica

        • Hi Tom and Monica,

          I’m happy to hear that you found the information useful.
          Good luck with the application!

          Kind regards,

          UKimmigrationspecialist.com

        • Hi Tom and Monica,

          We have received your follow-up question and have since responded. Unfortunately, for some reason, your comment and our reply ended up at the bottom of this page (please scroll down). I am copying our reply here for your convenience.

          Kind regards,

          UKimmigrationspecialist.com

          Response to follow-up question:

          Dear Tom and Monica,

          UKBA’s current policy is that everyone that needs an EEA Family Permit needs to obtain one before his/her travels to the United Kingdom.

          The European Commission has recently criticised the UK for its policy to require EEA Family Permits where the non-EEA family member holds a valid residence card issued by another EU state. The EC argues that this policy is not in line with the Free Movement Directive because the Directive guarantees that non-EU family members of EU citizens who hold a valid residence card issued by one EU country can travel together with EU citizens within the European Union without an entry visa (Article 1 sub 8 of the Directive refers. You can find this here.). The Commission is of the opinion that, by insisting on EEA Family Permits in these circumstances, the UK does not fully uphold EU citizen rights. The UK, however, interprets the text of the Directive in a different way but I don’t want to go into the technicalities here. Suffuces to say that this case is still ongoing and, in the meantime, the UK’s official line is still that anyone that requires an EEA Family Permit, regardless of whether he or she holds a residence permit issued by another EU state, needs to obtain a Permit prior to arrival. You can find the Commission’s press release here.

          I am unaware of whether or not Monica holds a residence card for Poland. But even if this is not the case, you will have read in the forums that even where a passenger does not hold a valid residence permit from another EU state, it is possible to enter the UK without an EEA Family Permit. Is this a right enshrined in EU law? No, it is not. This is because the Directive distinguishes two “categories” of family members for the purposes of obtaining entry visas; those that hold residence permits for another EU state, and those that do not. For the latter, the Directive states that EU States may require visas to be obtained prior to arrival. Then what is the basis of the claim that any direct family member could enter the UK without an EEA Family Permit that we keep reading about? The answer is fairly simple. It is not laid down in law but it is an instruction in the UK Borderforce Operations Manual (the Chapter on EEA nationals and their family members). This instructs UK Immigration Officers to consider admission of family members that are not in possession of a Family Permit on entry. If the Immigration Officer is satisfied that the passenger meets the requirements in the Regulations and the passenger can provide satisfactory evidence that she or he is related to an EEA national, the Immigration Officer should admit the passenger for six months. Monica could then apply for a residence card as the family member of an EEA national in-country. You can find the Borderforce Manual here. Chapter 5.5.1 and 5.5.2 refer.

          You will also undoubtedly have read on the forums that visitors (Monica is not a visa national and she does not therefore require a visa to visit the UK) can switch to the status of a non-EEA familymember of an EEA national in-country, i.e. that visitors can apply for a residence card as a familymember of an EEA national in-country. Please note, however, that as a visitor, she might be refused entry if the Immigration Officer is not satisfied that she does not qualify for entry as a visitor. Of course you could then argue that she is a family member of an EEA national. But it’d mean a lot of hassle. Also, by seeking entry as a visitor whereas you know that the intention is to live in the UK, you would of course not be very truthful. This is why I would not recommend going down that route.

          The bottom-line is this; the UK’s official line is that any non-EEA family member of an EEA national that accompanies his/her EEA national to come live in the UK needs to obtain an EEA Family Permit prior to arrival. If you wish to avoid problems, obtaining an EEA Family Permit is the only proper route to take.

          I hope this has helped.

          Kind regards,

          UKimmigrationspecialist.com

  18. Olatunde says:

    Hello,
    I want to submit an EEA Family Permit application in Lagos. Do you guys offer any services for such applications?
    Cheers,
    Olatunde

    • Hi Olatunde,

      Thanks for visiting our blog. If you mean paid services the answer is no, we don’t offer any paid services such as checking your application etc. As volunteers, we write about UK visas and answer questions from our readers on this Contact page. Please feel free to ask us a question too!

      Whilst this is not normally necessary for straightforward EEA Family Permit applications, if you feel you need legal assistance, you can find a list of OISC regulated immigration advisers here: http://oisc.homeoffice.gov.uk/how_to_find_a_regulated_immigration_adviser/adviser_finder/

      Good luck with the application!

