Residence Card Approved

[CMoses]

Received our letter of approval today for my in-laws under EU Treaty Rights. Timeline as follows:
Application: 12/05/2009
Request more docs: 26/05/2009
Sent in docs: 28/05/2009
Refusal: 16/10/2009
Appeal: /10/2009
Request for evidence of dependency docs: 3/12/2009
Sent in letter pointing out descrepancies in their request: 7/12/2009
Sent in more evidence of dependency: 9/12/2009
Application for review successful 27/04/2010

It has been a long hard slog, but were prepared to go all the way. Now thankfully we can all get out of limbo and get on with our lives. Many thanks to this forum, which has been invaluable in keeping my spirits up!

[Ben]

Great news, CMoses.

Could I ask:

Sent in letter pointing out descrepancies in their request: 7/12/2009

What were the discrepancies that you pointed out in their request for evidence of dependency?

[CMoses]

DOJ asked the following: "Documentary evidence from the relevant authority in your country of origin (South Africa) or the contry from which you arrived in Ireland certifying that you are a dependent, or a member of the household of the EU Citizen, CMoses."

See below copied from my letter to DOJ:
"I refer to the above and to your letter dated 3 December 2009.
In relation to your request for evidence of xxxxx being a dependent family member of the EU Citizen, CMoses, I respond as follows in accordance with Schedule 11.7 of the Statutory Instrument S.I. No. 656 of 2006, European Communities (Free Movement of Persons) (No.2) Regulations 2006:
1. According to Statutory Instrument S.I. No. 656 of 2006, European Communities (Free Movement of Persons) (No.2) Regulations 2006, Under Regulation 2.1, xxxxxx fall under category of “Qualifying Family Memberâ€

[Ben]

Thanks CMoses.

However, I think the DoJ was actually correct on this occasion.

If the applicants fall under § 2.2(d) then:

the dependent direct relatives in the ascending line and those of the spouse or partner as
defined in point (b)

It would be appropriate, therefore, that evidence of dependency be provided if the applicants were the dependant parents of the spouse of the EEA national.

[CMoses]

Fair enough. I did find the proof of dependency very difficult, as we weren't sending money to them before they came here. So really just had to scrape all the paperwork I had and send it off. Good luck to all.