EEA FM Transfer visa

[ecogle]

Dear All,

I am EEA national, in 2013 I have applied a EEA FP for my mother in law and got a FP in A4 sheet. She is a heart patient, everytime she travels she has to go lots of hurdles. I am thinking of transfering her visa in to her passport. Meanwhile in 2014 I got my PR as well. Whats the procedure now to apply for visa for her in passport. Still I need to send all the documents which i have initially sent?
Plase advise me.
regards

[ecogle]

Dear All,

I am EEA national, in 2013 I have applied a EEA FP for my mother in law and got a FP in A4 sheet. She is a heart patient, every time she travels she has to go lots of hurdles. I am thinking of transferring her visa in to her passport. Meanwhile in 2014 I got my PR as well. Still I need to show that I am exercising treaty rights to support my Mother in law, Or simply we can apply for the residence permit along with my passport and PR document. Still I need to send all the documents which i have initially sent?
Please advise me.

[ecogle]

Dear Gurus,
I am preparing the documents, please help me.

[vinny]

Not sure if there is a requirement to transfer. Carrying both FP letter and passport may suffice, if both are still valid.

[ecogle]

Hi,
Thanks for the reply, what about the treaty , still I need to prove I am exercising Treaty rights?
regards

[vinny]

Probably no need, unless applying for a new EEA family permit or residence card, when previous one has expired or been lost.

[ecogle1976]

Dear Gurus,

My mother in law was issued residence card in A4 sheet as dependent family member based on me on 2013. She had lost her visa and subsequently we applied for residence permit again in May 2016, moreover A4 visa gives her problem whenever she travel to and from UK. Meanwhile she found her residence permit and left to her home country for holiday. Today we have received refusal letter stating she has failed to prove that she is genuinely dependent on me (EEA member). So I am going to explain what I they have said in refusal letter below.

1.My question, still she having valid residence card in A4 sheet which valid untl 2018, she can come back to UK using that Or based on latest refusal automatically previous residence permit has been cancelled?

Reasons for refusal:
1. A proof to satisfy that she is depended on me financially, I have given bank statments (Joint accounts) but Unfortunately the bank has printed only my husband name on it, I had separate dispute with bank on it.
We use to pay council tax through that bank statement, home office says my name was not in that statement.

2. we have submitted severnt trent water bill which in the name of my self , husband and applicant, but home office says its only the proof that we have registered with that company , but no proof that sponsor is meeting that bills.

3. They need some proof for govt bodies like NHS or local authority in case if she is living with me in my household. And also they need to see a evidence of sponsor meeting those bills, as I said in earlier point, its mistake by myself, I overlooked the statement where my name was not included.

5. We submitted the council tax bills for last 6 years, home office replied there were no entry in applicants name in council tax bills and they raised the question whey she is not registered? I have't think about it. As we are paying full council tax every month.

I cant go for appeal as she is in abroad for next few months. Please advise me she has make fresh eea family permit in abroad to come here or she can use the A4 visa to enter.

regards
Ecogle

[noajthan]

The RC may be revoked, for example, a border guard may revoke it on sight or an immigration official may revoke it.
Don't forget a RC is not a visa; it is not necessarily valid for 5 years just because it is dated for '5 years'.
Circumstances may have changed.

On the other hand, dependency is a grey area after the dependent has entered the host country (UK).
For example, the dependent is not prevented from becoming employed or otherwise becoming less dependent on their sponsor.

To maintain continuity of residence, assuming its not been lost already, MIL should not stay outside UK for more than 6 months in first instance.

It also sounds like you could have done more to help yourselves by maintaining a papertrail of dependency and/or evidence of membership of household.
It doesn't pay to just hope for the best and take these things for granted.

Suggest seek out appropriate legal advice.

[ecogle1976]

Hi noajthan,

Thanks for your reply. So do you advise me to apply for a fresh FP in abroad in first instance. She also getting pension credits, and medical help from NHS. Please let me know how can I solve this.

regards

[noajthan]

Hi noajthan,

Thanks for your reply. So do you advise me to apply for a fresh FP in abroad in first instance. She also getting pension credits, and medical help from NHS. Please let me know how can I solve this.

regards

Well it's a can of worms.
Noone knows the status of that original RC.
If you apply for a FP and that is also refused then it's time for a Plan B (relocation to home country).

The reliance on UK benefits rather than sponsors (you) only seems to complicate the matter for someone who is (presumably) not economically active.

Suggest you enlist appropriate qualified and experienced legal representation.

[ecogle1976]

Is it any way we can make an appeal while she was in abroad?

[noajthan]

Is it any way we can make an appeal while she was in abroad?

Does refusal grant any appeal rights?

And on what grounds would you appeal?

[Obie]

Please continue in this thread, or it least with this user details.

http://www.immigrationboards.com/eea-ro ... l#p1349558

It is unacceptable and impermissible to have multiple user names.

Please state which account you wish to have closed.

[noajthan]

Posts merged.

[Obie]

One of the accounts need's to be close also. Merging is not sufficient. OP must decide which of the accounts he wish to close.

