EEA Family Permit Visa Refusal Appeal
Applicants whose EEA Family Visa (i.e EEA Family Permit or EEA Residence Card) refused can appeal the decision under the Immigration (European Economic Area) Regulations 2016. The rate of refusals for EEA Permanent Residence Cards is alarmingly high, around 28%. Therefore, it is advisable that when applying for EEA Family Visa, you instruct an expert immigration solicitor to assist you with your application. If you have already been refused, our team can help you to appeal the decision. We have years of experience in EEA immigration law, can advise and represent you, offering legal advice and quick support.
In June 2016, the British people voted by a small majority to leave the EU. Since then, the rights of EEA nationals and their family members have been in a state of flux, with the British government offering little clarity as to what will happen after the UK leaves the bloc as of early 2018. Therefore, many EEA citizens living in the UK have taken steps to secure their right of residence in the UK by applying for an EEA Permanent Residence Card.
At A Y & J Solicitors, we have helped and assisted EEA nationals, and their families securing their right to live and work in Britain. We follow the developments on Brexit plan and analyse the impact it has on EEA citizens and their loved ones, we can provide expert advice on how to ensure their right to remain in the UK after Brexit is protected. This includes transferring EEA Permanent Residence Cards to ‘Settled Status’ once this new policy has been brought into force.
What Are the Main Reasons for EEA Family Visa Refusal i.e. Family Permit and Residence Card Refusals with Right of Appeal?
There are many reasons UK Visas and Immigration (UKVI) issue refusals to applicants for EEA Family Permits and Residence Cards. These include:
- The relevant requirements have not been met
- The correct supporting documents have not been submitted – this is common among self-employed people
- They consider the applicant a risk to UK health or public safety
- The applicant has been deceptive in their application
The best way to avoid having your application refused is to prepare the application very strong considering current immigration law. We analyse the strengths and weakness of you application well in advance and inform the chances of success. We can ensure that any forms are filled in correctly and collate the relevant documents. In addition, we prepare legal representation submitting cover letter to UK Visas and Immigration (UKVI) and explain any anomalies.
Is It Best to Appeal or Resubmit My Application if EEA Family Visa is Refused?
The Home Office is dealing with a significant backlog of EEA appeals; therefore, the process is taking longer than normal. It is usually quicker to simply reapply and more cost-effective for people who have been refused for not sending in the correct supporting documents or filling in the 85-page form incorrectly.
Our expert lawyers will carefully review the reasons of EEA application refusal and discuss the best course of action with you. We are an SRA regulated firm with successful track record, which means our team is authorised and experienced enough to provide legal advice on your immigration matter. They will share their honest opinion on your matter and recommend the best possible solution, this includes taking into account what will be most cost-effective option which helps getting a quick decision.
If re-applying is the best option, we will help you collate the required supporting documents, fill in the forms correctly, and write a covering letter explaining why the re-application should be approved.
What is the Appeal Process for EEA Permanent Residence Cards Refusals?
If your EEA Permanent Residence Card Application has been refused for a reason that cannot be rectified by re-applying but does give rise to an appeal, we can advise and represent you.
We will write to UKVI in the first instance, outlining our reasons for appealing the decision. Because of our experience and ability to create a strong legal argument on behalf of our clients, matters could be resolved at this stage. However, if litigation proves inevitable, we will provide strong representation at the Tribunal, with a focus on achieving the best possible results in the fastest possible way.
Why Choose A Y & J Solicitors for EEA Family Visa Refusal Appeal?
A Y & J Solicitors will work with you in every step of the application and/or appeal process, from initial consultation until you get decision on your EEA Family Visa Refusal Appeal. Clients are treated with the utmost respect and consideration, and can always expect a hassle-free service, regular updates, and clear communication. We have helped many clients and get successful results on their EEA Family Visa Appeal.
Comprehensive Sickness Insurance is medical insurance. The Home Office defines it as “any form of insurance that will cover the costs of the majority of medical treatment” in the UK.
