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Well, looks like you shot yourselves in the foot here. Why did you state she was no longer dependent? That's why she got refused.
Actually the refusal reason is pretty straightforward (not saying the whole thing is necessarily fair or transparent at first, but the decision is straightforward).
In other words, because she is over 21, she needs to be dependent on her EEA sponsor. Only... as per her own words, she isn't.Child aged 21 or over
Where they are aged 21 or over, the applicant must be the direct descendant of the relevant EEA citizen (or qualifying British citizen) or of their spouse or civil partner, and this includes a grandchild or great-grandchild, and (unless the applicant was previously granted limited leave to enter or remain under Appendix EU, or its equivalent in the Islands, as a child under the age of 21) the applicant must be dependent on the relevant EEA citizen (or qualifying British citizen) or on that spouse or civil partner. ‘Dependent’ means that, as demonstrated by relevant financial, medical or other documentary evidence:
• having regard to their financial and social conditions, or health, the applicant cannot, or for the relevant period could not, meet their essential living needs (in whole or in part) without the financial or other material support of the relevant EEA citizen (or qualifying British citizen) or of the spouse or civil partner
• such support is, or was, being provided to the applicant by the relevant EEA citizen (or qualifying British citizen) or by the spouse or civil partner
• there is no need to determine the reasons for that dependence or for the recourse to that support
The above means that not only she needs to be dependent, she also needs to prove it.Where the applicant was not previously granted limited leave to enter or remain under Appendix EU, or its equivalent in the Islands, as a child, they must also provide evidence which satisfies you that the applicant is (or for the relevant period was) dependent on the relevant EEA citizen (or qualifying British citizen) or on the spouse or civil partner. This evidence might take the form of for example:
• evidence of their financial dependency, such as bank statements or money transfers to the applicant from the relevant EEA citizen (or qualifying British citizen) or the spouse or civil partner
• evidence that the applicant needs and receives (or for the relevant period did so) the personal care of the relevant EEA citizen (or qualifying British citizen), or of their spouse or civil partner, on serious health grounds, such as a letter from a hospital consultant
Two things:inczei wrote: ↑Fri Nov 06, 2020 1:21 pmJust looking for a solution and found this:
https://www.gov.uk/apply-for-a-uk-resid ... ligibility
In the section of extended family members:
"- a relative of the EEA national (or of their spouse or civil partner) but you do not qualify as their family member"
and
"As well as being a relative of the EEA national, one of the following must be true:
- before coming to the UK you were dependent on the EEA national, or were a member of the EEA national’s household, and you’re still dependent on them or are still a member of their household
- you need the personal care of the EEA national (or of their spouse or civil partner) on serious health grounds
Extended family members must have a valid EEA permit or residence card to stay in the UK."
As she is relative, but not qualified as direct family member (because stated as independent), but still live in the same household, and still have an EEA residence card. I hope this way can work.
inczei wrote: ↑Fri Nov 06, 2020 3:16 pmShe is still holds a valid EEA Residence Card, and just tried to apply for Settled Status.
Just my experience when I changed from residence to permanent residence, no question asked.
Thank you for your comment. We will submit the Settled Status application again.
Difficult one and I understand. Has there been any money transfers between accounts to show on statements? I would also say even living under your roof and you being the bill payer proves dependency in a way but how EUSS team would look at this is another matter.