I am a New Zealand citizen with residency in Canada. I have been with my EEA National Partner for theee years in a durable relationship.
Unfortunately my EEA Family was just denied. They stated:
• You state that your sponsor _____________ is residing in Vancouver with yourself and is a Swedish national. You have failed to provide evidence of his identity or his nationality. I am therefore not satisfied that you are the unmarried partner of an EEA National.
• To evidence of your relationship with your sponsor you have submitted joint tenancy agreements, joint financial commitments and vast selection of photographs taken in different locations with different people so whilst your application falls for refusal on the grounds of no sponsor ID I am satisfied that you are in a durable relationship akin to marriage in accordance with regulation 8 of the Immigration (EEA) Regulations 2016.
• In view of your failure to provide sufficient satisfactory evidence, I am not satisfied that you are the unmarried partner of an EEA National in accordance with Regulation 6 of the immigration (EEA) Regulations 2016.
• I therefore refuse your EEA Family Permit application because I am not satisfied that you meet all of the requirements of regulation 12 of the Immigration (EEA) Regulations 2016.
• Your application does not attract the right of appeal under regulation 36 (2) of the Immigration (EEA) Regulations 2016 as you have failed to supply any evidence of your sponsors identity.
Unfortunately, when we sent of the paperwork we had had an awful day. I realized I filled out my form wrong, had two meetings with biometrics due to this and had to photocopy a wealth of evidence. When we got home we realized the copy of my my partners passport had fallen out in to my bag and was not included in the application! Although it did have his birth certificate.
He has now left for the UK, and spooked I am still in New Zealand (I am a permanent resident of Canada but have flown home to NZ for three months to prepare to move to the UK with my partner).
- As a New Zealand citizen, technically I can enter the UK for 6 months as a visitor. However, now I have been denied my EEA Family Permit, will this affect my right to enter?
- I know as the unmarried partner of an EEA National, I legally am not required to even obtain a EEA Family Permit to join him in the UK, however, a friend advised me to. Do you recommend I simply go on my booked flight as planned, with all of my evidence and a copy of his passport I failed to put inside and present my case at the border with all evidence and the previous letter? My partner will meet me at the airport anyway.
- Is there a way to quickly appeal this decision? They state I have no right to appeal, but combing the forums, it says I have ‘a limited right to appeal’. How do I go about appealing? Do I simply resubmit a new form? I was told this would likely be denied if I didn’t follow the correct procedure, but after dozens of phone calls and much question asking, no one has given me a direct answer as to what the “correct” procedure is.