EEA Nationals: What to Do If Your Application is Refused? In my last several videos I’ve given you a detailed overview of the applications forms, which EEA nationals and their family members should use when making their applications for an application for a document confirming a right of entry or residence in the UK.
I’ve explained to you that there are generally 6 different types of applications forms, which must use when submitting their application:
- Family permit (this is the only application form, which you can use when outside of the UK);
- Registration Certificate as a Qualified Person;
- Residence Card or a Registration Certificate as a Direct Family Member of a Qualified Person;
- Registration Certificate or a Residence Card as an Extended Family Member of a Qualified Person;
- Derivative Residence Cards;
- And Permanent Residence Applications as a EEA national or a family member of an EEA national.
We’ve also established that all extended family should make their applications to prove their right to reside in the UK. This is particularly important when making your Permanent Residence Application. This is in view of the fact that without a registration certificate or a residence card the UKVI will not even accept your Permanent Residence Application!
Specified Application Forms
I’ve also explained that after February 2017 you should submit all your applications on the specified application form, with all relevant sections completed. Also, for the applications to be valid, you must pay the fee and submit the application with the necessary documents.
The decision maker is most likely to refuse an application if it is incomplete. For this reason, please make sure to complete all relevant sections of the application form. Especially if you failed to complete ‘the payment details (and payment of the fee), ‘applicant’s details’, ‘applicant declaration’, ‘biometric information for non-EEA nationals’ and/or ‘sponsor’s details’, ‘sponsor’s declaration’ or ‘family members included in the application’ sections.
Rejection of Invalid applications
The UKVI is likely to reject the application as invalid where you failed to pay the correct fee or failed to pay at all together. Your application may also be rejected if you completed the incorrect form or no form has been submitted. There will be a negative outcome of the application if you failed to provide the ID and/or complete the biometric sections (where relevant). Also, when you failed to provide any evidence in support of your application.
From 18 March 2016, the Home Office can retain a £25 administration fee from in-country charged applications that are rejected as invalid. And all non-EEA national family members of EEA national must submit their biometrics.
What Can You Do If Your Application is Refused?
First of all Why Can Your Application be refused?
The rules say that the Secretary of State may refuse to issue, revoke or refuse to renew a registration certificate, a residence card, a document certifying permanent residence or a permanent residence card if the refusal or revocation is justified on grounds of public policy, public security or public health, or on grounds of misuse of rights.
EEA Nationals and Their Family Members: What Can you Do If Your Application is Refused?
There 4 Major Things You Can Do:
- Do nothing, which, if you found my channel and are watching this video, is, hopefully not an option for you.
- Have a look at the refusal letter. If there is a very simple, technical problem with the previous application, which you can easily correct yourself, then you can simply reapply. You’ll need to pay the fee again. Most importantly you should explain how this application is different from your previous application. For example, if the UKVI refused the application because you did not submit enough documents to confirm your 5 years of residence in the UK, but you are submitting it with this application, then say so in your new application.
- You can also apply for a reconsideration of your case. What is reconsideration? In simple terms, this is a request to have a look at the decision again.
When is this appropriate?
This is normally appropriate where:
- The decision maker refused your application for the wrong reason. For example, if you applied for a residence card as a direct family member. However, in the refusal letter, they say it was refused because you have not provided them with documents to confirm that you are an extended family member. In these circurmances, you may get back to them and ask for a reconsideration on the basis that you have applied as a DIRECT family member and not as an EXTENDED family member.
- You can also ask for a reconsideration if the decision maker has not applied or has wrongly applied Home Office policy. For example, according to the UKVI’s guidance partners in a durable relationship should live together for at least 2 years. If, in the refusal letter, the decision maker suggests that you should have lived together for at least 4 years. In these circumstances, you can request a reconsideration. You should do this on the basis that the decision is not in line with the Home Office’s own guidance.
- Or if you they say that you have not provided them with the requested documents. However, you have proof that you actually did – then you can request reconsideration as well.
- Or, if the decision maker refused the application before considering very important documents. However, you have proof that you had dispatched to the Home Office before he refused that application.
- Another option would be to appeal against the decision.
When can you appeal?
You can appeal in most cases it’ll probably be easy if you I explain when you cannot appeal:
You cannot appeal if:
- There is no right of appeal against a decision by the Home Office to refuse a residence card to a person claiming to be an extended family member.
- If you an EEA national you cannot appeal without producing a valid ID or passport.
All appeal will normally go to the First-tier Tribunal.