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Parent of EEA National's Spouse Refused Family Permit - Help Needed!

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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BIG Dobby
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Parent of EEA National's Spouse Refused Family Permit - Help Needed!

Post by BIG Dobby » Sun Aug 27, 2017 7:20 am

Apologies Obie, CR001 n Casa for the mistake. The truth is that This is my first time of creating a threat... I have always used people's thread n you can confirm this!

Anyway, see below

Direct Family Member assessed as Extended Family Member

1. Regulation 8 was applied by ECO instead of Regulation 7

2. Regulation 8 allows for extensive examination of personal circumstances

3. Application was refused probably the ECO didnt know the meaning of mother-in-law

4. She was given right of Appeal, which shouldnt have been the case as per Regulation 8

Any help will be greatly appreciated. I tried so hard to get the scan into shape

BIG Dobby
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Re: Parent of EEA National's Spouse Refused Family Permit - Help Needed!

Post by BIG Dobby » Sun Aug 27, 2017 7:21 am

The last copy

BIG Dobby
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Re: Parent of EEA National's Spouse Refused Family Permit - Help Needed!

Post by BIG Dobby » Sun Aug 27, 2017 8:05 am

Supporting Doc. from EEA National/Spouse

1. Residence cert., Spanish ID & passport
. Residence card/Nigerian passport

2. Marriage cert., spouse's birth cert & one marriage Photo

3. Nine months payslips, contracts of employment and self-employment registration from HMRC

4. Tenancy agreement, council tax, national insurance

5. Bank Statement (3 months only as bank could not do 6 months) and 3 money transfers (they started June last year but could not keep hold of their receipt until they realised they were doing it wrong). ECO claimed it was only one evidence.

6. Letter of introduction from the EEA national/spouse

7. List of supporting documents

8. Online application form (hard copy)


Supporting Doc. from EEA national's spouse's parent

1. Seven months bank statement

2. Nigerian passport

3. Tenancy agreement/one-year house rent receipt/various shopping receipts

4. Letter from her physician/ophthamologist

5. Pension ID showing her earnings bbelow £36/month & a letter from the state stating non-payment of pension since 2015.

6. Husbands death cert/ 2x passport photos

7. records of payment of carer as per her age (79 years)

8. Her letter to British High Commission



When I was told they were bringing her, I asked them question only to discover they were not doing it right as per financial remittances. they were sending money via other unconventional sources from June 2016 to Dec 2016. From January to March 2017 they were using Western Union but lost the receipts when they moved house. It is only from April that they started keeping their transfer receipts.

Please how many months does one need to send money to qualify for EEA Family Permit

Doublestarxx
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Re: Parent of EEA National's Spouse Refused Family Permit - Help Needed!

Post by Doublestarxx » Sun Aug 27, 2017 8:27 am

Big dobby

I had similar issues years back when I did for my mom. Though I spotted my own issue right f on when they sent COA for my mom, they treated her as extended family. I immediately followed it up with complaints and more complaints after the 1st response I got was unsatisfactory. See link for my post years back
eea-route-applications/eea-misinterpret ... 42758.html.

Also make sure your birth certificate is the full one showing the name of your mom on the birth certificate.
Like me I used a sworn affidavit from local government authority from Nigeria obtained by my other to attest she was my mom.

BIG Dobby
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Re: Parent of EEA National's Spouse Refused Family Permit - Help Needed!

Post by BIG Dobby » Sun Aug 27, 2017 10:28 am

Doublestarxx wrote:
Sun Aug 27, 2017 8:27 am
Big dobby

I had similar issues years back when I did for my mom. Though I spotted my own issue right f on when they sent COA for my mom, they treated her as extended family. I immediately followed it up with complaints and more complaints after the 1st response I got was unsatisfactory. See link for my post years back
eea-route-applications/eea-misinterpret ... 42758.html.

Also make sure your birth certificate is the full one showing the name of your mom on the birth certificate.
Like me I used a sworn affidavit from local government authority from Nigeria obtained by my other to attest she was my mom.
Thanks dear.

1. What was your mum's circumstances i.e. Was she a pensioner etc

2. How many money transfers should suffice for this kind of application?

3. Was she refused for Family Permit in Nigeria, if not, what should we do not to get another refusal

4. what was her budget and did you include it in your letter

5. Did u use a solicitor?

Thanks in anticipation

Doublestarxx
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Re: Parent of EEA National's Spouse Refused Family Permit - Help Needed!

