This relates to EEA Family Permit Interview and issuing a Type D Visa i.e. EEA Family Permit 6 Months. The post also discusses the refusal on grounds of public policy, public security and public health and applications from Direct Descendants under 18 years of age.
Can ECO Invite an EEA Family Permit Applicant for an Interview?
The ECO can invite an applicant in for an interview as long as any delay or deferral can be justified. The ECO can consider inviting an applicant for an interview when there are strong grounds to doubt that:
- the applicant is not related as claimed to EEA national.
- the applicant is not genuinely dependent on the EEA national (except spouses and descendants under 21).
- the EEA national may not be intending to going to the UK.
- the EEA national may not be a qualified person.
In addition to the above, if there are strong grounds to suspect:
- that the EEA national intends to ‘drop off’ the applicant and return to the country of origin.
- a marriage of convenience.
- the identity of the applicant.
Moreover, an applicant can be called for an interview if there are strong grounds to consider refusing on the basis of Public Policy, Public Health or Public Security.
Marriages and civil partnerships of convenience
A person who is a party to a marriage or civil partnership of convenience is excluded from the definition of ‘spouse’ or ‘civil partner’ under regulation 2 of the 2016 regulations.
If the immigration officer suspects that a marriage or civil partnership is one of convenience, then the applicant is requested to provide evidence about his/her relationship or attend an interview on this basis.
If the applicant fails to comply with a request to provide evidence or to attend a marriage interview on 2 separate occasions, regulation 22(4)(b) allows to draw ‘factual inferences’ about the applicant’s entitlement to reside as may appear appropriate in the circumstances. This means that taking the failure of the applicant to provide evidence or attend an interview, along with any other reasons to suspect that the marriage or civil partnership is one of convenience, can lead to decide that the applicant does not have a right to an EEA family permit.
If following an interview, it is decided that the marriage or civil partnership is one of convenience then the application is refused, which is required to be clearly set out in the refusal letter the reasons for concluding that the marriage or civil partnership is not genuine.
Refusal on Grounds of Public Policy
In line with regulation 21, family members of an EEA national can be refused an EEA family permit on the grounds of:
- public policy
- public security
- public health
Before issuing an EEA family permit it is ascertained that there are no reasons to refuse on the grounds of public policy, security or health.
Where a refusal is considered on the grounds of public policy, public security or public health in accordance with Regulation 21. The provision for refusal of an EEA family permit on public grounds is distinct from the provision in the Immigration Rules for refusal on non-conducive, criminal conviction and medical grounds. The level of evidence required for refusals in these cases is high. A person’s previous criminal convictions alone do not justify a refusal.
Where there are reasonable grounds to suspect that the applicant has submitted fraudulent evidence in support of an application for an EEA family permit, then the application is also refused on public policy and public security grounds.
Deportation or Exclusion Order
Where an applicant is the subject of a deportation or exclusion order. The applicant must apply first for the order to be revoked. If successful, upon application for the family permit, the case must be referred to Euro Casework.
Exclusion and removal from the United Kingdom
23.—(1) A person is not entitled to be admitted to the United Kingdom by virtue of regulation 11 if a refusal to admit that person is justified on grounds of public policy, public security or public health in accordance with regulation 27.
(6) Subject to paragraphs (7) and (8), an EEA national who has entered the United Kingdom or the family member of such a national who has entered the United Kingdom may be removed if—
(a) that person does not have or ceases to have a right to reside under these Regulations;
(b) the Secretary of State has decided that the person’s removal is justified on grounds of public policy, public security or public health in accordance with regulation 27; or
(c) the Secretary of State has decided that the person’s removal is justified on grounds of misuse of rights under regulation 26(3).
(7) A person must not be removed under paragraph (6)—
(a) as the automatic consequence of having recourse to the social assistance system of the United Kingdom; or
(b) if that person has leave to remain in the United Kingdom under the 1971 Act unless that person’s removal is justified on the grounds of public policy, public security or public health in accordance with regulation 27.
(8) A decision under paragraph (6)(b) must state that upon execution of any deportation order arising from that decision, the person against whom the order was made is prohibited from entering the United Kingdom—
(a) until the order is revoked; or
(b) for the period specified in the order.
(9) A decision taken under paragraph (6)(b) or (c) has the effect of terminating any right to reside otherwise enjoyed by the individual concerned.
