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My wife is a British Citizen and I am South African and have been living and working (permanent placements) in Ireland for roughly 2 years.

My wife was asked about an internal move within her organisation that would also require us to move the UK. We started the EEA Family Permit process and provided everything the checklist indicated. A week ago we received our 'notice of immigration decision' where it was indicated that our application has been refused on the below points:

  1. You state that your wife Kelly is residing in Ireland with you and is a British national. You have provided no evidence that she currently holds a British passport.

    • her British passport was sent along with mine when the application was submitted. Could it have been overlooked simply because it was not part of the documents that were scanned in and sent immediately while our passports were sent separately via the VAC?

  2. You have failed to provide evidence that your EEA national family member is a qualified person in accordance with Regulation 6 of the Immigration (European Economic Area) Regulations 2016. I am, therefore, not satisfied that your EEA national family member is residing in the UK in accordance with the Immigration (European Economic Area) Regulations 2016

    • when one reads Regulation 6 of the EEA Immigration Regulations 2016, specifically 6(6) "Condition B is that the person provides evidence of seeking employment and having a genuine chance of being engaged." it should be clear that when having a signed letter from a senior HR Administrator within her company that confirms the process of an internal transfer to the London office for continuing her permanent employment that the second point for refusal should then also be an error

We have been granted right to appeal but are unsure of the above. We would like to ask for assistance in deciding if we are to continue with the appeal or start a new application?

Many thanks in advance, Ryan

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    Apparently visa processing companies are notorious for failing to include all of the documents submitted with the application. Because your wife does not reside in the UK, there's no requirement for her to be a qualified person (and, in fact, she cannot possibly be qualified). But for the first 90 days, the right of freedom of movement does not depend on the EEA national being qualified, so the second point is made in error. You should therefore be successful on appeal. You may also want to submit a concurrent second application, since the application is free of charge.
    – phoog
    Mar 14, 2017 at 19:13

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