Post by Doublestarxx » Sun Aug 27, 2017 2:15 pm

Hi big dobby
1. She is retired
2. It varies, no set amount. On the application for my mom (note my wife is the eea member), we only had 2 transfer for money transfer for my mom. The rest where from my account in Nigeria to hers. I had like over 10 transactions on the bank account which I highlighted on the bank statement. I had previously been supporting by monthly allowance beginning of the month. Also I had miscellaneous transfers to her for other purposes. Also note the transaction doesn't have to be from the eea member only as the regulation says dependent on the eea OR his or her spouse. Though it will make the case stronger if there is supporting transaction from eea member or both.
3. She came here first by visitor visa before I decided it's easier supporting her if she is here, so I applied for then EEA2.
4. I didn't have a budget. What makes our case straight forward as well was my mom had no other source of income. So most credits in her acccount was from me. There is no set amount just substantial amount to support her BASIC NEEDS(feeding, clothing and housing). Money I sent was mainly for feeding and clothing cos I have a house back in Nigeria so no rent.
5. No solicitor- it's straight forward if you have the required document.

Also when I applied I attached utility bill showing that she is living with me showing she is member of our household. Like I said she came with visitor's visa and I called my electricity provider and added her name to the bill.

Good luck

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Re: Parent of EEA National's Spouse Refused Family Permit - Help Needed!

Post by Obie » Sun Aug 27, 2017 2:27 pm

BIG Dobby wrote:
Sun Aug 27, 2017 7:20 am
Apologies Obie, CR001 n Casa for the mistake. The truth is that This is my first time of creating a threat... I have always used people's thread n you can confirm this!
I was the one that created the old thread, and removed it from the other one you had tagged into.
Smooth seas do not make skilful sailors

BIG Dobby
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Posts: 148
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Re: Parent of EEA National's Spouse Refused Family Permit - Help Needed!

Post by BIG Dobby » Sun Aug 27, 2017 7:27 pm

Doublestarxx wrote:
Sun Aug 27, 2017 2:15 pm
Hi big dobby
1. She is retired
2. It varies, no set amount. On the application for my mom (note my wife is the eea member), we only had 2 transfer for money transfer for my mom. The rest where from my account in Nigeria to hers. I had like over 10 transactions on the bank account which I highlighted on the bank statement. I had previously been supporting by monthly allowance beginning of the month. Also I had miscellaneous transfers to her for other purposes. Also note the transaction doesn't have to be from the eea member only as the regulation says dependent on the eea OR his or her spouse. Though it will make the case stronger if there is supporting transaction from eea member or both.
3. She came here first by visitor visa before I decided it's easier supporting her if she is here, so I applied for then EEA2.
4. I didn't have a budget. What makes our case straight forward as well was my mom had no other source of income. So most credits in her acccount was from me. There is no set amount just substantial amount to support her BASIC NEEDS(feeding, clothing and housing). Money I sent was mainly for feeding and clothing cos I have a house back in Nigeria so no rent.
5. No solicitor- it's straight forward if you have the required document.

Also when I applied I attached utility bill showing that she is living with me showing she is member of our household. Like I said she came with visitor's visa and I called my electricity provider and added her name to the bill.

Good luck
Thanks brother. That was really helpful

BIG Dobby
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Re: Parent of EEA National's Spouse Refused Family Permit - Help Needed!

Post by BIG Dobby » Sun Aug 27, 2017 7:40 pm

Obie wrote:
Sun Aug 27, 2017 2:27 pm
BIG Dobby wrote:
Sun Aug 27, 2017 7:20 am
Apologies Obie, CR001 n Casa for the mistake. The truth is that This is my first time of creating a threat... I have always used people's thread n you can confirm this!
I was the one that created the old thread, and removed it from the other one you had tagged into.
Ok, noted! Obie, CR001, Casa et al. do you have any suggestions.

Example, does the letter of invitation or introduction from EEA national need to have a breakdown of her budget or does the applicant need to write how she disposes (spends) her remittances from the EEA national.

secondly, they have 6 months evidence of money transfers from March 2017 to date and about 6 months unaccounted transfers (no receipt) from June 2016 to Feb 2017, though the applicant's account statement has a record of deposit in the EEA national's name on it.

Is it seemly to explain to HO why or just ignore them. Do you think it is worth re-applying as solicitors have said it is likely to be refused again as they have done the first time.

Finally, how many months bank statements would suffice 1. from EEA national 2, from the applicant

Pls your response will be greatly appreciated!

BIG Dobby
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Re: Parent of EEA National's Spouse Refused Family Permit - Help Needed!

Post by BIG Dobby » Sun Aug 27, 2017 10:55 pm

Reapplying where it is mentioned in the refusal that ' you stated your son is in the UK and daughter is in USA' do you think that will not mean another refusal?

Pls I need your candid opinions...

Thanks

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