Obie wrote:I am not sure I said anything contrary to above , did I ?

Indeed not Obie!

Though I thought referring to the decision makers guidance would assist the OP in challenging the refusal

Current decision makers guide reads - Meaning of “dependent” 072901 An Upper Tribunal Judge has analysed the European Union case law on the meaning of “dependent” in this context. He summarised that case law(1) as finding that(2) 1. a person is only dependent who actually receives support from anoth...

Living in the household of the family member equates to satisfying dependency as I recall from a social security commissioners decision

If the ECM does the correct job on review you should get a decision on Regulation 7. In some circumstances a reapplication could be a further option, but if your wife's grandfather is so unwell it would be difficult perhaps for him to attend again to submit a further application....?

It should be as no decision has been given upon the application as submitted, rather you got a decision in respect of an extended family member, if they want to refuse the justification should be based on the correct category of application. But as you have experienced, the quality of decision makin...

No mistake in my view, a deliberate attempt to frustrate, I have seen the extended family member refusal grounds used in too many direct family member applications for it not to be a deliberate step designed to obstruct Treaty rights.

I would have thought if she lives with you in your household she would benefit from derived rights consequent from your PR. Have a read at the case of Pedro, may be of assistance to you - http://www.bailii.org/ew/cases/EWCA/Civ/2009/1358.html

Get her to apply for a permanent residence certificate to make things easier when you apply, if she has PR, as long as she has not left the UK for over 2 years she retains PR and no longer requires to prove she is a qualified person.

So having FP wouldnt help with setting up life in the UK from day one? Like entitlement to NHS, finding a job, renting a house, etc? I would suggest that it would be easier with a family permit in respect of satisfying employers, G.P. surgery staff and the NINO application requirements, I would ass...

Irish nationals are automatically classed as 'settled' on arrival in the UK. Obtaining or maintaining ILR is of no relevance to an Irish national in the UK.

You are named on the birth certificate as the child's father?

Well done, solicitor's advice turned out to be spot on!

Thank you so much, I really appreciate your help. The Border Force operations manual is coming 9 years old. Hardly up to date I would say! Does that mean I can't rely on it? If they ask me what I will be doing in the UK, should I just refuse to answer or tell them that I will be working there. In t...

The online EEA Family Permit application is a shoddy piece of work! The Border Force operations manual is coming 9 years old. Hardly up to date I would say! Regulation 13 of the EEA Regs is what you should quote, 3 months intial right of residence, no need to exercise treaty rights within that perio...

paullight wrote:personal statements from friends (they said these are not acceptable).

They will be very useful evidence at a hearing, take steps to secure the attendance at the hearing of the friends who wrote them.

I'd consider doing both, as you may get a positive outcome from the fresh application before you get a hearing date thus having a chance to avoid the stress of an appeal hearing.

Yes you can make another application, may well be wise.. At present you may struggle to win an appeal if you are a job seeker for more than six months, if at the time of the appeal you are a job seeker for less than six months that should be sufficient to succeed as the judge should be looking at th...

Can't see it doing any harm, as you have seen often need to lead them by the nose! They should of course be aware of their own correspondence and its meaning, but again who knows, decision making low standards becoming the norm!

Many successes and no failures (that I am aware of) with option 2, the Home Office are going to increase the cost of renunciation soon so if you do it now it will only cost £144

I am non EU - 28 years old married to a Latvian national and living in the UK. I arrived to the UK 2010 to study a Masters course in Marketing Management on a Student Visa (based points scheme). I finished my course then applied on a 2 years Post-Study work migrant visa then moved on a 5 years perm...

I don't she why your status stops her from making a claim to benefit, you have been here more than three months anyway I believe. Either she makes a single or joint claim, they can processs joint claims manually if you have no NINO, but often they appear to be 'lazy' and avoid the manual claim optio...

Guys please help? I would write to remind them to process the application as submitted (and fee paid),i.e as a direct family member in the ascending line, of course if they make a decision refusing the direct family member application they are free to look at a possible extended family member case....

I am a spouse of an Eu-National and soon going to apply for residence card of 5 years. Which form should i use now? https://www.gov.uk/government/publications/apply-for-a-registration-certificate-or-residence-card-for-a-family-member-form-eea-fm or https://www.gov.uk/government/publications/applica...

Hi Zoopla, I hope the attchement would help, please note this was purely based on my parents personal circumstances where HO refused our initial application on the fact that case worker took into account that my parents (non-EEA national) falls under extended family member and not direct family mem...

Hello, I think it might be better for you to apply for EEA3 (even though you do not need this). When your application is successful, it is easier for you to fill the EEA4 as you can skip section 7 entirely and just submit your PR card. For the record, I was in the same position. We applied EEA3 for...