EEA family permit for non eea fatrher rejected

[sinai]

Hi all,

i think i posted before the topic in wrong forum, sorry about that.

i have query i wish that anyone can advise me what i can do.
i am European citizen who living and working in UK since 2010, and also my wife and kids (non EEA )who joined me in 2012 by EEA family permit.

last month i applied to my father to get eea family permit, he is 66 years, widowed and living alone in flat with rent,he is retired with low income and i partially support him, by doing money transfers, and i have my bank account and i did for him delegation to do monthly withdraw to cover his living cost. today i was told that his VISA is rejected?

i am waiting to have the reason of refusing....
but what better now to do appeal ?....if yes how i do it for him from UK as he is living in Egypt?
or i will apply for visit visa....and which type general visitor visa or family visit visa?

Regards

[dalebutt]

I know how difficult it is to handle refusal of loved one's visa, but you will need to exercise a bit of patience, get the details of the refusal, without that, it will be unwise to speculate and offer an opinion as to what actions you may take next.

[sinai]

hi, thanks for the reply and kind supporting words.

the new updates

i just got the refusal decision.
you have applied to join your son in the uk who is eea national and you are therefore required to demonstrate that you are wholly or mainly dependent on your son in the uk.
a evidence you have submitted a western union transfers that your sponsor has sent it to you.4 transfer most recent 17/10/2012. i have considered the bank statement submitted in your sponsor"s name and note that there are no transactions which could taken be financial remittance to you in Egypt and i am not satisfied , on the evidence provided that you are entirely or wholly financially dependent on your son in the uk.
i therefore not satisfied that you are a family member in accordance with the regulations 7 of the immigration regulation 2006

i therefore refuse the eea family permit application because i am not satisfied that you meet all of the requirements of regulations 12 of the immigration regulations 2006

MY EVIDENCE WAS the money transfers was till 2012 because after i did bank delegation for my father to withdraw monthly money from my Egyptian bank account in Egypt to cover his living cost
i provide the bank statement to show that my father monthly withdrawal from my bank account
i provide also the letter from the bank say that my father has delegation to withdraw from account
my father flat rent
my father is retired and his monthly pension not cover his living cost as he pays rent of the flat without utilities half of his pension plus his cost of living and medication plus he needs my care as he is living alone and i cant work and live between Egypt and UK my last visit was 2 years ago.

i appreciate any advise please

any help or advise please?
thanks

[dalebutt]

In the refusal notification, the ECO claimed the most recent Western Union transfer was dated 17/10/2012, is this correct? If so why did you include a document which is about 2 years old as evidence of dependency? I suspect the refusal is probably down to improper packaging of the application. I think you should send them a reconsideration request and file an appeal as well.

[Obie]

I believe you may have to appeal and probably try applying again, and see which one come through first.

I do not where UKVI or Home Office derive this wholly or mainly dependent from .

In Lebon the test is provide support, so this wholly or mainly is really not in accordance with the law.

[sinai]

thanks for the prompt replies

i included the western transfers from 2012 because initially i was doing money transfer from uk to Egypt till that date then i see it costs me . so i had bank account in Egypt i decide to do bank delegation to my father to take the monthly money that he needs which he is doing since 2012 till today on regular monthly withdrawal and this can appear from the bank statement that i provided it with applications.

if ECO compare my father income (pension) and his monthly or living expenses it will be impossible to live without my financial help?

so please can anyone give me strong reasons to appeal supported by law to present it for the court?

and what the procedures of the appeal and how to apply for it as sponsor from uk?

thanks again for your help

[dalebutt]

Did you write a letter explaining the details in the application? Appeal takes time, it is better to reapply, ask for a reconsideration and appeal at the same time. See below link on instruction about submitting appeal.

https://www.justice.gov.uk/tribunals/im ... um/appeals . If you need anything further, do say, members would do the best they can to assist.

[sinai]

hi

yes there was an explanation letter with the application.

my question now do i have strong reason to appeal...?or the ECO is right in his decision?
i already sent reconsideration e-mail to the entry clearance officer and i hope that he will reply..

if i will reapply again is it better to apply as general visitor visa , family visitor visa OR i apply as EEA family permit again?

after how long i can reapply for the second time, or i can do it soon?

i honestly appreciate your comments

thanks

[dalebutt]

I believe the ECO is wrong in his decision, you have demonstrated that your father is in need of your support, the ECO says he or she isn't satisfied, because probably he has difficulty understanding the documents submitted. I note that the ECO says "there are no transactions which could taken be as financial remittance to you in Egypt", it appears to me that , there has been a contradiction in understanding the bank delegation document you submitted with the application. There is basis for appeal.

I suggest you get the help of an expert, you will need to be able to explain your case coherently. There are authorities to cite in respect of dependency, I shall look it up and send it to you later. More importantly though, I think you will need the help of an expert going forward.

[sinai]

thanks for your time to reply my topic.
I think also there is confusion in the understanding of the bank delegation.
for now I tried to explain it by the letter that I sent it by e-mail to visa section.
if I decided to reapply so I do it now ? and part of European regulation will support my opinion , does I need to support totally my father

[sinai]

new updates

I think there was confusion in the translation as the bank statement doesn't clarify the transactions made by my father by his access to my personal bank account.

can anyone please tell me which form I need to fill to clarify the situation in order to send a formal reconsideration to THE ECO the visa section Egypt.

or how the formal reconsideration letter should be?

thanks

[sinai]

hi all
can anyone please help me to write formal reconsideration letter direct to ECO in Egypt? do I need to send it by mail or post it ?

do I need to resend also my father passport with reconsideration if I will post it?