      UKimmigrationspecialist.com

  19. Diana Buritica says:

    Hello.

    My name is Diana. I am from Colombia and my husband is from the Czech Republic. I have already obtained the Family Permit. We supposed to travel together at the beginning of December but our plan has changed. I got a job a job in the UK and I need to be there in 15th of December and my husband has decided to spend Christmas with his family.

    Is it possible for my to travel by myself to the UK? My husband will arrive after new year.

    Many Thanks.

    Diana Buritica

    • Dear Diana,

      Thanks for stopping by. To answer your question: no, that is not possible. The condition of an EEA Family Permit is that you either accompany the EEA national to the UK, or that you join the EEA National in the UK (if he is already there, which I understand is not the case). In other words, you cannot enter the UK by yourself with your husband only arriving in the UK in the new year.

      Kind regards,

      UKimmigrationspecialist.com

  20. Imran says:

    Good morning,
    I want to invite my Mum to visit us here in UK. She’s from Bangladesh. I know that she has to provide bank statements with her application but I’ve been reading about banks that would or would not be acceptable for her visa. From which banks can they be? Just to be clear: my Mum’s from Bangladesh and will be applying in Dhaka.
    Many thanks for your help.
    Imran

    • Important Update (20/11/2012).
      Since this reply was posted (2 Nov 2012), UKBA announced two lists of financial institutions in Bangladesh; one for banks from which they will, and one for banks from which they will not accept statements. Please refer to the relevant post on this website for more information. Whilst these lists are for Pointsbased system (PBS) applications only; it’s not unimaginable that ECOs will refer to these lists too when considering other types of visa applications….
      _________________________________________________________

      Hi Imran,
      Thanks for visiting our blog. I’m fairly sure that you’re referring to the list of financial institutions from which UKBA would accept statements in Bangladesh that was announced and subsequently cancelled in October of this year. The list that was published in October was for applications submitted under the Points Based System (PBS). I understand that your Mum proposes to apply for a visit visa so the list would not have applied to her. As I say, UKBA subsequently cancelled the list for Bangladesh, as a result of which there is no such list in place at the moment (UKBA hopes to announce a new list, or rather a set of two lists, one for banks from which it will accept statements and one for banks from which it will not accept statements, in the near future). In summary, at the moment, statements from any bank in Bangladesh are acceptable for any type of UK visa application; provided that these are verifiable (i.e. that they can be verified with the bank should UKBA wish to check them).
      Hope this helps.
      Kind regards,
      Ukimmigrationspecialist.com

  21. Andrew says:

    I am a British national resident in Spain. My wife is South African also resident in Spain in possession of an Spanish issued residence card that states at the back “Family member of Union National” and then my details.

    As we all know, EU law states that she should be able to enter the UK with me as long as she is present with me. But as theyre a bunch of muppets, (to put it politely) we have had to go to the lengths of applying for an EEA Family Permit in order for us to visit England to see family for Christmas.

    After a 3 month wait, and a 7 hour drive to Madrid, overnight hotel stay and then submitting everything, and a long drive back. They had the audacity to REFUSE the clearance.

    Why?

    Basically Regulation 9. As a 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 Mmeber state prior to returning to coming to the United Kingdom, I am not satisfied that the regulations apply in this case.

    This is despite the fact that as part of the application we submitted:

    Last 3 months worth of pay slips from my employer.
    My work contract
    A letter from my employer on company letter head stating that I work a full time permanent position since 2008 and confirming my salary and their contact details.

    HOW THE HELL CAN THEY REFUSE IT?

    Either UK Visas have lost the papers and not sent them through to UKBA, OR is there a problem with the fact that I work in Gibraltar? I did check this and the UK do refer to Gibraltar as another EU Member state.
    And if it is because of Gibraltar why does it not say that? And sorry but isnt the above enough evidence to prove that I am working?

    So they point me to appeals at justtive.gov.uk and talk about paying fees. Do we have to pay fees to appeal against an EEA Family Permit decision? I am happy to send an appeal and get work to give me another letter and another copy of my contract to attach. How long does it take? time is running out, its almost november and we’re due to fly on December 21st.

