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Good that you are reapplying!Olak wrote:I decided to make another application pending the appeal,that why I was wondering on the application form,there's a part for sponsorship,do we need to fill it,and yes my husband has being working for more than a year now.
My wife previous application for an eea family permit was unlawfully refused.
The ECO stated that she is not wholly or mainly financially dependent on me her spouse, and if she is, that it is a dependency of necessity rather than choice, and that there is no bank transfer or funds from me.
According to both Directive 2004/38/EC and the eea regulation 2006, there is no requirement that a spouse must be dependent on the eea national. In fact internal home office guidance explicitly says exactly the opposite. It even highlights the word “IMPORTANT” in the guidance.
https://www.gov.uk/government/publicati ... ly-members is clear:To correct the UKVI error of the previous refusal, my wife is making yet another eea family permit and submitting all the necessary documents. Please issue the EEA Family Permit as soon as possible, and on the basis of an accelerated process, as you are required to by law.Important: If the applicant is the spouse or civil partner of the EEA national or a dependent child of either the EEA national or their spouse or civil partner is under 21 then they do not need to provide evidence of financial dependency and therefore this should not be requested from the applicant.
Should you not fully understand the requirements, please do not again unlawfully refuse the application, as it will interfere with my ability to exercise my free movement rights as an EU citizen. Instead please consult a qualified ECM and consult with the European Operational Policy team at EuropeanOperational@UKBA.gsi.gov.uk
Thanking you for your anticipated speedy resolution of this application.
I have advised you to appeal. You are knocking your head against a brick wall in applying, as the refusals seems to be a deliberate attempt to refuse you for no reason.Olak wrote:Yes I provided a cover letter when I made the application, and yes there were payslips and p60,letter from my husbands employer,when they called me for the interview,the lady that I spoke with just told me to bring additional evidence of my husbands workplace like payslip and I took November and December along with me, and am surprised as to why she said I didn't submit additional documents,everything I submitted was listed in the cover letter