EEA family permit refusal - How to satisfy officer with my circumstances [closed]

EEA family permit refusal - How to satisfy officer with my circumstances [closed] - Dreamy female employee relaxing with feet on table in office

I am Pakistani Resident and my Brother is an EEA with pre settled status in UK. I applied for EEA Family Permit along with my Family (my wife and two sons) and got a refusal. Although i did provided my brother's birth certificate. The decision in the letter states below:

The Decision

You have advised your EEA sponsor is a Dutch national. You have supplied a Dutch passport as evidence.

NOTICE OF IMMIGRATION DECISION In compliance with the Immigration (Notices) Regulations 2003 made under section 105 of the Nationality, Immigration and Asylum Act 2002 REFUSAL OF EEA FAMILY PERMIT

  • On your application you state that your sponsor has resided in the UK since 15 August 2017 and that you are financially dependent on them. As evidence of this you have provided various money transfer remittance receipts from your sponsor to you, however, it is noted
    that these transfers are dated immediately prior to your application
    (within the last 4 months). Unfortunately, this limited amount of
    evidence in isolation does not prove that you are financially
    dependent on your sponsor. I would expect to see substantial evidence of this over a prolonged period, considering the length of time your
    sponsor has been resident in the United Kingdom.
  • You have advised your family has only recently became dependent on your EEA sponsor due to a loss of income. We would not consider this
    as a dependent as this is a recent and possible temporary situation.
  • In addition to money transfer receipts, this office would also expect to see evidence which fully details yours and your family’s circumstances. Your income, expenditure and evidence of your
    financial position which would prove that without the financial
    support of your sponsor your essential living needs could not be met.
  • As evidence of your relationship with your sponsor you have provided a NDARA family registration certificate. Such documents are not accepted as proof of relationship as they are produced based on information given by the applicant. Therefore I am not satisfied that you have provided sufficient documentary evidence to support your stated claim that your sponsor is your brother as claimed. The department would expect to see your birth certificates for you and your sponsor to establish this relationship.
  • On the evidence submitted in support of your application and on the balance of probability I am not satisfied you are dependent on your
    sponsor. I am therefore not satisfied that you are an extended family member in accordance with Regulation 8(2) of the Immigration
    (European Economic Area) Regulations 2016.

I therefore refuse your EEA Family Permit application because I am not satisfied that you meet all of the requirements of regulation 12 (see ECGs EUN2.23) of the Immigration (European Economic Area) Regulations 2016.

I did provided an Official Government Document detailing about my family tree, although i didn't provided my birth certificate. Now my question is how do i provide evidence about me and my family's circumstances, as stated above about my income and expenditure, as i have lost my job and i am totally dependent on my brother.



Best Answer

The first two paragraphs of the refusal notice cover the key point: UK immigration does not consider that a short period of unemployment necessarily implies financial dependence. There is a world of difference between that and your brother just helping out.

For that reason alone another application in the near future is unlikely to be successful.

There is no indication here of how long a period of unemployment would be required. Indeed, no such guideline may exist: your circumstances will be considered as a whole, which brings us to the third paragraph.

You have failed to document your financial circumstances in sufficent detail. The officer expects to see a detailed breakdown of your financial commitments including, but not limited to, rent or mortgage payments, other debt repayments, regular expenditure on everyday needs (groceries, clothes, etc.) and any other commitments, along with details of any other income you might have. Without this he cannot fully assess the degree of dependence and another application is likely to fail without it.

Lastly, the document showing your relationship with your brother is not accepted by UK immigration. You should include both your birth certificates in a future application.




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Can EEA Family Permit be refused?

In some cases, an EEA Family Permit application can be refused. In these cases, you may have the right to appeal to an independent tribunal if you believe you disagree with the Home Office decision. The cut-off point for most EEA applications was 31 December 2020.

How long after a UK visa refusal Can I reapply?

You can make a fresh application addressing the grounds of refusal with the submission of new evidence and fee. There is no time limit for making a fresh application. So, you can reapply any time after your UK visa refusal.

How long does EEA Family Permit appeal?

The processing times will vary depending on where the application for an EEA family permit is submitted. Standard processing times are up to 6 months. Most application are however decided in 1-3 months.

Can I still apply for EEA Family Permit after Brexit?

You can no longer apply for an EEA family permit. If you already have an EEA family permit, it stopped being valid after 30 June 2021. If you applied for an EEA family permit before 30 June 2021, you will get a decision on your application as soon as possible.



How to appeal EEA Family Permit | EEA Visa Refusal and Appeal Process | UK EEA visa Rejected Refuse




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