    • Dear Andrew,

      Thanks for stopping by. Whilst Gibraltar is part of the EU, it is not regarded as a separate EEA State for Customs and other areas. As a result, unfortunately, the Surinder Singh judgement does not apply to Gibraltar. The situation would be different had you worked (exercised a treaty right) in Spain but I understand that this is not the case. Unfortunately, your only option is for your wife to apply for a visit visa under the Rules. Should you wish to do so, please bear in mind that, nowadays, UK visa applications submitted in Gibraltar (at the Gibraltar Civil Status & Registration Office) are forwarded to UKBA Croydon for decision. Because of the transit times back and forth, applications submitted in Gib take a minimum of 4 weeks. Best compare it with the processing times in Madrid before she submits her application. I’m sorry to be the bearer of bad news but, unfortunately, that’s how it is.

      Kind regards,

      Ukimmigrationspecialist.com

  22. harry says:

    hello there ,
    i m from india and my wife is from poland who is living with me at the moment for the last 3 months in india. i have lived in uk on study visa for 19 months (sep 2010- mar 25 2012), we got married 4 days ago (11 oct 2012). we are planning back to uk now and we r going to apply for EEA family permit . my question is that while i was in uk as a student i was working ful time many time even though legally i was allowed to work 20 hours only . will my this course can affect my EEA family permit. do we need to show and funds for our living exp as we are travelling together from India and she never worked in UK before. hoping to get your responce soon as possible

    • Dear Harry,

      First of all, our congratulations on your marriage!

      I understand that you have two questions; whether or not the fact that you frequently worked full-time as a student will affect your EEA FP application, and whether or not you need to show funds for your living expenses in support of your application. I’ll answer these questions in turn.

      The fact that you often worked full-time as a student, whereas only 20 hours were permitted, is of course a so-called breach of the conditions attached to your stay (visa). However, this in itself is insufficient grounds to refuse an EEA Family Permit application. This is because EEA Family Permit applications are not considered under the Immigration Rules, which, for example, contain a provision for Entry Clearance Officers to refuse an application where an applicant has previously breached the conditions attached to his stay, or has previously “contrived in a significant way to frustrate these Rules” (General Grounds for Refusal of Entry Clearance, paragraph 320 of the Immigration Rules). Instead, EEA Family Permit applications are considered under the Immigration (European Economic Areas) Regulations. The General Grounds for Refusal under the Immigration Rules do not apply to the Regulations. The Regulations do contain grounds for refusal on grounds of grounds of public policy, public security or public health (Regulation 21) but a breach of conditions as set out by you in your comment is not grounds for refusal under that Regulation. Quite the contrary; even a previous criminal conviction is not a justified reason for refusal under the Regulations. In summary, the fact that you frequently worked full-time as a student, whereas 20 hours were permitted, is not a ground for refusal of an EEA Family Permit application.

      As for your question on whether or not you need to show evidence of funds in support of your application I can say the following. The UKBA website contains guidance of what documents may be submitted in support of EEA Family Permit applications. You will find this guidance here: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/out-of-country/eea-family-permit.pdf. You will note that they recommend (recommend because the list is not prescriptive) that you include evidence of income and finances. I would therefore recommend that you include evidence of the finances that are available to you. However, that said, the Regulations do not contain a provision to refuse an EEA FP application on funds.

      You write that your wife has been living with you in India for the last three months. I take it therefore that she has not been resident in the UK for three months or more. This is important because if you are seeking to join an EEA National that has been resident in the UK for more than three months, you would need to show that your wife is a so-called ‘qualified person’. This means that you would need to include evidence that your wife is employed, self-employed, studying or self-sufficient in the UK. If this is not the case (as you write, your wife is resident with you in India) the EEA National does not need to show that he or she is a qualified person. All you would need to demonstrate is that a) you are married to an EEA National (passport and marriage certificate) and b) that the EEA National proposes to accompany you to the UK (for example, a letter from your wife confirming this). As I said before, I’d recommend that you include evidence of finances but, again, lack of funds is not in itself grounds for refusal of an EEA Family Permit on initial application overseas. You can find more information about the grounds for refusal of an EEA FP application here: http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/eun/eun2/#header23

