EEA Refused Urgent Help Needed

[Want2SUCCEED]

Goodmorning to all I applied for an EEA dependecy visa at the end of Jan 2010 the Home Office took more than 6 months to reach a decison and I believed only did so after my lawyer instructed me to contact my M.P.

It was refused on the grounds that
1. my brother in law is not qualifed.
- I sent his Dutch passport.
-wage slips, letter from employer n the form was stamped by his employer

2. that i failed to provide sufficient evidence i am an extend family member
- i sent them my birth certificate n my sister's and their marriage certificate

3. that i am dependent on him-i sent documents showing i am of the same household
although i do not yet hv the proof of financial dependency n that is where i will be callin banks to come up with something i am as God is my witness dependent on them but do not hv the documents.
I hv not been working the past year n i am not on benefits. they are also the ones that have been sponsoring me as an international student n the claim was never questioned then.

4. failed to provide i lived elsewhere or came with or after the EEA national
I was wondering if Bigia case is applicable there

I have until the 9th of september to lodge an appeal. my queries so far i may have more as I am not represented by anyone at the moment are

1. do i need a lawyer? i did not like the way the lawyer handled my case there were other factors the last one being she told me come on monday 3 days b4 d appeal is due n on the leter she mistyped deadline 2009 there hv been many mistakes like my bank statement etc.

2. What should I do now?
Thanks for reading

[Morpheo]

I would certainly want to know more about your case.

I am a bit puzzeld when the HO office says that you brother in law does not qualify? do they mean he is not qualified as someone excersising the treaty right or you don't qualify as his extended family?

You need to provide as much evidence for dependency as possible: bank statements...

I would suggest to attend the appeal however I will let someone with better knowledge or experience to reply.

M

[Want2SUCCEED]

Thank for replying.
They said that i failed to prove he is a qualified person.

also that i do not fall in the catergory of extended family member.

[Obie]

Sorry to hear about your situation.

All the basis for which your were rejected don't hold water, except for the fact you did not provide evidence that in the country from which you came, you were dependent on your sister or a member of her household, which she has primary authority over.

You could swear an affidavit of dependency, should they require documentary evidence which you are unable to provide.

Bigia does not really apply in this case, because the UK authority are not asking you to provide evidence that you were lawfully resident in another member state. However bigia, like the ECJ Juripundence, state that dependancy in the country from which the applicant came is a legal requirement.

Simply saying you are dependant in the household in the UK, will unfortunately not suffice for that purpose.

Finding a lawyer is a personal choice, but if you are not satisfied with your solicitor, then by all means sack him/ her.

The appeals form is not that complicated to fill, as your time is pretty short, however, you will need to get acquainted with the regulations and the caseworkers guidance.

[Want2SUCCEED]

Joy will come after this dark time. Thanks for the reply.
I will ask the new lawyer to assist us in preparing an affidavit. We should of not used a lawyer in the first place as it looked straight forward n the money could of been used now. anyways the past.........

my letter said:

You hv applied 4 a RC on the basis that you are an extended family member who has been dependent on ur EEA national sponsor/a dependent member of ur EEA national sponsor's household n continue to be so in Uk. ur application has been considered in accordance with Regulation 8(2) of the Immigration (EEA) Regualtions 2006. You have failed to however, to provide sufficient evidence to prove that you fall within the category of extended family member claimed. You have submitted bank statements for yourself that do not show you are financially dependant on your sponsor. You have failed to submit any evidece that you redided with your EEA national sponsor EEA national sponsor in another country before entereing the U.K. and you have failed to show that you entered the UK with, or shortly after your EEA national sponsor. Consequently, the Sectetary of State does not accept that you are a person who falls within Regualion 8(2). your application is not therefore an application by extended family member falling to be determined under Regulation 17(4) and is consequently refused.

You have failed to provide evidence that your EEA family member is a qualifed person.

