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My wife is an EU citizen and I applied for a EU spousal permit to live / work in the UK.

The office that handles the receiving of documents advised that I wouldn't need to submit my wife's EU passport with the application (I don't know why).

The ECO declined the application for lack of proof of my wife's nationality.

The refusal letter gives details on how to appeal, but it is an extremely lengthy process.

Can I not just re-apply for the visa and supply the correct documents?

Additionally, will the refusal stay on on my name so that I have to declare it every time I visit the UK? (where it says "have you ever been declined a visa?")

  • You might be over-thinking your final question. If it's as simple a question as "have you ever been declined a visa", then, barring the invention of time travel, that question should have a simple answer. Shouldn't need to stress about that. – Dan Getz May 15 '15 at 13:54
  • You're probably quite right about that. It shouldn't really affect any subsequent visa applications. – darronz May 20 '15 at 9:14
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You can re-apply immediately. The next time any authority gives you advice that is so obviously counter-intuitive, get it in writing. I reccomend that you send the refusal letter for this application along with the rest of your documentation and include a covering letter explaining that you were advised that you did not need to send a passport and who advised you. Yes, you will have to state that you were denied a visa from now on.

You would probably win an appeal, but as you said, it can be a lengthy process. That win though would probably mean that you would be able to answer the visa-refused answer with 'no', though I'm not totally certain on that and it would be best to get written confirmation of that from the HCO.

  • Thanks, I have done as you suggested and re-applied. If they grant my visa I'll accept your answer as the correct one. – darronz May 20 '15 at 9:19
  • So did you get your visa? :) – ouflak Jun 17 '15 at 7:41
  • I wouldn't think you would win an appeal - since the passport wasn't there (admittedly because of bad advice) the decision was most likely correct. – gnasher729 Jan 20 '17 at 22:45
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"...so that I have to declare it every time I visit the UK?..."

Strictly speaking no, you do not have to declare a prior refusal every time you visit. Every time you visit you will have to fill out a landing card, and there's no questions on the landing card about prior refusals.

"...where it says "have you ever been declined a visa?"...'

On the other hand, you will have to declare a prior refusal to receive an EEA Family Permit because they ask for it in Section 6 of the application.

6.3 Have you ever been refused a visa for any country, including the UK? Put a cross (x) in the relevant box

The permit allows for multiple visits over the course of 6 months. Once you receive the permit, questions about your history are finished until the permit expires. Even if you visit 100+ times!

So you will only need to declare it once every 6 months regardless of how many times you visit. You can reduce it further be getting a UK Residence Card. When, and if, you ultimately qualify for permanent residence, you will not need visas any more and hence no need for family permit applications.

You can see the current landing cards at https://www.google.com/search?q=uk+landing+card&es_sm=122&tbm=isch&tbo=u&source=univ&sa=X&ei=ma1WVeKTG-Oz7gbq9oAo&ved=0CB0QsAQ&biw=1444&bih=798

For your other question about whether to appeal or submit a fresh application... I would submit a fresh application because I doubt an appeal would even reach the hearing stage. If your passport was not submitted, the Home Office have a defensible position and will tell the Tribunal that a fresh application can be made free of charge and you are just trying to 'clear your name' by introducing new evidence that was not available when they made the decision. And if the judge overrules and wants to schedule a hearing anyway, the Home Office will fight it every step of the way and further appeal any adverse decisions. All of that will take a long time, and you may not even win.

  • I totally agree with your point about contesting the refusal through the tribunal even though they ask for additional information in establishing the case. It is unlikely they would change their mind given the information the based their initial refusal on. – darronz May 20 '15 at 9:17
  • As my question was primarily about whether I can re-apply for the visa immediately I'll accept the answer from ouflak if the visa gets accepted. – darronz May 20 '15 at 9:23

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