      Given that you write that you married recently, I would recommend that you also submit evidence documenting your relationship. In view of your recent marriage, directly followed by an application, the Entry Clearance Officer may well consider this to be an indication of a possible marriage of convenience. You will note from the link that I copied above that UKBA considers the following to be indicators of a possible marriage of convenience: ‘application follows soon after the marriage / civil partnership, no previous evidence of the relationship’. To avoid problems, I’d therefore include evidence of your relationship, e.g. evidence that you have been living together, joint tenancy agreements, joint bank accounts, letters from family/friends confirming the relationship etc. I realise that this may sound strange to you because you know that yours is not a marriage of convenience but in view of this guidance, I’d recommend that, in addition to your marriage certificate, you submit further evidence of your relationship.

      I hope this helps.

      Kind regards,
      Ukimmigrationspecialist

  23. Kwabena says:

    Dear Sir or Madam,
    Many thanks for your reply! I was going to apply for a 6 month visa anyway because a 4 day trip is all I need. Many thanks again and all the very best,
    Kwabena

  24. Kwabena says:

    Dear Sir or Madam,
    I need to travel to the UK on business and will be applying for a visa shortly. My passport is valid for another five months. I want to apply next week and hope to visit the UK for four days next month. Will my passport validity be a problem for my visa application?
    Many thanks for your help,
    Kwabena

    • Dear Kwabena,
      Thank you for visiting our blog. Unlike many other countries, UK immigration law does not specify a certain passport validity (for other countries this is usually 6 months). For the UK, your passport simply needs to be valid at the time that you submit your visa application, and at the time of your arrival in the UK. You can find this information on the UKBA website, for example, here: http://www.ukba.homeoffice.gov.uk/countries/ghana/applying/vac/?langname=UK%20English

      In other words, if you submit your application next week, travel next month and your passport is currently valid for another five months, this won’t be a problem. That said, if you were to apply for a long-term business visit visa, for example, a 2-year multi visa, the Visa Officer may well decide to restrict the visa validity to the minimum visa validity of six months in view of the validity of your current passport. In that case, the longer term visa processing fee would not be refundable. Therefore, even though your passport validity is not a problem, if you propose to submit a long-term multi entry visit visa application, I’d recommend that you extend/renew before you submit your application. But again, if you submit the standard visit application (standard = for 6 months) only, there is absolutely no problem to apply with your current passport.
      Hope this helps,
      Ukimmigrationspecialist

  25. Melissa says:

    Hi there!
    I’m an Australian and am planning to go to the UK for a year under the Tier 5 working holiday scheme. I’m 30 and I’ve read websites that say that this scheme is for people aged 18-30. Does that include 30, or am I too old?
    Cheers,
    Melissa

  26. Nana says:

    Hello team ukimmigrationspecialist,

    My fiancé was recently refused a UK visa and his right of appeal is a limited one. I have read on the process of appealing. What I want to know is
    1. When we receive the FRA from the Embassy, can we address the reason for refusal or will we will still have to base our response on grounds of human rights.
    2. Since they were not convinced he will come back, can I add a letter to guarantee his return.

    We live in Ghana.

    • Dear Nana,

      Thank you for visiting our website. I understand that your fiancé was recently refused a visa. I am unaware of what visa he applied for but I understand that the decision attracted a residual (limited) right of appeal. This means that you will have to base any appeal on human rights or race relations grounds. You cannot appeal against the decision as such. To answer your first question: the FRA form doesn’t change this; he still has a residual right of appeal only, and any appeal will therefore have to be based on human rights or race relations grounds. From this it also follows that whilst you can add a letter to guarantee his return; this will not be taken into consideration since you cannot appeal against the decision as such.

      I do not wish to raise your hopes. Immigration judges have consistently ruled that human rights only apply to cases where a) an applicant has established a family life and b) if this is the case, only where there are “truly and exceptional” circumstances. In such cases, applicants could invoke Article 8 of the Convention (right to family life). I don’t know what type of visa application was submitted but unless there is a strong family life aspect it is very unlikely that any appeal on human rights grounds will be successful. From the information that you have provided (e.g. you are not married and would therefore not immediately fall within the scope of the family life criteria, the applicant resides in Ghana etc.) it would not appear that this is a family life case and it is therefore unlikely that an appeal on human rights grounds will be successful.

