Post
by mcovet » Sun Dec 05, 2010 3:22 am
Hi,
1) How did you get the FP the first time?
2) I wouldn't apply for a tourist visa, although if you have a guarantee of getting it, then surely bring them over, I know of a couple of cases where people come in on tourist visas and LEGALLY and successfully and lawfully apply then under the EU law, so if you can JUST get them in, go for it. Further, this should have absolutely no bearing on your future applications for Family Permits (if tourist application is refused) or if here, on the RC applications!; Most important thing is, if applying as tourists, they shouldn't try and prove they can sponsor themselves, as then it'd be a bit hard to prove dependency on the RC stage;
3) As the applications are free in the overseas embassy, I'd keep applying with medical evidence etc., if that's allowed pending the appeal hearing?
4) if that's not allowed, I'd withdraw the appeal, apply again and if unsuccessful, appeal again, as the appeal right would lie following ANY EU related decision!;
5) in that new application I'd get as much evidence supporting your case, medical notes, bank transfers, extensive covering letter explaining your rights and that you can't wait for the appeal hearing as this causes you undue hardship as the parents need immediate care and attention, which they lack in their country as no other relatives etc.;
6) Also, if you did get FP the first time on the basis of their dependency (hence question 1 above) you could use that to your advantage, claiming that the dependency had already been proved once etc!
I am positive you will have positive outcome, keep us updated and let us know of any details you find relevant.