EEA Family Permit | Refusal Reasons and Wordings

EEA Family Permit | Refusal Reasons and Wordings

Guidance on EEA Family Permit: EUN02 | Published on 13 November 2013 by Home Office UK Government | Details of Sections 22-23, EUN2.22-23 (of 24 Sections EUN2.1-2.24)

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

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

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

23. EUN2.23 Suggested refusal wordings

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

‘In view of your failure to provide satisfactory evidence, I am not satisfied that you are the family member of an EEA national in accordance with Regulation 7 of the Immigration (European Economic Area) Regulations 2006.

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

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

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

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

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

Extended Family Members:’I am not satisfied that you are dependent on the EEA national or a member of his/her household. I am therefore not satisfied that you are an extended family member in accordance with Regulation 8 of the Immigration (European Economic Area) Regulations 2006.’

In cases involving extended family members – the applicant may have provided evidence of dependency or that they lived as part of the EEA national’s household in an EEA state prior to coming to the UK. However, you must also be satisfied that a refusal of the application would result in EEA national being prevented from exercising his or her free movement rights, and that in all circumstances, is it appropriate to issue a family permit:

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

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

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

In your case you have [reasons, for example, no evidence of serious health issues / the need for care by the EEA etc.]”

23.5 v. The applicant claims to be in a ‘durable relationship’ with the EEA national

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

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

In your case you have [reasons, for example, no intention to live together, no evidence of 2 year durable relationship etc.]’

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

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

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

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

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

23.8 viii. Extended Family Members

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

Only those family members referred to under Article 2 of the Directive 2004/38/EC have an automatic right to join or accompany an EEA family member to another member state when that EEA national is exercising a Treaty right.

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

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

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

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

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

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

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