      Kind regards,

      Ukimmigrationspecialist.com

      • Nana says:

        Thank you so much Team Ukimmigrationspecialist. This response has most certainly been helpful.

        He was applying for a general visa (in which his aunt was the one inviting him) which resulted in him been refused. The reason for refusal was that he says he gets x amount of salary but he didn’t have any key evidence to show that that is what he makes. However, on his payslips which he sent to them, it said he receives cash so even if he printed his statement, it wont have shown on it. Also, he was not the one paying for the trip. They did not have a problem in respect to him taking care of himself whiles there but said they didn’t think he will come back or is a genuine visitor wanting to enter the UK because he didnt show key evidence showing his financial circumstance.

        Can this not be a violation of his human rights as his employer has the right to give him cash and he has the right to collect cash ( This is the 2nd time he is being denied a visa due to this reason and I suspect the old evidence was what was used to appraise his chances as opposed to the new evidence in which on his payslip his employer said he paid him cash).

        Sorry for this long rant but I am quite upset about this. Hope to hear from you soon.

        • Dear Nana,

          Thank you for your message. As you quite rightly point out, your fiancé’s employer has the right to pay him cash. There is also no law preventing your fiancé from accepting cash payments either. However, aside from the question whether or not the ECO’s grounds for refusal constitute a violation of your fiancé’s human rights, case law shows that immigration judges will only even consider human rights claims in so-called “right to family life” cases, i.e. where a decision to refuse would interfere with an applicant’s right to family life. This could, for example, be the case in settlement applications, but only if there were exceptional compelling circumstances. It does not mean that the ECO was right or wrong; all it means is that in order for a human rights case to be considered in visa application cases, in practical terms, an applicant would need to demonstrate that the ECO’s decision interferes with his/her right to family life. Since this does not apply to your fiancé’s case, any appeal on human rights grounds is unlikely to be successful. What you could do, however, is submit a so-called service complaint for the attention of the ECM. Without wishing to sound too cynical, however, I must admit that I fear that you will get UKBA’s stock reply, namely that the ECM has reviewed the case, found that no errors were made, and therefore upholds the decision. Nonetheless you could do so, even if it were only to get your point across. Should you wish to do so, Accra’s e-mail address is accra.visa.corr@fco.gov.uk

          From what you describe, the application was not refused on financial grounds but rather on “intention to leave” grounds (paragraph 41 i and ii). In considering an applicant’s intention to leave the UK, the ECO considers an applicant’s ties to his/her home country. Whilst this list is by no means exhaustive, an ECO will consider things like family ties, does the applicant have any property/assets in his/her home country, does the applicant have a job and if so, is his/her income high/low by local standards, does the applicant have funds available and if so, are these in line with his/her circumstances e.g. are these in line with what you would normally expect to see from a person earning his/her claimed income etc. etc. The closer the ties to an applicant’s home country, the less likely an application will be refused under paragraph 41 i and ii. Of course, an ECO will want to see evidence to back up any statements concerning an applicant’s ties; the more evidence, the better. I am of course unaware of what documentary evidence was submitted in support of this application. It may well be that the ECO was of the opinion that insufficient evidence confirming strong ties to Ghana were submitted. In UK law, the onus is on the applicant to satisfy the ECO that s/he is a genuine visitor and it is up to the applicant to decide what documents s/he submits in support of his/her application. Whilst the UKBA website offers advice in the form of supporting documents guidance for visit applicants, these lists are not prescriptive or conclusive. Not very transparent, but then again, that is the law of the land. In terms of supporting documents, however, the golden rule is always the more, the better.

          Kind regards,
          Ukimmigrationspecialist.com

  27. Saad says:

    Dear Sir,
    Do you have contact details for visa section of British embassy Riyadh?
    Thank you!
    Saad

  28. baldev says:

    Dear Sir or Madam,
    I am from India and want to apply for a student visa. But I don’t have my uni cert yet, only a provisional cert. Do you think this will be a problem for UKBA?
    Many thanks for your reply.
    Baldev

    • Dear Baldev,

      I don’t know where you propose to submit your Tier 4 Student application but if this is in India, UKBA has confirmed that, in India only, UKBA accepts provisional degree certificates but only as long as the education sponsor has recorded on the CAS that the course offer was made on the basis of the provisional certificate.