[ecogle1976]

Please close ecogle, I will use the ecogle1976. I am not able to retrieve the pw for ecogle.

[noajthan]

Please close ecogle, I will use the ecogle1976. I am not able to retrieve the pw for ecogle.

See http://www.immigrationboards.com/commen ... l#p1431571

[Obie]

Please close ecogle, I will use the ecogle1976. I am not able to retrieve the pw for ecogle.

Well it appears that one of my colleague has bit me to it.

User Ecogle is no longer in existence, but posts are retained.

[ecogle1976]

Hi,

I today I have contact the EEA contact centre and explained the situation, they have said she can use the existing residence card to enter because its valid until 2018. Second time I called to same centre this time they said I need to contact UK Visa immigration service. Is it any way I can send consideration or to raise the query about the status of existing residence permit valid until 2018.

Many Thanks

[ecogle1976]

Hi,

I am so confused to go further with my Mothers residence permit, as per my previous emails, she is in home country but she is having residence permit valid till 2018. I would like to ask you few things as below

1. What will happen if I make an appeal, and using her residence permit can she come back to UK without problem?

2. After making an appeal, is it OK to apply for Family permit in abroad to avoid unnecessary troubles in UK border.

3.In appeal process, Can I submit a new evidences to challenge the decision, ex. In refusal they have said we have provided Utility bills but no evidence that Sponsor meeting those expenses.In that scenario can I submit bank statements showing direct debits from the sponsor?

Your reply will be much appreciate, as I got only few days to do the appeal, I need to act fast.
Many Thanks

[noajthan]

...

1. What will happen if I make an appeal, and using her residence permit can she come back to UK without problem?

2. After making an appeal, is it OK to apply for Family permit in abroad to avoid unnecessary troubles in UK border.

3.In appeal process, Can I submit a new evidences to challenge the decision, ex. In refusal they have said we have provided Utility bills but no evidence that Sponsor meeting those expenses.In that scenario can I submit bank statements showing direct debits from the sponsor?

Your reply will be much appreciate, as I got only few days to do the appeal, I need to act fast.
Many Thanks

Its so unusual probably noone can say.

1) Appeals take a long time.

2) Unknown,

3) New material may not be looked at.

[ecogle1976]

...

1. What will happen if I make an appeal, and using her residence permit can she come back to UK without problem?

2. After making an appeal, is it OK to apply for Family permit in abroad to avoid unnecessary troubles in UK border.

3.In appeal process, Can I submit a new evidences to challenge the decision, ex. In refusal they have said we have provided Utility bills but no evidence that Sponsor meeting those expenses.In that scenario can I submit bank statements showing direct debits from the sponsor?

Your reply will be much appreciate, as I got only few days to do the appeal, I need to act fast.
Many Thanks

Its so unusual probably noone can say.

1) Appeals take a long time.

2) Unknown,

3) New material may not be looked at.

Thanks noajthan

I know its an unusual situation, but help me to come over it.

1.first thing while refusing the application, applicant was in abroad. As you said appeals take a long time but if she come back with her existing visa, the appeal might support to explain in case if they dispute the residence permit valid till 2018?

2.During the appealing period, she can stay in UK?

3. What are all the chances to get the FP in abroad after residence permit refused in UK, the fresh application have its own merits? or can we explain the covering letter stating that we have made earlier application without submitting proper evidences as stated in refusal letter.

Please tell me the options to proceed. Even regarding the appeal, I have consulted few firms which charge nearly 2500 Pounds.

In worst scenario I need to make appeal on my own, I know its not easy thing but I need all your guidance to do that.

[noajthan]

Thanks noajthan

I know its an unusual situation, but help me to come over it.

1.first thing while refusing the application, applicant was in abroad. As you said appeals take a long time but if she come back with her existing visa, the appeal might support to explain in case if they dispute the residence permit valid till 2018?

2.During the appealing period, she can stay in UK?

3. What are all the chances to get the FP in abroad after residence permit refused in UK, the fresh application have its own merits? or can we explain the covering letter stating that we have made earlier application without submitting proper evidences as stated in refusal letter.

Please tell me the options to proceed. Even regarding the appeal, I have consulted few firms which charge nearly 2500 Pounds.

In worst scenario I need to make appeal on my own, I know its not easy thing but I need all your guidance to do that.

I do not know the answers, I have not been in that unfortunate position; you now appear to be 'flying without instruments'.
Its hard to see how anyone can say for sure what will happen; even paying £2500 is unlikely to get a rock-solid answer with cast-iron guarantee of success.

The important thing is surely to get MIL back to UK.
If it was me I would apply for another FP.
Then sort out the remaining legal stuff, appeals, fresh applications etc etc once MIL is safely back (assuming the FP route worked).

[ecogle1976]

Thanks mate,

just wanna ask, the appealing process will restrict to make fresh application as per legal view?

[noajthan]

Thanks mate,

just wanna ask, the appealing process will restrict to make fresh application as per legal view?

My understanding is that type of rule applies on UK domestic route but not on EU route.