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malik0543 wrote:Dear Members
I have applied for my dependent brother as an extended family member of an EU National, i am exercising my EU treaty right in state, but INIS refused my brother application
its state as below.
it has been noted that you have provided limited documents showing the EU citizen transferred funds to you in 2010 and 2011. However, you have failed to submit satisfactory evidence of dependency on the EU citizen including dependency prior to residing in the state.
it has also been noted that you have provide documentation showing you previously reside at the same address as the EU citizen in the UK, however you have failed to satisfy submit evidence that you were a member of the EU citizen's household in compliance with the Regulations.
As such you have failed to submit satisfactory evidence that you are a family member of an EU Citizen in accordance with Regulation 2(1) of the Regulations as requested in our previous letter.
Previous Letter from INIS ( documents required)
For other family members:
• Original birth certificates or other evidence of relationship with the EU citizen
• Evidence of dependence on the EU citizen, including dependence prior to residing in the State AND/OR evidence of
membership of the EU citizen's household prior to residing in the State OR medical evidence, including a medical report from
a physician, hospital etc., that you require the personal care of the EU citizen for health reason
documents which were submitted
[*]Original Birth Certificate of Both ( EU citizen & Dependent)
[*]Bank statement from UK showing bank transfers into dependent account from an EU citizen account 2010 - 2011
[*]Bank statement ( Ireland) showing regular deposit money from EU citizen account to applicant account. [*]
[*]Utility bills in joint name ( EU citizen & Applicant)
[*]Other supporting documents which confirms the same address / same household member of the EU citizen. ( e.g. Voter register Card, Letter from different banks, credits card statements, motor tax letters, life insurance etc 2010, 2011, 2012, 2013.
I would be thankful if you please advice me how to manage this, they have given us 15 days to file review.
Thank you
Malik
Hey Malikmalik0543 wrote:HI
Just a quick update, i have applied for review in my brother case, and he got temp 6 months stamp, they required documents to prove that he is "Permitted Family Member" and evidence that EU National is exercising treaty rights in state e.g payslips etc
Also i contact with Solvit and got this reply from them.
I am responding to your complaint to SOLVIT about the decision of the Irish Authority to refuse to issue your brother with an EU residence card, on the basis of insufficient evidence of his entitlement.
In line with Article 3 of Directive 2004/38/EC, your brother does not have automatic rights as defined in Article 2 and it is therefore a matter for Ireland to consider, in line with their national legislation, whether the applicant meets their definition of ‘other family member’. We are not able to advise of how Ireland defines this relationship under its national legislation, but it would appear from the decision that has been issued that the problem involves a lack of evidence confirming that your brother was residing with you in the UK as a member of your household, rather than simply residing at the same address, and also before his arrival in the UK. SOLVIT is not able to demand that a residence card is issued where a decision refers to a lack of supporting evidence, or persuade an Authority that a citizen must be considered as eligible for EU rights. In line with the EU Visa Code, it is for the applicant to demonstrate the entitlement, through the supporting evidence. Your brother can make an appeal of the decision, or submit a new application with more evidence. You may also wish to seek advice on the Irish requirements, which are not defined at EU level in order that I can comment, in order that an appeal or new application is successful.
i am very much disappoint with this reply.
I would be grateful if someone could specially guide me what exact i need to send them ?
Thanks
malik0543 wrote:Hi Everyone
i was waiting for a decision as it was due in June but department send me letter that they are so busy and can not make decision now and they are extending the temporary stay for 4 months.
So don't know whats going on !!!