I really appreciate any help.

thanks

[Obie]

That involves legal work, centered around the particular circumstances of your fathers case.

Not sure anyone can assist with that.

[sinai]

thanks obie,
that's ok I will write it by myself.
can you please tell me the normal way to send the reconsideration letter?
thanks

[dalebutt]

You risk worsening the situation doing this alone, I do not think your English and understanding of the EU law is good enough to do this by yourself, I may be wrong, but that is my view. You should invest a bit of money, or look for a bro bono lawyer, who will be willing to assist you.

[sinai]

hi thanks for the response.
I will reapply again which I think is the best thing to do. but it ok if I apply now or there is time gap between the first and second application that need to pass before reapplying?

thanks

[dalebutt]

You can apply immediately.

[sinai]

thanks . so I will reapply and add the extra documents

[sinai]

can anyone correct my English please.

this is the letter that I will send it to the ECO with the new supported documents

I want to clarify that I am mainly financially dependent on my son. as my low income cant cover my essential life needs. so as a proof i provide new bank letter states that i am withdraw money from son account since 2012 by using the bank delegation of my son to me. bank statements for the last two years to show all the transaction that done by myself using the bank delegation which is taken to be financial remittance to me in Egypt.

can any one help me to correct it please

thanks

[dalebutt]

May God help you, you are risking complications, you may just be on the verge of fighting a year long battle, my advice again, get the help of an expert.

[sinai]

hi,
I will reapply, and I added new documents to address the reason of the refusal. I don't need any legal help. if anyone can just correct my English I will appreciate.

thanks

[dalebutt]

When you complete the draft, you may post it here and someone may assist you with it, I may also assist if I could.

[sinai]

hi,
here the form can I have to correct it o I need to add or delete anything. thanks




from:



to:......


I, xxxxxx, Italian Citizen,( NIN (xxxxx), Reside in the UK in accordance with the immigration (European Economic Area) Regulations 2006 as qualified person (exercising treaty rights).I pleased to declare that my father will joining me in the United Kingdom on 15th of november 2014, I giving my full sponsorship to my father and I will pay all the cost of his travel and living here in the UK , for which he will need to be issued with an EEA Family Permit.
Under European Community Law, EEA national may enter and live in the UK to exercise free movements right. Their non EEA family may also join the EEA national sponsor. According to the immigration (EEA) Regulations 2006 sections 12 and 13, the following documents are provided with the application:
Italian ID and Italian birth certificate (proof of EEA nationality)
Tax Calculation record (with my short and full name
Egyptian birth certificate (proof of my relationship to non EEA Family member)
My father birth certificate (proof he is family member of EEA national member)
My Mother death certificate
Bank statement+ the history of withdraw done by my father (proof of dependency)-
support to my father)
Western union transfer history- dependency of my father on me)
My father pension pay slips (proof of his income
Tenancy agreement for the flat where my father living alone.
contract and pay slips (proof that I exercise treaty right
additional documents and new evidence that my father is mainly financially dependent on me, bank statements for the last two years shows the transactions done by
father , from my personal account using the bank delegation

bank letter states that my father make monthly withdrawal from my credit as financial remittance for him
Translations of the above documents have been included in addition to the originals.
I understand that under the immigration EEA Regulations 2006 section 13, my family member has an initial right of residence for a period of three months.

This is an application under EU law and I understand that it will be processed as soon as possible and on a priority basis.

with best regards

[dalebutt]

I, xxxxxx, Italian Citizen,( NIN (xxxxx), Reside in the UK in accordance with the immigration (European Economic Area) Regulations 2006 as qualified person (exercising treaty rights).I wish for my father to join me in the United Kingdom in accordance with the same, I am spoonsoring his application and I will be responsible for any associated cost to him living in the UK, including travel expenses.

Under European Community Law, EEA national may enter and live in the UK to exercise free movements right. Their non EEA family may also join the EEA national sponsor.

I understand that, for my father to be issued with a family permit in accordance with the EEA regulation 2006, he must demonstrate that I, the EEA national resides in the United Kingdom in accordance with the regulation and that he is a beneficiary as well as he being wholly or mainly dependent on me, I have below provided an explanation of the documnents submitted in support of this application.

Italian ID and Italian birth certificate (proof of EEA nationality)

Tax Calculation record (with my short and full name

Egyptian birth certificate (proof of my relationship to non EEA Family member)

My father birth certificate (proof he is family member of EEA national member)

My Mother death certificate

Bank statement which shows the history of withdrawal made by my father from my account(proof of dependency)-
support to my father)

Western union transfer history (proof of dependency on me)

My father pension pay slips (proof of his income to prove he cannot make a living solely on his income)

Tenancy agreement for the flat where my father lives alone)

contract and pay slips (proof that I exercise treaty right)

I have attached additional documents and new evidence which shows that my father is mainly, financially dependent on me, attached is bank statement that shows, that for the last two years my father has made withdrawal from my personal bank account using a method called bank delegation, this service is provided by my (Egyptian bank name)

Bank letter confirming that my father make monthly withdrawal from my personal account as financial remittance to him

Translations of the above documents have been included in addition to the originals.

I now hope that this application will be dealth with forthwith, in light of the previous refusal, probably due to insufficient understanding of the supporting documents.

Allow me to thank you in advance for your flexibility on the matter.


with best regards

[sinai]

thank very much dalebutt for your time and your help. I really appreciate