RFL06 - EEA family permits

This is internal guidance for use by entry clearance staff on the handling of refusals for visa applications made outside the United Kingdom (UK). It is a live document under constant review and is for information only.

RFL6.1 EEA Family permits - can 320(7A) and (7B) be applied?

If a non-EEA family member of an EEA national is applying for an EEA Family Permit under the Immigration (European Economic Area) Regulations 2006, they cannot be refused under Paragraph 320 of the Immigration Rules as their applications are not considered under the Rules (see EUN02 EEA Family permits for further guidance).

However, if they are applying under the Immigration Rules and not the EEA Regulations, for example, as a visitor, they can be refused under the general grounds covered in the section on General Grounds for Refusal (GGFR).