EEA Family Permit 6 Months Visa Endorsement | UK Visa Type D
An EEA family permit is valid for 6 months. The non-EEA national family member can leave and enter the UK multiple times within that time period.
Under regulation 7(3) or the 2016 regulations, extended family members must apply for a residence card if they want to stay in the UK after their EEA family permit has expired.
The applicant is issued a Category D Vignette with one of the following endorsements:
D: ‘EEA FP: FAMILY MEMBER: [TO ACC ‘Name of EEA national’] or
D: ‘EEA FP: FAMILY MEMBER: [TO JOIN ‘Name of EEA national’]
The EEA family permit should be valid for 6 months from the date of issue and may be used for multiple entries to the UK during that period. It should carry the name of EEA national in the ‘add endorsement’ field and should indicate whether the non-EEA national will be accompanying or joining the EEA national in the UK.
The permit will indicate to the Immigration Officer that the holder is the family member of an EEA national living in the UK in accordance with the Regulations* the revocation is justified on grounds of public policy, public security or public health.
The holder is not at that time the family member of an EEA national living in the UK in accordance with the Regulations.
After entry to the UK, the holder can apply to the Home Office for a residence card. A residence card (an endorsement in the holder’s passport) enables the holder to re-enter the UK without the need for an EEA family permit for as long as they are the family member of an EEA national with a right of residence in the UK. A residence card, which is normally valid for five years, is simply a confirmation of the holder’s right of residence in the UK – it is not a compulsory requirement.
Applications from Direct Descendants under 18
In order to protect the interests of minors, ECOs are required to ensure that they have established parental responsibility for children applying for EEA family permits as direct descendants of EEA nationals, particularly where one or both parents will not be accompanying the child to the UK. In these cases, it is reasonable to ask for the written consent of the child’s parent(s) or legal guardian(s) for the child to travel before issuing the EEA family permit.
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Challenge Refusal Decisions: Immigration Appeals and Judicial Review
- Immigration Appeal UK | Tribunal Decisions | Success Rate 2010-18.
- Appeal a UK Visa Decision | UK Immigration Appeal Procedure.
- Appeal Against Entry Clearance Refusal.
- File Immigration Appeal Against an In-Country Decision.
- Appeal Against an In-Country Decision from Outside the UK.
- UK Visa Appeal Solicitors | Immigration Appeal Success Rate.
- Appeal against First Tier Tribunal Decision.
- Judicial Review Procedure Immigration Cases.
- TOEIC Test Court Decision | In Country Right of Appeal.
- Right of Appeal Human Rights Claim Refusal.
- Rights of Appeal Immigration Act 2014.
- UK Visa Refusal Appeal or Reapply | Reapplying after Rejection.
- UK Immigration Appeal Process: Appealing Against UK Visa Refusal.
- UK Immigration Grounds of Appeal- Section 84 Immigration Act 2002.
- Notice of Appeal UK Visa and Immigration Refusal Decision.
- Appeal Against Immigration Decision: Immigration Appeal Solicitor.
- UK Visa Refusals: How to Challenge Decisions?.
- UK Visa Appeal Tribunal.
- UK Visa Judicial Review | How to Remove 10 Year Ban?.
- Appeal for UK Family Visit Visa Refusal Abolished on June 25, 2013
- Lodging an Immigration Appeal Online | UK Visa Appeal Solicitors.
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UK Immigration Statistics and Refusal Rates:
- UK Visa Refusal Rate 2017 by Geographical Regions
- UK Visa Refusal Rate by Country 2017 | Middle East
- UK Visa Refusal Rate 2017 from South Asia
- UK Visa Applications from East Asia
- UK Visa Refusal Rate by Country 2017 South East Asia
- UK Visa Applications from North African Countries
- UK Visa Applications from Central and South American Countries
- UK Visa Applications from Europe
- UK Visa Applications from Sub-Saharan African Countries
- UK Visa Applications from Australia and New Zealand
- UK Visa Applications from Refugees and Stateless
- UK Visas Entry Clearance Statistics
- UK Work Visa Statistics April-June 2017
- UK Visa Refusal Rate from Pakistan and Reasons for Refusal
- UK Visa for Egyptian Nationals | UK Entry Clearance Grants 2017
- Details of UK Immigration and Work Visas during 2005-15
- Non-PBS Domestic Worker, UK Ancestry Visas Issued During 2005-15
- Visa for UK | UK Visa Refusal Rate During 2005-17