      Hope this helps. Good luck with your application!

      ukimmigrationspecialist.com

  29. Flor says:

    Good morning dear Sir or Madam,
    I am a Filipina working in Germany. My contract here is nearly up and I would like to work in UK. Can I work there as an au pair?
    Many thanks for any help you can give me!
    God bless!
    Flor

    • Dear Flor,

      Since end 2008, there is no separate immigration category for au pairs. Instead, au pairs now need to meet the criteria under the UK’s Points Based System. The relevant Tier is Tier 5 – Youth Mobility Scheme. You will note that this route is only open to citizens of Australia, Canada, Japan, New Zealand, Monaco, Taiwan and the Republic of Korea. Apart from these countries, EEA nationals also qualify to come here as au pairs. In short, there is no provision for citizens of the Philippines to come to the UK as au pairs.

      There is no provision to come as a domestic helper either, unless you are accompanying a host family for whom you have been working for at least 12 months prior to your application. You’d only be able to work for that host family for a maximum of 6 months (or shorter if the host family were to leave from the UK within six months). In other words, the domestic helper route is basically open to domestic helpers that need to accompany their overseas host families on visits to the UK. In summary, unfortunately, you are not eligible to come to the UK as an au pair. You may, however, wish to consider other EU countries, such as The Netherlands or one of the Scandinavian countries.

      Please be aware of scams. Some websites offer very lucrative au pair placements in the UK. These are scams; citizens of the Philippines do not qualify for entry as au pairs!

      Kind regards,
      ukimmigrationspecialist.com

  30. Kuldeep says:

    Hello,
    I am a British citizen and have been working in Germany since 2009. My wife (Indian citizen) and I are considering to move to the UK end of this year. I know that my wife could apply for an EEA Family Permit but I’ve also heard that the rules are changing. Do the familymembers of Brits working in the EU still qualify for this permit?
    Many thanks for your help!
    Kuldeep

    • Hi Kuldeep,
      On 16 July, the UK introduced changes to the rights of EEA nationals and their family members through the Immigration (EEA) (Amendment) Regulations 2012. One of these changes (there are several) affect dual British/EEA nationals (and their family members). In short, as a result of the amendment, family members of dual British/EEA can no longer enjoy residence rights under the Regulations if the dual British/EEA national has not lived in another EEA State.
      I understand that you are a British citizen, and that you have been residing, and working, in Germany since 2009. In other words, you have been exercising a so-called Treaty right (employment) in another EEA Member State. As a result, your wife is unaffected by this amendment and continues to be eligible for an EEA Family Permit should she wish to apply for one. The alternative (more costly and more restrictive; for example, you would need to meet the income criteria), would be to submit a spouse application under the UK Immigration Rules. But as I say, since you are a British citizen that has been living and working in another EEA Member State, your wife can apply for an EEA Family Permit and is unaffected by the 2012 amendment to the EEA Regs.
      Hope this helps.
      ukimmigrationspecialist.com

  31. Falon says:

    Hi there,
    My husband has applied for a visa to join me in the UK. Eight weeks have gone by and we’ve still not heard anything. Who can I contact to check what’s happening with his application? We’ve checked the UKBA website, which says that we have to contact UKBA’s commercial partner. Is there any way that we can check with UKBA direct? I’m pulling my hair out here!
    Many thanks,
    Falon

    • Hi Falon,

      I’m afraid that UKBA’s commercial partners (e.g. WorldBridge, VFS Global) handle all enquiries relating to visa applications made outside the UK. I am unaware of where the application was submitted and, as contact details differ for each country, I’m afraid that I must refer you back to the relevant country site of the commercial partner in question.

      Please note that the commercial partner will typically only reply after UKBA’s ”visa processing times service standards” have lapsed. These service standards are: 90 per cent of non-settlement applications within 3 weeks, 98 per cent within 6 weeks and 100 per cent within 12 weeks of the application date and 95 per cent of settlement applications within 12 weeks of the application date and 100 per cent within 24 weeks of the application date.

      Since you mention that your husband has applied to join you in the UK, I assume that he has submitted a spouse (settlement) visa application. If that is the case, and the application was submitted 8 weeks ago, the maximum processing time (under the service standard) has not yet been reached. I know that this is very frustrating but, at this stage, there is very little that you can do, unless there are compelling compassionate circumstances (e.g. pregnancy etc.).

