We applied for a EUSS Family Permit (me being a British citizen returning to the UK) in July and got refused in October on very weak and inconsistent reasons. We can't understand why our decision was made so quickly when so many others are still waiting and who applied before us or at same time. Ours was classed as 'not straightforward' so it couldn't have been on the grounds that it was a simple application, also it was NOT done in date order as the HO states these applications are assessed on. Below are comments from a letter response from Kevin Foster, Immigration Minister, and my questions are this:
''provided very little evidence to demonstrate they were exercising EEA treaty rights, even following a request for further documentation.
Furthermore, although there is some evidence of joint residence, it is not consistent. Ms *** contends the Home Office has refused to accept Mr *** as her ‘family member’ and has suggested the relationship is not genuine. This is not the case, as the Home Office accepts Mr and Ms *** are married.
However, the basis of the refusal is the lack of evidence of EEA treaty rights being exercised and evidence of joint residence in France to prove genuine family life was created and strengthened there.''
a) If he is agreeing the HO accept our marriage/relationship as genuine how can they refuse on the excuse we didn't prove a 'genuine family life was created and strengthened'? My husband joined me in Aug 2019 after giving up a good secure job in his non EU country so life was CREATED, we got married in June 2020 so our life was STRENGTHENED.
B) I have lived in France for 19 years and we submitted evidence that I have worked in France or been registered as a job seeker from 2007 to 2017. Since 2017 I was deregistered as a job seeker due to an accident and ongoing problems but this still covered me as a worker (according to the Withdrawal Agreement). We also submitted an official email confirming my WA RP had been accepted but this was refused because it did not have the word 'permanent' on it. It states in Withdrawal Agreement that after 5 continuous years residence you are entitled to a 'permanent' WA RP. We received the refusal 20th October, my bio was done 25th and I received WA RP on November 8th. Should the HO have postponed the decision knowing receipt of WA RP was imminent instead of declaring me NOT to be a 'qualifying British Citizen'? Also in the ECO guidance notes it states that if the BC is NOT qualifying they should go straight to 6 which is to REFUSE WITHOUT assessing any more details in the application... did they assess other reasons because they knew they were wrong on the qualifying issue and that is why Kevin Foster skirted around that point in his letter?
We supplied Rental Agreements and utility bills in both names for the whole period we have lived together in France, bank statements in each name at the same address, certificate of cohabitation 2019, certificate of marriage 2020, registration emails confirming WA RP applications at same address, other official letters at same address. We don't understand what the 'inconsistent' is in Kevin Foster's reasoning. No consideration was given to the fact we lived through 2 x covid lockdowns and ongoing restrictions which meant we were very limited in how much we could integrate into the Fr admin system or local community. We also showed proof of our previous 3 year relationship - long distance.
''provided very little evidence to demonstrate they were exercising EEA treaty rights, even following a request for further documentation.
Furthermore, although there is some evidence of joint residence, it is not consistent. Ms *** contends the Home Office has refused to accept Mr *** as her ‘family member’ and has suggested the relationship is not genuine. This is not the case, as the Home Office accepts Mr and Ms *** are married.
However, the basis of the refusal is the lack of evidence of EEA treaty rights being exercised and evidence of joint residence in France to prove genuine family life was created and strengthened there.''
a) If he is agreeing the HO accept our marriage/relationship as genuine how can they refuse on the excuse we didn't prove a 'genuine family life was created and strengthened'? My husband joined me in Aug 2019 after giving up a good secure job in his non EU country so life was CREATED, we got married in June 2020 so our life was STRENGTHENED.
B) I have lived in France for 19 years and we submitted evidence that I have worked in France or been registered as a job seeker from 2007 to 2017. Since 2017 I was deregistered as a job seeker due to an accident and ongoing problems but this still covered me as a worker (according to the Withdrawal Agreement). We also submitted an official email confirming my WA RP had been accepted but this was refused because it did not have the word 'permanent' on it. It states in Withdrawal Agreement that after 5 continuous years residence you are entitled to a 'permanent' WA RP. We received the refusal 20th October, my bio was done 25th and I received WA RP on November 8th. Should the HO have postponed the decision knowing receipt of WA RP was imminent instead of declaring me NOT to be a 'qualifying British Citizen'? Also in the ECO guidance notes it states that if the BC is NOT qualifying they should go straight to 6 which is to REFUSE WITHOUT assessing any more details in the application... did they assess other reasons because they knew they were wrong on the qualifying issue and that is why Kevin Foster skirted around that point in his letter?
We supplied Rental Agreements and utility bills in both names for the whole period we have lived together in France, bank statements in each name at the same address, certificate of cohabitation 2019, certificate of marriage 2020, registration emails confirming WA RP applications at same address, other official letters at same address. We don't understand what the 'inconsistent' is in Kevin Foster's reasoning. No consideration was given to the fact we lived through 2 x covid lockdowns and ongoing restrictions which meant we were very limited in how much we could integrate into the Fr admin system or local community. We also showed proof of our previous 3 year relationship - long distance.
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