EFM residence card refused

[secret.simon]

To the best of my knowledge, the extension is not automatic, but must be applied for by email.

Also see ***COVID-19*** - Tier 2, Tier 4 & Tier 5 Update.

You guys are exert and i was expecting a fair analysis from you.

None of us are experts. I'm fairly certain that almost none of us are lawyers, for instance. I certainly am not, even though I can google and read primary legislation.

We are people on a public forum who have all undergone some immigration journey and are sharing our experiences. Some of us have observed and learnt from past cases. And we try to pass on such experience.

We try to prepare you for the hardship of the path ahead. We give you a worst-possible case view, so that you can prepare yourself accordingly and are prepared for the curveballs that the Home Office can throw.

[Blacksea28]

but also that you were dependent on your uncle for meeting your basic needs, is fairly important.

That point is essential. Just to help you understand it, my brother gets about £10000/year money transfers from my uncle who is an EEA national.

The reasons for these payments is that my uncle is building a house in his home country. As he travels only once a year, my brother manages the building of the house. So every week or so, he drives there, pays the masons, pays the suppliers... etc. They are also having a side business together around computers and things like that.

Can my brother use money receipts to demonstrate a dependency to his uncle? Probably not.

Just money transfers taken in isolation don't tell a lot about your actual financial situation and dependency status.

What is stronger than Western Union receipts is documents from hospitals, schools, rental... showing you as beneficiary/client but the bill is addressed and paid by your sponsor. This is something much harder for the Home Office to question.

I think your brother would use money receipts to demonstrate a dependency to his uncle with annual/regular 10K gbp suport, of course without exposing the fact you did mention.

[Mansi143]

Thanks for your guidance.
I arrived in the UK on 2nd October 2018 and my Uncle moved to the UK on 1st July 2019.
Home Office stated that I wasn’t entered in the UK at the same time when my uncle arrived. So my purpose wasn’t to join him. Is that a valid point?

[Mansi143]

For regulation 8(2) the person must be:
• the relative of the EEA national
• residing in a country other than the UK
• dependent upon the EEA national or a member of their household
• accompanying or joining the EEA national in the UK, or has joined the EEA national in the UK and continues to be dependent upon them or a member of their household.

This regulation doesn’t clearly state about the applicants who are switching from Tier 4 or Tier 2.

[Mansi143]

This is what regulation 8(2) reveals.

To meet the requirements of regulation 8(2), the extended family member must have been living in a country other than the UK and be dependent upon the EEA national or have been a member of their household and either:
• is accompanying the EEA national or wishes to join them in the UK
• has joined the EEA national in the UK and continues to be dependent upon
them or a member of their household.

The applicant does not need to be dependent on the EEA national to meet all or most of their essential needs. For example, an applicant is considered dependent if they received a pension which covers half of their essential needs and money from their EEA national sponsor which covers the other half.