      In terms of contacting UKBA direct; should it come to the point that the processing time exceeds the published service standards, you could consider a) writing to your MP, who will contact UKBA on your behalf via UKBA’s dedicated MP enquiry point, or b) submit a service complaint to UKBA direct (UKBACustomerComplaints@homeoffice.gsi.gov.uk). Let’s hope that this is not necessary though and that you and your husband will receive a decision soon!

      Kind regards,

      ukimmigrationspecialist.com

      • tom and monica says:

        Dear ukimmigrationspecialist.com

        Once again thank you for promt reply to our previous enquiery.

        When reading through some internet forums I have found some information that we do not actually need to apply for EEA Family permit before traveling to UK but Monica should be eligble to get same permit once crossing customs in UK if we are traveling together. Is this true?

        Is that true that they have no right to refuse her entry at the border if we are together and have all neccessary evidance with us? Such as marriage certificate, photos etc

        Once again your reply would be highly appritaited.

        King Regards

        Tom and Monica

        • Dear Tom and Monica,

          UKBA’s current policy is that everyone that needs an EEA Family Permit needs to obtain one before his/her travels to the United Kingdom.

          The European Commission has recently criticised the UK for its policy to require EEA Family Permits where the non-EEA family member holds a valid residence card issued by another EU state. The EC argues that this policy is not in line with the Free Movement Directive because the Directive guarantees that non-EU family members of EU citizens who hold a valid residence card issued by one EU country can travel together with EU citizens within the European Union without an entry visa (Article 1 sub 8 of the Directive refers. You can find this here.). The Commission is of the opinion that, by insisting on EEA Family Permits in these circumstances, the UK does not fully uphold EU citizen rights. The UK, however, interprets the text of the Directive in a different way but I don’t want to go into the technicalities here. Suffuces to say that this case is still ongoing and, in the meantime, the UK’s official line is still that anyone that requires an EEA Family Permit, regardless of whether he or she holds a residence permit issued by another EU state, needs to obtain a Permit prior to arrival. You can find the Commission’s press release here.

          I am unaware of whether or not Monica holds a residence card for Poland. But even if this is not the case, you will have read in the forums that even where a passenger does not hold a valid residence permit from another EU state, it is possible to enter the UK without an EEA Family Permit. Is this a right enshrined in EU law? No, it is not. This is because the Directive distinguishes two “categories” of family members for the purposes of obtaining entry visas; those that hold residence permits for another EU state, and those that do not. For the latter, the Directive states that EU States may require visas to be obtained prior to arrival. Then what is the basis of the claim that any direct family member could enter the UK without an EEA Family Permit that we keep reading about? The answer is fairly simple. It is not laid down in law but it is an instruction in the UK Borderforce Operations Manual (the Chapter on EEA nationals and their family members). This instructs UK Immigration Officers to consider admission of family members that are not in possession of a Family Permit on entry. If the Immigration Officer is satisfied that the passenger meets the requirements in the Regulations and the passenger can provide satisfactory evidence that she or he is related to an EEA national, the Immigration Officer should admit the passenger for six months. Monica could then apply for a residence card as the family member of an EEA national in-country. You can find the Borderforce Manual here. Chapter 5.5.1 and 5.5.2 refer.

          You will also undoubtedly have read on the forums that visitors (Monica is not a visa national and she does not therefore require a visa to visit the UK) can switch to the status of a non-EEA familymember of an EEA national in-country, i.e. that visitors can apply for a residence card as a familymember of an EEA national in-country. Please note, however, that as a visitor, she might be refused entry if the Immigration Officer is not satisfied that she does not qualify for entry as a visitor. Of course you could then argue that she is a family member of an EEA national. But it’d mean a lot of hassle. Also, by seeking entry as a visitor whereas you know that the intention is to live in the UK, you would of course not be very truthful. This is why I would not recommend going down that route.

          The bottom-line is this; the UK’s official line is that any non-EEA family member of an EEA national that accompanies his/her EEA national to come live in the UK needs to obtain an EEA Family Permit prior to arrival. If you wish to avoid problems, obtaining an EEA Family Permit is the only proper route to take.

          I hope this has helped.

          Kind regards,

          UKimmigrationspecialist.com

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