EEA family permit refusal after expiring one

[Obie]

I more or less repeated what Obie wrote.

Your links are helpful indeed vinny. I just think they should use a bit more common sense.

[vinny]

I just think they should use a bit more common sense.

Yes, indeed.

[Obie]

In Bali similar issue arose, where a person was required to be a qualified person before the 3 months period.

The issues here are different from Bali, but the tribunal will be bound to answer the question in the affirmative aswell.

http://www.bailii.org/uk/cases/UKUT/IAC ... 0_iac.html

[amro2012]

Thanks vinny and obie,

Is it correct if i will states in my declaration letter

i .....EEA national who resides in UK under European law as (qualified person) holder of EEA permanent residence declare that my father will join me in the UK.

Do i need to mention either qualified person or holder of permanant residence or its correct as above written?

According to EEA REGULATION 6,7,15 following documents enclose
- EEA national birth certificate and passport
- certified copy of PR
-father passport
- proofs of dependency.



Then on separate extra information i will copy what vinny mentioned about regulation 15.

Is that clear and correct please advise.

Regards

[vinny]

Given the ECOs’ flawed EEA Family Permit Guidance, it’s probably simpler to show that you are also a qualified person.

However, request that they correct their EEA Family Permit Guidance to be consistent with the EEA Regulations and in-line with their other Guidance, to prevent ECOs from repeating this embarrassing mistake.

[amro2012]

Hi obie,vinny

Could you please help me to get answer regarding qualified person and doing part time.

If am doing part time work with permanent contract , AmI in this case qualified person?

Is there any problem when i wants to sponsor dependant father and having low income.

Regards

[vinny]

See also Part time working, low earnings, employment and self employment in EU law.

However, emphasise that the immportant point is that a person with PR doesn't need to be a qualified person. Their EEA Family Permit Guidance was flawed.

Perhaps it may be better to appeal and ask a Judge to instruct the UKVI to correct their EEA family Permit Guidance?

[amro2012]

Thanks vinny,

I do agree with you and i will not submit anything regarding my employment as i mentioned in the declaration letter that i resides in UK in accordance with section 15 of EEA Regulations 2016.

I noticed they mentioned in EUN2.4 wrote

In assessing an application from EEA national extended family member, the ECO should consider whether:

1- the EEA national is residing in the UK in accordance with EEA Regulations as qualified person ( exercising treaty rights if more than 3 months or Has permanant right of residence.

However they didn't mentioned permanent residence when assessing application for direct family member....

How does it come...for sure there is mistakes here?

[amro2012]

Is it possible to sue the ECO and ask for damage while submitting an appeal.they are forcing me to appeal and caused me lots of distress regarding an issue which has been resolved previously by tribunal.

All the best

[amro2012]

hi all,

just to update on my situation

I submitted new application with evidence from European regulations that holder of permanent resident doesnt need to proof that he is qualified person .

today received refusal that I did not provide any evidence that am qualified person, ex payslips and employer letter, bank statement ignoring again PR.

they accepted my father dependency and he is my father. Which was reasons of refusal on previous application


please advise , I can submit letter from my employer which is no problem.

what I should do now , it better to appeal submitting letter from employer or do again third application but they might refuse it again.

help please

[amro2012]

any help will be useful

I stated all regulations as advised by obie ad vinny however ECO ignored it

regards

[vinny]

The refusal was probably due to the flawed guidance.

It’s also irrational to refuse a person’s initial right of residence when he has an extended right of residence under

(2) A person (“P”) who is a family member of a qualified person residing in the United Kingdom under paragraph (1) or of an EEA national with a right of permanent residence under regulation 15 is entitled to remain in the United Kingdom for so long as P remains the family member of that person or EEA national.

[amro2012]

Thanks vinny,

I will go for appeal and I will submit an employer reference letter even I know it's not required. As am sure if I reapply again they will never change their decision.

Any help on preparing the grounds of appeal?

Currently am doing only reduced hours 20 hours per week due to being carer of my daughter, shall I submit reference letter and DWP letter that am carer or it's better No?
As part time employee is considered as qualified person under European regulations. I just don't want my father waiting for one year till will court hearing he is 70 years old??

Regards

[vinny]

Any help on preparing the grounds of appeal?

The ECO’s Guidance was flawed. The ECO failed to interpret the Regulations logically.

[amro2012]

Thanks vinny, I do agree with you however I don't know how to convince them without goingto the tribunal its tge second time to appeal and will be long waiting and they know that.

Very tired and upset...

[amro2012]

Any advise here
I did submitted online appeal can I resubmit new application of EEA family permit in meantime?

Regards

[vinny]

Yes.

[amro2012]

Thanks vinny

Hope I can get refund of appeal fees if application accepted.
Am on part time job hope it will be ok to consider as qualified person??

[vinny]

See also Part time working, low earnings, employment and self employment in EU law.

EEA nationals qualified persons.

[amro2012]

Thanks vinny for very useful information