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You will need some proof of financial dependency on you/husband.tiscenkom wrote:Hi! I was hoping to get help here, will be much appreciated. I am originally from Latvia (part of EU), have lived and worked in UK for 3 years. My husband is from Ukraine and he has been in UK for 4 years.
I have submitted a visa application for his parents - my mother and father in law, because I have never met them and we don't have a chance to go to Ukraine now as I have just given birth to our daughter. We have received a Refusal of EEA family permit. The reason was that the Officer is not satisfied that they are dependent on the EEA national. I haven't stated that they depend on us, I simply noted that we will pay for their travel and other expenses and that they will not need to pay for the accommodation as we have a big house.
Is it true that independent parents cannot get a visa to come and visit their children and their first granddaughter in UK?!
It also says in the letter that we have a right to appeal under regulation 29 and 30. What do I need to write in the section Grounds of your appeal in the AIT 2 form? What other documents should I include? Is there a chance for them to get the Permit after appeal?
Thank you so much in advance!
Margarita
Am a bit confused here. Did you apply for a VISITOR visa or otherwise?tiscenkom wrote:Hi! I was hoping to get help here, will be much appreciated. I am originally from Latvia (part of EU), have lived and worked in UK for 3 years. My husband is from Ukraine and he has been in UK for 4 years.
I have submitted a visa application for his parents - my mother and father in law, because I have never met them and we don't have a chance to go to Ukraine now as I have just given birth to our daughter. We have received a Refusal of EEA family permit. The reason was that the Officer is not satisfied that they are dependent on the EEA national. I haven't stated that they depend on us, I simply noted that we will pay for their travel and other expenses and that they will not need to pay for the accommodation as we have a big house.
Is it true that independent parents cannot get a visa to come and visit their children and their first granddaughter in UK?!
It also says in the letter that we have a right to appeal under regulation 29 and 30. What do I need to write in the section Grounds of your appeal in the AIT 2 form? What other documents should I include? Is there a chance for them to get the Permit after appeal?
Thank you so much in advance!
Margarita
Ukraine isn't part of EU and isn't likely to be!kkk01 wrote:Am a bit confused here. Did you apply for a VISITOR visa or otherwise?tiscenkom wrote:Hi! I was hoping to get help here, will be much appreciated. I am originally from Latvia (part of EU), have lived and worked in UK for 3 years. My husband is from Ukraine and he has been in UK for 4 years.
I have submitted a visa application for his parents - my mother and father in law, because I have never met them and we don't have a chance to go to Ukraine now as I have just given birth to our daughter. We have received a Refusal of EEA family permit. The reason was that the Officer is not satisfied that they are dependent on the EEA national. I haven't stated that they depend on us, I simply noted that we will pay for their travel and other expenses and that they will not need to pay for the accommodation as we have a big house.
Is it true that independent parents cannot get a visa to come and visit their children and their first granddaughter in UK?!
It also says in the letter that we have a right to appeal under regulation 29 and 30. What do I need to write in the section Grounds of your appeal in the AIT 2 form? What other documents should I include? Is there a chance for them to get the Permit after appeal?
Thank you so much in advance!
Margarita
Going by what you said, seemingly they're just coming for a visit of not more than 90 days, right?
Much as Am aware, Ukraine is part of EU hence their nationals do not require a Visiting Visa (upto 90 days) for UK. I stand to be corrected tho.
I think the OP applied for wrong visa, should have applied for UK visit visa not EEA FP which is not applicable here since the OP's family are not dependants and not applying as dependants.TracyCK wrote:This is interesting to me as it appears that there is a gap in the Directive here. The Directive covers pretty much all Family Members between Articles 2 and 3, but I am unsure why it states that Ascendants need to be dependent to benefit, particularly when only for a short visit.
Given the spirit of the Directive, I am sure this is not meant for Parents or Grandparents to be denied visits to see their children and grandchildren and is probably only set up that way for Residency purposes?
The Commissions Guidelines for Better Implementation (link below) does not offer any real help with this particular issue although it does mention in para. 2.1.2 those family members in the direct relatives in the descending and ascending lines without mention of dependency and as though they are treated the same.
Unfortunately, I agree with you but I suspect that they should be able to apply for the EEA Family Permit without the need of dependency. However, any Member State wishing to make things difficult and get those extra fees (seems like pretty much all of them) is going to follow this one to the letter until when or if it is clarified.Wanderer wrote:I think the OP applied for wrong visa, should have applied for UK visit visa not EEA FP which is not applicable here since the OP's family are not dependants and not applying as dependants.TracyCK wrote:This is interesting to me as it appears that there is a gap in the Directive here. The Directive covers pretty much all Family Members between Articles 2 and 3, but I am unsure why it states that Ascendants need to be dependent to benefit, particularly when only for a short visit.
