Chapter 5 - Residence Card Applications - UK Border Agency ...

Refusal if the non-EEA does not qualify on the basis that the EEA national has
died:
Regulation 10 (3) (a) (i) of EEA Regulations 2006
� ECD.3126 is the appropriate refusal template.
Wording:
You have applied for a Residence Card as confirmation that you retain a right of
residence on the basis that you are the family member of an EEA national who has
died. However, you do not qualify on this basis.
Your application has also been considered under Article 8 of the Human Rights Act.
After careful consideration of your case we are satisfied that this decision does not
represent a breach of Article 8 of your human rights.
Refusal for a non-EEA child under the age of 21 if the non-EEA child was not
attending an education course in the U.K.
Regulation 10 (3) (b) of the EEA Regulations 2006
� ECD.3126 is the appropriate refusal template.
Wording:
You have applied for a Residence Card as confirmation that you retain a right of
residence on the basis that you are established in education in the United Kingdom.
However, you were not attending an education course in the United Kingdom when
you ceased to be the family member of a qualified person. You therefore do not
qualify on this basis.
Your application has also been considered under Article 8 of the Human Rights Act.
After careful consideration of your case we are satisfied that this decision does not
represent a breach of Article 8 of your human rights.
Refuse Residence Card - Public Policy, Public Health or Public Security:
Regulation 20 (1) of EEA Regulations 2006.
� ECD.3126 is the appropriate refusal template.
Wording:
You have applied for a Residence Card as confirmation that you retain a right of
residence. However, you would pose a threat to the requirements of public policy if
allowed to remain in the United Kingdom.
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