My worry is the lawyer asked me to prove my addres n i sent 1 sheet of a bank statement for a certain yr. i wz suprised when i saw the wording n queried here she said we kinda said that. one i wz searchin 4 lawyers in Jan 2010 one mentioned the affidavit but this one did not. i would of prefered it if she said if i did not hv the evidence n asked me to search for it and provide it at a later date.
today i will check western union to see if they have the records unfortunately we did nt keep the records ourselves. n i am trying to look for tuition receipts to match it to withdrawals they made but time is flying i am afraid i will not be able to get them in time. how can he not be qualified? will the sworn statement do? now i worried tht we are not supposed to swear! wow oh well thank you guys

[Want2SUCCEED]

OH one more thing

1. I applied on January 29th 2010 for the EEA
2. C.O.A was dated 10 2010 February
3. My refusal letter was on 24th August 2010

thanks

[Morpheo]

Hi WANT2SUCCED

I am very intrested in your case as I am planning to apply for my sister who currently studying in the UK and is fully dependant on me not just finacially but also as a need.

please let us know with the progress of you application and I would appreicate if any hints and tips during the process as I am planning to apply around November

Thanks

M

[Want2SUCCEED]

no probs will be using Metock case n will lodge my appeal next wk will keep u guys posted

[Obie]

An affidavit is a statement of fact, submitted when you are not in a position to provide documentary evidence of fact. Hopefully you will be able to produce it and it will be accepted as sufficient evidence.

Please note that metock deals with prior lawful residence in another member state. The UKBA are not demanding that. They are purely requesting evidence you were a dependant on the EEA national or his/her spouse before and after you arrived in the UK.

That requirement is legitimate, and in no way contradict the metock judgement.

In anycase, i wish you every success with your appeal

[DFDS.]

Joy will come after this dark time. Thanks for the reply.
I will ask the new lawyer to assist us in preparing an affidavit. We should of not used a lawyer in the first place as it looked straight forward n the money could of been used now. anyways the past.........

my letter said:

You hv applied 4 a RC on the basis that you are an extended family member who has been dependent on ur EEA national sponsor/a dependent member of ur EEA national sponsor's household n continue to be so in Uk. ur application has been considered in accordance with Regulation 8(2) of the Immigration (EEA) Regualtions 2006. You have failed to however, to provide sufficient evidence to prove that you fall within the category of extended family member claimed. You have submitted bank statements for yourself that do not show you are financially dependant on your sponsor. You have failed to submit any evidece that you redided with your EEA national sponsor EEA national sponsor in another country before entereing the U.K. and you have failed to show that you entered the UK with, or shortly after your EEA national sponsor. Consequently, the Sectetary of State does not accept that you are a person who falls within Regualion 8(2). your application is not therefore an application by extended family member falling to be determined under Regulation 17(4) and is consequently refused.

You have failed to provide evidence that your EEA family member is a qualifed person.

My worry is the lawyer asked me to prove my addres n i sent 1 sheet of a bank statement for a certain yr. i wz suprised when i saw the wording n queried here she said we kinda said that. one i wz searchin 4 lawyers in Jan 2010 one mentioned the affidavit but this one did not. i would of prefered it if she said if i did not hv the evidence n asked me to search for it and provide it at a later date.
today i will check western union to see if they have the records unfortunately we did nt keep the records ourselves. n i am trying to look for tuition receipts to match it to withdrawals they made but time is flying i am afraid i will not be able to get them in time. how can he not be qualified? will the sworn statement do? now i worried tht we are not supposed to swear! wow oh well thank you guys

As an extended familly member, its very hard to have the kind of evidence they are requesting for at hand, as you are just a dependant. But as Obie suggests, that you check with the casework guide lines, you will realise that if you can prove that you were a member of house hold before comming to uk and still remains as a member of house once in the uk, there will be no dependancy test.

If you still fail there, sure try the affidavite!

[Want2SUCCEED]

oh how i wished i checked my mail properly because i went ahead with citing Metock in my appeal already I sent it out on the 9th.
Metock paragraph 59
Beoku-Betts
Chikwamba
Nhundu n Chiwera

Oh well i am still putting my evidence together n i am lookin for the times they made withdrawals to match the receipts from college n uni., western union I need to contact to see if they hv records of transcations and will defo do the affidavit as suggested by you kind people. my lawyer inculded the my medical history, family ties, church life n they were over the 6 mnths. i told her the mp has promised to write me a letter n she said it is not needed. i thought it would help...........so now i wait n any response i will post here. merci toute monne.

[chillydo]

1 more thing they may use is whether you came to the UK before your brother-in-law or you joined your brother-in-law here. . .