To make a successful application, you will need to provide the following non-exhaustive list of documents:
- a valid passport
- evidence of your relationship to your EEA family member, for example, a marriage certificate, civil partnership certificate, birth certificate, or proof that you’ve lived together for two years if unmarried
- your family member’s valid passport or national identity card (or a certified copy if you can’t provide the original)
- proof of your dependency if you’re dependent on your EEA family member
- proof that your EEA family member has permanent residency status or, if they have been in the country for more than three months, is exercising their Treaty rights.
A Y & J Solicitors’ Review
I am extremely happy the way we were been on-boarded with the EEA Resident Permit application process & the promptness in responses throughout. Diana & Zareen were very professional & i would highly recommend for any such visa services. Thanks Team
AY&J solicitors were an absolute god-send. They supported me through each painstaking step of my application process. I rapidly became assured that I was in good hands and found their advice to be clear, calm and sound. The staff were very patient, accommodating and I felt well listened. I would certainly use their services again if need be and recommend to others.
I know A Y & J Solicitors for many years now and instructed them for various UK immigration matters. But specially I like to talk & thank about my mother’s latest EEA residence permit under ‘Surinder Singh’ route that has been approved in the ‘First instance’. It was a very complex immigration application under EU regulation but with the help of YDVISAS and team, this became a dream come true. I always received a full assurance and a complete hand holding support throughout the application process. I am united with my mother in the UK with the top technical knowledge of EU regulation, relentless efforts and honest – humble approach of A Y & J Solicitors. Saying ‘Thank you’ won’t be enough here, having my mother with me in the UK is a lot more than any words I describe my appreciation with. I highly recommend A Y & J Solicitors to anyone who is looking for professional support in relation to UK immigration including EU regulation / Surinder Singh route.
Success Story on EEA Family Visa Appeal
EEA Permanent Residence Card Refused, Overturned on Appeal
Have you applied for Permanent Residence as the extended family member (unmarried partner route) of an EEA national and your application was refused? Non-EEA Resident Applies for Permanent Residence Card Mr A, a NON-EEA National arrived in the UK as a student. While in the UK he met his girlfriend, an EEA national who was…
Video on EEA Family Visa Appeal
UK Immigration Appeal Process
We are a specialised UK immigration law firm.
Today I want to talk to you about UK immigration appeal.
You might be able to appeal to the First-tier TRIBUNAL if the Home Office has refused your ‘asylum claim’, human rights claim or made a decision under the EEA Regulations.
The tribunal is INDEPENDENT of government. A judge will listen to both sides of the argument before making a decision.
If you are having a full right of appeal, then you should consider seeking legal advice from an experienced immigration lawyer.
Let me share as to how we deal with the appeals at A Y & J Solicitors.
The first step is to review your case and find out the chances of success for an appeal, the fees involved and the recommended approach to your appeal.
It’s not always advisable to appeal a decision, so make sure you have an expert advice before moving forward.
You will then be asked to gather documents and information to support your appeal. It’s important
that this is done quickly, because the deadline for appeal is short and inflexible.
Next, the hearing preparation begins. Let me summarize this in 5 points.
Point 1 includes compiling evidence to support your appeal,
Point 2 includes the skeleton argument your lawyer prepares in your defence,
Point 3 includes any examples of case law that are pertinent,
Point 4 includes any violation of the Home Office’s policy guidance, and
Point 5 includes a detailed statement of your situation that is completely accurate in showing your circumstances.
Your lawyer will then help you get ready by reviewing all information and any questions you may be asked during your hearing.
Now, at the hearing stage, there is a set structure.
First you will have a pre-hearing conference with your lawyer to help you feel confident and calm. Next, a brief meeting takes place between your lawyer and the presenting officer of the Home Office. Occasionally a favourable decision could arise from this meeting, and the hearing could be shortened to a decision. If a decision could not be made, the skeleton argument is handed to the judge, and your case is presented. You will be asked questions by your lawyer and by the Home Office. Then after, closing submissions are heard from the both sides. The hearing would be concluded with a private meeting with your lawyer to ensure that you understand everything that was discussed.
Usually a decision about your appeal is given later and is received in writing. After you receive this decision, you meet with your lawyer —hopefully to celebrate your upcoming Visa!
The appeal process is technical and often complex, if you have any questions or require our assistance, please get in touch. We’ve processed many successful appeals, and we can help you too. Our contact details are at the bottom of this video.
Thank you and I look forward to hearing from you soon.