EEA Family Permit Refused

My husband is in America and he has applied for an EEA Family Permit to come and live with me in UK. He has sent them my original Polish passport. I am settled in UK since 2008, working full time etc. His application was refused and the reason was that he didn't provide a proof of me being an EEA national. He has no right to make an appeal. Is Polish passport not enough to prove that I am EEA national?  What other proof do they want us to provide?

Sorry to hear that .

Are you able to post the exact wording of the refusal? Sometimes you have to read between the lines for the actual reason for a refusal - it might be that you didn't show proof of exercising your EEA Treaty Rights... did you send proof of current employment in the UK?

However, idn't you recently say that you were no longer exercising your treaty rights in the UK because you were no longer working? I thought you had abandoned the idea of applying for the EEA Family Permit because of this?

If that's the case and you are no longer exercising treaty rights, then they would have been correct to refuse it because he cannot qualify for an EEA Family Permit anymore.

Actually I was told at work that I might loose my job that's why I said that but I kept my job just changed the position, I am still working for hhe same company full time so yes I do excerise EEA Treaty Rights. And we have sent them my last 3 current payslips along with the letter from my employeer to confirm that.

The exact words of refusal are: you state that your wife is a Poland national living in UK while I acknowledge you provided your marriage certificate to confirm your relationship you did not provide any proof that your wife is in fact EEA national by way of her passport or other legal documentation. In view of your failure to provide satisfactory evidence I am not satisfied you are the family member of an EEA national and accorince with regulation 7 of the emigration EEA regulations 2006

Actually I was told at work that I might loose my job that's why I said that but I kept my job just changed the position, I am still working for hhe same company full time so yes I do excerise EEA Treaty Rights. And we have sent them my last 3 current payslips along with the letter from my employeer to confirm that.

Ah, okay .

The exact words of refusal are: you state that your wife is a Poland national living in UK while I acknowledge you provided your marriage certificate to confirm your relationship you did not provide any proof that your wife is in fact EEA national by way of her passport or other legal documentation. In view of your failure to provide satisfactory evidence I am not satisfied you are the family member of an EEA national and accorince with regulation 7 of the emigration EEA regulations 2006

Okay, so they are saying you didn't provide your Polish passport details or any evidence of an EEA residence card/sticker.

What did you send in terms of your passport?

My original passport. Not a copy. He took my passport, our marriage certificate, my paysplips, bank statement, his passport etc with him and he sent it all. It was attached to his refusal documents

Yeah, that's odd - I don't understand why they have refused it.

Does the letter say anything about right to appeal?

Alternatively, he can reapply, citing the refusal, including the paperwork from it, and stating clearly that he is sending your passport.

Yes it says clearly he has no right to appeal. should we reapply or is it waste of time if we will not provide any other documents than previously?

I am settled in UK since 2008, working full time etc.

Settled in the UK means you have obtained PR. PR is EU laws. Moving to the UK in 2008, is exercising treaty rights. To exercise those treaty rights and have a right to reside in the UK, then you must have been a qualified person at all times.

Actually I was told at work that I might loose my job

You might have already obtained PR (settled status) by already exercising treaty rights at all times for 5 years. Having PR would mean there is no need to exercise treaty rights again to live in the UK (subject to Brexit which ends EU laws) . PR would mean that you don't have to be exercising treaty rights (such as working) to sponsor your husband to the UK.

If you want to list your time in the UK, we can see if you have already got PR automatically under EU law. Dates you arrived, how you were exercising treaty rights during that time, dates you left the UK and how long for. If you have PR, you could then apply for your DCPR and use that to sponsor your husand.

The problem you will have is Brexit.
- If you already have PR and apply for British citizenship so that you can live in the UK, then you can no longer sponsor a family member under EU law as you are British. You would need to use UK law to sponser him for a visa.
- Your husband will need to be in the UK for at least 5 years under EU law to get PR and EU law will end with Brexit. The UK has also spoken of a cut off date for those arriving in the UK under EU, but won't say what that date is. He will have to see what, if any, transitional protection he may be given.
- if you didn't have PR and left the UK for 6 months or more: or had PR but left the UK for more than two years: then you would have only started exercising your EU treaty rights when you recently moved to the UK and started work. Meaning you too would have to wait to see what transitional protection is being offered.