[Want2SUCCEED]

wow thanks
i came 3 yrs later 2 live here with them it is all in God's hands now. we hv to use wisdom to counter attack lol or else we perish if we do not hv the right knowledge i refuse to perish i want n need to succeed

[Want2SUCCEED]

Hi guys please help my lawyer wrote to the Tribunal to say she is no longer representing me. I promised to call her 3 days later to tell her when I would be able to bring £500 so she can book a barrister and I did not. so she wrote them without informing me first.

Can I represent myself or does anyone know a good representative? I would prefer legal aid as I have not worked for over a year n I am not on benefits either. thanks

[Obie]

You can certainly represent yourself, but make sure you are well prepared, and have all the necessary documentation, to show the judge that the secretary of state was wrong.

I believe you can succeed on your own, if you can speak good english, and respond to questions correctly.

[avjones]

Hi guys please help my lawyer wrote to the Tribunal to say she is no longer representing me. I promised to call her 3 days later to tell her when I would be able to bring £500 so she can book a barrister and I did not. so she wrote them without informing me first.

That's standard - you didn't phone, so she considered she was no longer instructed.

[Want2SUCCEED]

oh thanks I wished she told me tho because now i am left with representation.

[Want2SUCCEED]

Hi everyone I am not in the worst situation as I know there are many unfortunate, unhealthy humans in the world and I should be grateful for restored health but I know that I am capable of much more and so I continue to dream and strive for success.

After I was refused the EEA4 visa I went to court and this was my determination.

It states I have little evidence to establish the I am solely dependent on the EEA national.
I have not lived in another country in the household of the EEA national prior to my arrival.

In considering my article 8 rights the judge has considered my private and family life. My private life as demonstrated has been mainly on the basis of my student life and I would of known that my studentship would come to an end and it is not sufficiently significant to cause a breach of article 8.

I have not demonstrated that my relationship with my sister and brother in law is anymore that that might be between adults. In applying the Rasgar Principles, he does not in the first instance find that there is a family life to the extent that my removal would cause an interference, so as to cause the U.K. to be in breach of its' obligations to the European Convention of Human Rights.

R I Kanagaratnam

That was dated on the 15th of December 2010 and I received it 2 days later.
I could not afford a lawyer and I wrote to the upper tribunal myself apparently my letter was late but they still took my case. I was refused again I involved the MP the first time when they took too long with my papers and one time the Home Office wrote to the MP saying that I should be out of the country because they have not received an appeal from me when I did fax it to them (the one they said that was late) last year November 2011 i left the UK. I would like to return I was part of 5 ministries in the uk in my church and met many friends from college, work, church. my sister and her husband are very dear to me but the judge did not take that into account. What should I do now please, many thanks.

[Want2SUCCEED]

actual response of lawyer who only asked me and my brother in law our names and addresses.


the burden of proof is on the appellant and the standard of proof is on the balance of probbabilities. the appelant's claim arises unders section 82(1) of the nationality and immigration act 2002 and the circumstances at the date of the hearing are admissible. i have today heard the evidence of the appelant and her bro-in-law. i have also seen the documents in relation to the applelant's brother who is an eea national. on the basis of the evidence before me I am able to accept that the appellant is living wither her sister and her husband. I however bear in mind that extened family members would have to establish that they are genuinely dependent on the eea national or resident in another country with the EEA national sponsor on a dependent basis. the appellant is a thirty yr old adult who has beena student in the u.k. after having arrived here as a visitor. there is little evidence before me to establish that the appellant has been solely dependent on the eea national. the appellant has also not established that she has lived in another country in the household of the eea naional prior to her arrival in the u.k. for these reasons i find that the appelant does not satisy the requirements of the relevant regulations.

in considering the appellant's article 8 rights i consider the appellant's private and family life in the u.k. the appellant's life as demonstrated before me has been mainly on the basis of her student life in the u.k. and therefore would have been in the knowledge that her studentships would be coming to a conclusion at some stage. given the limited and temporary nature of her student life, i do not find it sufficiently to cause a breach of article 8. turning to the question of the appellant's family life the appellant is an adult. she has arrived in the u.k. as an adult in oct 2002 and although having lived with her sister and her bro-in law for some peroid of time, has not demonstrated that her relationship with her sibling and her brother in law is anymore than that might be between adults. in applying the Rasgar Principles, i do not find in the first instance find that there is a family life to the extent that her removal would cause an interference, so as to cause the u.k. to be in breach of its' obligations of the european convention of human rights.

[Want2SUCCEED]

Does anyone know of a solution please?