UK Immigration Law
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Thank you for your question.
I am sorry to hear of your difficulties in obtaining an EEA family permit for your wife.
Before I can suggest a strategy for dealing with this problem, I need you to confirm some facts for me.
When does your wife's temporary residence in Hungary expire?
Was the application for an EEA family permit submitted to the British Embassy in Hungary?
Are you able to show proof that you physically met your wife before you got married? Have you visited her in Hungary since getting married in August? These facts can be used to support your application.
I look forward to your response.
Thank you very much for your reply.
My wife's temporary residence in Hungary will expire at 05th Aug 2016.
The application was submitted to the British Embassy in Hungary.
I visited her in Bangkok in February this year. Actually, we have plenty of pictures taken in Bangkok, in Vienna, in Budapest and with various family members.
I do not know how long an appeal takes. I do not want to wait too much; I have plenty of other things to do.
For a new application, the embassy retained all documents. I do not want to run around spending time and money again.
In the first instance, I would suggest that you send copies of the pictures to the British Embassy in Hungary and ask them to reconsider their decision.
Asking for a reconsideration should not cost you money, since EEA family permits are supposed to be issued free of charge.
If that does not resolve your issue, you should contact Your Europe Advice so they can issue a legal assessment that you can then send to the British Embassy.
If this does not resolve the issue, Your Europe Advice can refer you to SOLVIT, the EU's problem solving network. The Hungarian centre will then make contact with the UK centre to try resolve the issue and get the family permit issued. Hopefully this should resolve the problem.
If this still does not resolve the issue, you should resubmit a new application to the British Embassy (which should be free of charge) and then appeal any refusal to issue a family permit to your wife. An appeal usually takes 6 months.
I can send you the links to Your Europe Advice if you wish.
I hope this answers your question.
Thank you very much for your advice.
My wife got two options at the emabssy. She either appeals or applies again.
Is it usual and accepted that an embassy is asked for reconsideration? Even if the applications are sent from Budapest to Warsaw (Poland) for decision and even if we do not attach all documents mentioned?
Should I write them a supporting letter stating my case?
I rather leave the UK than wait 6 months.
Based on what you have just said. I would suggest that she reapply and include copies of the photographs that you mentioned earlier. You may also want to include statements from the persons who attended your wedding. I think it is also a good idea to include a letter to explain your situation, but keep it brief.
How can we retrieve documents of the first application?
They kept our certificate of marriage and my payslips as well.
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