EEA Family Permit, DNA Test, Interview, Visa Endorsement
Guidance on EEA Family Permit: EUN02 | Published on 13 November 2013 by Home Office UK Government | Details of Sections 17-21, EUN2.17-21 (of 24 Sections EUN2.1-2.24)
17. EUN2.17 Can EEA family permit applicants be DNA tested?
DNA tests may be used as a last resort, but only where all other means of establishing the relationship have been exhausted and there is demonstrable doubt in respect of the authenticity of the claimed relationship.
18. EUN2.18 Can I invite an applicant in for interview?
The ECO can invite an applicant in for interview as long as any delay or deferral can be justified. The ECO should consider inviting an applicant for interview in the following circumstances:
- Strong grounds to doubt applicant is related as claimed to EEA national
- Strong grounds to doubt that applicant is genuinely dependent on the EEA national (except spouses and descendants under 21)
- Strong grounds to doubt that EEA national is in, or will be going to, the UK
- Strong grounds to doubt that the EEA national is, or will be, a qualified person
- Strong grounds to suspect the EEA national intends to ‘drop off’ the applicant and return to the country of origin
- Strong grounds to suspect a marriage of convenience
- Strong doubts about identity of applicant
- Strong grounds to consider refusing on the basis of Public Policy, Public Health or Public Security.
19. EUN2.19 When should I refer / defer an application to UKBAIG or UKBA?
If, after consulting this guidance, the ECO is still unsure as to the appropriate course of action to take when assessing an EEA family permit application, the ECO should contact European Operational Policy for advice.
Applications should be referred to the UKBA Euro Casework in the following circumstances:
- Where a refusal is considered on the grounds of public policy, public security or public health in accordance with Regulation 21. The provision for refusal of an EEA family permit on public grounds is distinct from the provision in the Immigration Rules for refusal on non-conducive, criminal conviction and medical grounds. The level of evidence required for refusals in these cases is high. A person’s previous criminal convictions alone do not justify a refusal.
- Where an applicant is the subject of a deportation or exclusion order. The applicant must apply first for the order to be revoked. If successful, upon application for the family permit, the case must be referred to Euro Casework.
- Where further advice is needed after consulting entry clearance guidance.
Details of how to send referrals to the Euro Casework can be found in OPI 225. Emails should be marked ‘Urgent. Non-EEA family member of an EEA National’.
20. EUN2.20 What are the visa endorsements for EEA family permits?
The applicant should be issued a Category D Vignette with one of the following endorsements:
D: ‘EEA FP: FAMILY MEMBER: [TO ACC ‘Name of EEA national’]
D: ‘EEA FP: FAMILY MEMBER: [TO JOIN ‘Name of EEA national’]
The EEA family permit should be valid for 6 months from the date of issue and may be used for multiple entries to the UK during that period. It should carry the name of EEA national in the ‘add endorsement’ field and should indicate whether the non-EEA national will be accompanying or joining the EEA national in the UK.
You (ECO) should explain to the applicant that:
- The permit will indicate to the Immigration Officer that the holder is the family member of an EEA national living in the UK in accordance with the Regulations* the revocation is justified on grounds of public policy, public security or public health; or
- the holder is not at that time the family member of an EEA national living in the UK in accordance with the Regulations.
- After entry to the UK the holder can apply to the Home Office for a residence card. A residence card (an endorsement in the holder’s passport) enables the holder to re-enter the UK without the need for an EEA family permit for as long as they are the family member of an EEA national with a right of residence in the UK. A residence card, which is normally valid for five years, is simply a confirmation of the holder’s right of residence in the UK – it is not a compulsory requirement. See further guidance on applying for residence cards.
21. EUN2.21 Applications from direct descendants under 18
In order to protect the interests of minors, ECOs should ensure that they have established parental responsibility for children applying for EEA family permits as direct descendants of EEA nationals, particularly where one or both parents will not be accompanying the child to the UK. In these cases it is reasonable to ask for the written consent of the child’s parent(s) or legal guardian(s) for the child to travel before issuing the EEA family permit.
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