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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
Am not so sure, but to me non of the reasons given in the refusal leter, does hold water under the EEA law. Especially the issue of a family permit. It should'nt a basis for refusal of the rc. Under the case work's guidance, its no were indicated that a familly permit is one of the requirements for the rc. About the western Union reciepts being valid or whatever, i believe there are several ways you can prove dependancy before comming to Uk, as long as its not that much lapsed as Obie states it. Did have any recent membership of household? Perhaps it can work as well.tracy56 wrote:thanks you for your response .
in the first refusal letter , i was told if i was really my brother sister , i woud ve come with a family permit . but instead i came the way i did .
and also i did not should submit up to my arrival western unions that indicate i was finanancially dependent on my brother . and also it state my EEA relative is self employed .
.
Under the casework's guidance, there is a siginificant change when it comes to OFMs. They have outlined four major stages that case works have to consider before issuing a rc to the OFM. The case work can stop the processing of the application at any of the stages, if the applicant fails to qualify at aparticular stage. I thinks its important that whoever intends to apply under Ofms, they have to first go through the caseworker,s guidance.Obie wrote:Why was the appeal refused the first time round? And have you addressed those issues.
The caselaws have advance significantly in ways that is not reflected in UKBA guidance or decisions. There has also been a reference to the European court of justice. Therefore either your appeal will be allowed if you can submit the documents they alledge you hadn't , or a decision will be stayed, pending the reply to the preliminary reference
Morpheo wrote:Hi DFDS,
I have applied for my sister with a massive amount of documents, she has always been my dependent. I am now awaiting the outcome from HO.
Could you please indicate which stages are you talking about? I am also aware of the pending outcome of the European court of justice to respond/answer the questions outlined in "MR and ors (EEA extended family members) Bangladesh [2010] UKUT 449 (IAC)" http://www.bailii.org/uk/cases/UKUT/IAC ... adesh.html
I believe the casework's guidance have not been updated to reflect the latest decision by the court of appeal. It is no longer needed to prove dependency and membership of country of origin household, one of them should suffice. However, what happens if the OFM has been dependent on her EU family member once in the UK for a long period of time? should this also suffice?
Thanks
Hi Morpheo, you not alone, there are lots in your catergory, however as we all know, HO has no formular. They handle each case on its own merit. I believe that currently we shouldn't wait for the court of appeal's dicission on OFMs, as the applications are already underprocess. Besides, HO did not not regard all questions sent to the EU court of appeal about OFMs, as relevant. However What am talking about is just a few seconds away from you. Just click on the UKBA website, go to CASEWORKER'S guidance. Under familly members you will be able to see the four major stages that UKBA is using to detamine who qualifies as an OFM.
About the later, long period of time dependancy, i've idea. All it says is that long time residency can be considered at the final stage of your application.
Thanks.
M
You will find that this is one of the question that was sent to the CJEU for preliminary ruling.PaperPusher wrote:Ok, but if you are working, how are you dependent on your family member?