EEA Family Permit or EEA Residence Card Refusal
EEA Family Permit and EEA Residence Card applications are getting refused in large numbers nowadays. Since the UK voted to leave the European Union in June 2016, there has been a flood of EEA nationals and their family members applying for EEA Family Permits and Permanent Resident Cards to secure their right to live and work in the UK.
At times, EEA Family applications are rejected even if the application details and supporting documents are correct. At A Y & J Solicitors, we have helped many individuals with their application and appeal matters, and we are well-known for our commitment to our clients and always working towards achieving the best possible results.
What Are the Common Reasons for an EEA Family Permit and UK Residence Card to Be Refused?
There are various reasons UK Visas and Immigration (UKVI) issue refusals to applicants for their EEA Family Permits and Residence Cards. These include:
- The applicant failed to enclose an original identification, i.e. passport or EEA ID card for the Sponsor/EEA national
- The EEA national failed to show that he/she is exercising treaty rights
- Their claimed marriage or relationship is in question
- The applicant failed to show that he/she is dependant on the EEA national
- The applicant failed to pay the application fees, applicable for the in-country Residence Card applications
The best way to avoid having your application refused is to instruct experienced Immigraiton Lawyer at the beginning of the application process. Our experts can ensure that any forms are filled in correctly and collate the relevant documents. Also, we analyse the strengths and weaknesses of your application and draft legal representations with your application, explaining any anomalies.
What Options Are Available to Challenge an EEA Family Permit and Residence Card Refusal?
EEA Residence Card Refusal
If UKVI refuses your application for a Residence Card, you will have a statutory right of appeal against the refusal of the application unless you failed to provide the evidence of EEA family member’s nationality, i.e. the ID card or passport of the EEA national. The appeal against the refusal of Residence Card application must be filed with the First-tier Tribunal within ten working days (5 working days if you are in detention) from the date of receipt of the refusal letter.
You may also wish to submit a new EEA Residence Card application, instead of pursuing your appeal.
EEA Family Permit Refusal
The window of opportunity for appeal of an EEA Family Permit refusal is very brief – only 28 days from the date you receive the refusal. You can exercise your appeal rights by filing an appeal with the First-tier Tribunal. Depending on the reasons for refusal you may also consider submitting a new EEA Family Permit application.
Before October 2017, the landmark judgment (Sala (EFMs: Right of Appeal: Albania)  UKUT 411 (IAC)), concluded that Extended Family Members (EFM) have no right of appeal against a decision by the Home Office. The Court of Appeal overturned the decision, and extended family members now have the right to appeal if their EEA Family Permit or Residence Card is refused.
How A Y & J Solicitors Can Assist You in Appealing an EEA Family Permit and Residence Card Refusal?
We have over ten years’ experience in challenging UKVI decisions. We understand the procedure of an immigration appeal and will ensure the process is followed correctly. Read our success stories on EEA Family Applications here.
Our experts will examine the reasons given for your application’s refusal. We will then work with you to decide the best course of action. Before considering an appeal, it may be more appropriate to resubmit your application if the refusal was based on the fact the application form was not filled in correctly and/or incorrect supporting documentation was submitted, or failure to provide required evidence.
If the resubmission is not an appropriate course of action, we can analyse and recommend lodging an appeal with the First Tier Tribunal. With regards to EEA Family Permits, applicants can have their applications reviewed by an Entry Clearance Manager (ECM), and often this results in the initial decision being overturned and the EEA Family Permit approved. In the event the ECM considers that the original decision was appropriate, the First-tier Tribunal will list your appeal for an oral or paper hearing, depending on your preferences.
As a team of experienced immigration lawyers, we have an established reputation for effective and efficient management in assisting our clients with their UK EEA Family Permit and Residence Card refusals.
What Can You do if Your EEA Family Permit or Residence Card Appeal is Dismissed at the First-Tier Tribunal?
If your appeal is unsuccessful, A Y & J Solicitors can advise and assist you to submit an appeal to the Upper Immigration Tribunal (Immigration and Asylum Chamber) to have the decision of the First-tier Tribunal reviewed, if we believe that the decision contains an error of law.
The right to appeal to the Upper Tribunal is not an automatic right, and we must first seek – and be granted – permission to appeal from the First-tier Tribunal First and the Upper Tribunal if refused. We have helped many clients, read our reviews here.
Depending on the application you have made, you will be asked to attend the courtroom. If you have had your EEA Family Permit refused, you will not be able to attend the oral hearing. However, your EEA Family member residing in the UK should attend. If your EEA Residence Card application is refused, you and your EEA national can attend the hearing, unless you have chosen to have your appeal decided on papers. In that case, nobody is required to attend the hearing.
You will receive a decision on your appeal by post. The tribunal will send you a copy of the decision within four weeks of the hearing taking place.
The tribunal will either decide to:
- allow your appeal – this doesn’t automatically mean you’ll be able to enter or stay in the country and may simply mean the UKVI will issue fresh decision
- dismiss your appeal and uphold the UKVI’s original decision
Success Story on EEA Family Permit / Residence Card Refusal
EEA Permanent Residence Card Appeal for Retained Right of Residence Successful
Mr. O obtained a Residence Card after his marriage to an EEA national who was living and working in the UK. They lived as a happy couple for the first few years until problems occurred between them due to differing outlooks on life and they began to have arguments regularly. The relationship became irreparable after…
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.