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Hello all,

A family would like to visit the uk. The husband is an EU (non-uk) national, wife visa national, marriage registered, and they have an EU child. Form VAF5 was used but EEA Family Permit refused because the husband not in the UK (thou they would travel together as stated in the application/decision). I thought he would have initial right of residence (3 months) and that was sufficient to obtain her entry clearance. Are there new changes or is there something wrong?

Exact decision wording:
"You have applied to accompany your husband … an EEA national to the UK. However I note that your husband resides and is employed in the UAE. Therefore he is not exercising his treaty rights in the UK. You currently do not meet the criteria for this visa" (ie EEA Family Permit)

Your insight is much appreciated - many thanks in advance
 
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