Given the spirit of the Directive, I am sure this is not meant for Parents or Grandparents to be denied visits to see their children and grandchildren and is probably only set up that way for Residency purposes?
The Commissions Guidelines for Better Implementation (link below) does not offer any real help with this particular issue although it does mention in para. 2.1.2 those family members in the direct relatives in the descending and ascending lines without mention of dependency and as though they are treated the same.
Extended Family Members need to be dependant that's fundamental, otherwise the entire family would be here!TracyCK wrote:Unfortunately, I agree with you but I suspect that they should be able to apply for the EEA Family Permit without the need of dependency. However, any Member State wishing to make things difficult and get those extra fees (seems like pretty much all of them) is going to follow this one to the letter until when or if it is clarified. :?Wanderer wrote:I think the OP applied for wrong visa, should have applied for UK visit visa not EEA FP which is not applicable here since the OP's family are not dependants and not applying as dependants.TracyCK wrote:This is interesting to me as it appears that there is a gap in the Directive here. The Directive covers pretty much all Family Members between Articles 2 and 3, but I am unsure why it states that Ascendants need to be dependent to benefit, particularly when only for a short visit.
Given the spirit of the Directive, I am sure this is not meant for Parents or Grandparents to be denied visits to see their children and grandchildren and is probably only set up that way for Residency purposes?
The Commissions Guidelines for Better Implementation (link below) does not offer any real help with this particular issue although it does mention in para. 2.1.2 those family members in the direct relatives in the descending and ascending lines without mention of dependency and as though they are treated the same.
In Junior's case, both his Mother and his brother were not only dependent on him, of which he had evidence, but were also members of the same household, so they were both covered by EU Law.eldane wrote:The following family members fall within the scope of eligibility for family reunification with an EU national who has exercised his/her right of free movement in another EU/EEA Member State:
In fact the list surprises me and I am wondering how Junior was blessed by all of us in http://www.immigrationboards.com/viewtopic.php?t=45402 using the above method in getting his mother and brother over to Germany under EU law.
- * Spouse
* Registered partner
* Regular cohabitant over 18 years of age
* Direct descendants under 21 years of age (i.e. children, grandchildren, etc.) of the Danish national or of his/her spouse/registered partner/regular cohabitant
* Direct descendants over 21 years of age (i.e. children, grandchildren, etc.) of the Danish national or of his/her spouse/registered partner/regular cohabitant if the descendants are dependent on the Danish national or on his/her spouse/registered partner/regular cohabitant
* Relatives in the ascending line (i.e. parents, grandparents, etc.) of the Danish national or of his/her spouse/registered partner/regular cohabitant if the relatives are dependent on the Danish national or on his/her spouse/registered partner/regular cohabitant
* Other family members (e.g. siblings, cousins, etc.) if they are dependent on the Danish national or are living under his/her roof in the country they come from
* Other family members (e.g. siblings, cousins, etc.) if it is strictly required for serious health reasons that the Danish national provides personal care of the family members
Yes, I think that they should have done. I forgot to pick up my beating stick and bang the drum on that one...eldane wrote: So should the ECO not have advised the in-laws to apply for a regular family visitors visa instead of just fobbing them off?
OP - I think that eldane has outlined the basis of a good appeal for you here. You can establish the family link and by their own guidlines, there really isn't reason to refuse the Permit. I haven't done a lot of research into dependent family members and am not dealing with the UK, but it makes sense to me.Now, the OP is asking what she should put in the appeal form for the grounds of appeal. I would put all the reasons you think as well as referring to European human rights art. 12 as well as to EUN02 - EEA Family Permits and that you are not in violation of any of the conditions laid out in the section below hence you do not see any reason for the EEA permit being rejected:
Where the applicant can show that he/ she is the extended family member of an EEA national, the ECO may issue an EEA family permit if in all circumstances, it appears to the ECO appropriate to issue the EEA family permit. Therefore, an EEA family permit may be refused:
* where refusing the family member would not deter the EEA national from exercising his/her Treaty rights or would not create an effective obstacle to the exercise of Treaty rights;
* if the applicant would have been refused entry to the UK on general grounds for refusal had they been applying for entry under the Immigration Rules;
* maintenance and accommodation requirements aren’t met eg. the non-EEA national’s admittance would result in recourse to public funds.
You could also bluff a little telling that disallowing your family visiting you is deter the EEA national (i.e you) from exercising your Treaty rights as your spouse can not accept living in the UK if his parents and grand parents of common child can't be part of yur and your child's up-growing hence you will be forced to move from the UK hence you can't exercise your EU rights.