EEA Family Permit refused - what next?

Is the sponsor an EU/EEA or Swiss national ? To what extent is freedom of movement still restricted for same-sex couples in the EU ? Do you have experience of immigration bureaucracy in other European countries ? Please also visit EU/EEA page in the main website

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Denise1979
Posts: 1
Joined: Wed Aug 10, 2016 7:27 pm

EEA Family Permit refused - what next?

Post by Denise1979 » Wed Aug 10, 2016 7:47 pm

I've applied for a EEA Family Permit from Brazil but it has been refused. It said I haven't provided sufficient evidences of my relationship with the sponsor and because me and my wife live with a third party (AKA flat share) they questioned whether the relationship is genuine. I have the right to appeal, but it goes to a UK court, takes up to 1 year and apparently it costs a lot. I live in London since 2013, just have finished an MA, married my wife last June and haven't applied for a Residence Card directly because of the timescale - I could not let my passport for 6 months now because of a trip.

Now I'm out of the Country, with a Student Visa Tier 4 that expires on end of October, and my flight back to UK is booked to the 25/08. However my course has finished. I have been told that I could experience problems in entering because of that. What can I say in the boarders?

Also, once entering the Country, what would be the best to do? Can I apply for the Residence Card? What are my rights as a spouse of an European Citizen? (She is Italian, I am Brazilian)

Best,

martyn
Senior Member
Posts: 3276
Joined: Thu Sep 07, 2006 9:08 pm
Location: Nuneaton

Re: EEA Family Permit refused - what next?

Post by martyn » Fri Aug 12, 2016 7:21 pm

Sorry to hear about this. Is your Italian wife in London at the moment? If so I would recommend that she goes along to the monthly partnership meeting where she will be able to discuss this with one of the volunteer solicitors there. Meeting details here: http://uklgig.org.uk/?page_id=80#partnership-meetings

IIRC appealing is likely to be a waste of time and money and you would be far better off applying again for the EEAFP but this time providing evidence that you are in a genuine relationship.
Any responses on this forum represent the opinion of the writer only
If you need legal advice, see http://uklgig.org.uk/?page_id=100 for a list of solicitors

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