eea2 residence card refused with right to appeal

[davex1890]

Hello everyone.I need some urgent advise on this one.We(my two younger ones and i,we're over 21)were refused resident cards on the grounds that we didnt provide enough proof as to living in same household in another country with our sponsor(our mother)before coming to UK.
We are thinking of appealing or re-applying.
How long will it take if we re-apply?and what documents do we need to add to prove "living in same household in another country"
Pls i really need some quick replies.Thank you very much

[Obie]

If you are able to show you have been dependant on your mother in the UK, then i suppose you should be fine. If not, the refusal may be lawful. What evidence do you have of financial ties with your mother?

As you are over 21, some form of dependency is required.

[davex1890]

we have been dependent on her since we got here,i am over 21,how can i show we have been dependent
we received our n.i after sending our application and we have not been able to work since we had the COA and also N.I because employers are actually not accepting the COA as eligibility to work.

So i really want to know how else i can prove my dependency here in UK and also as a member of the same household in another country

Though i provided my mum's bank statements and mine that shows the same address in anothter country with electricity bills with my name and address on it.So i wonder what else they want

[Plum70]

Consider financial dependency: docs to prove that your mother provided materially and otherwise for you both here in the UK and in other EU country.

[davex1890]

Thanx a lot.Should we re-apply or appeal and are there any chances that we will get an early response since we have applied before

[Obie]

I believe an appeal is the best way toward, in my opinion for few reasons.
1. In under 8 weeks you will know where you stand, rather than waiting for another 4-5 months with a new application for which there is no guarantee the same unlawful refusal will not be used.

2. They may want to argue that Pedro does not apply to you as you are not a parent or grand parent of the EEA national.

There is no requirement for you to show dependency from another member state.

[davex1890]

Thanx for your reply.So now they require me to give proof of dependency here in UK,pls advice me more on how to do that.

Is there anything like applying for reconsideration based on the reason of refusal.

Or can i appeal and re-apply at the same time

[Obie]

If you appeal,your case file will be with the presenting officers unit. There is therefore a remote possibility that your case will be dealt with during that period.

In all the circumstances, and giving the possibility of continued application of community law, by requesting you provide evidence you resided with the EEA national in another country, I believe an appeal is the best option in my view.

However this decision is entirely yours to make.

Properly applied, the law does not require you to show evidence that you resided with the Union Citizens in another member state. Except of course you are unable to show dependency in the UK.


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[davex1890]

Thanx,i have been in UK now for about 6months and i av been totally dependent on my eea national(my mother).We(my siblings and i)have only received like a 2 letters at d same address as our sponsor(N.I card inclusive).we can't open accounts cos no passport.

So the only proof of material dependencyis my sponsor's account showing whenever she buys groceries etc.

What other form of financial or material dependency do u suggest i include?

[Obie]

If you appeal,your case file will be with the presenting officers unit. There is therefore a remote possibility that your case will be dealt with during that period.

In all the circumstances, and giving the possibility of continued application of community law, by requesting you provide evidence you resided with the EEA national in another country, I believe an appeal is the best option in my view.

However this decision is entirely yours to make.

Properly applied, the law does not require you to show evidence that you resided with the Union Citizens in another member state. Except of course you are unable to show dependency in the UK.


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[davex1890]

thanx for your reply.

What evidence of financial or material dependency in the UK do you suggest i include?

[Obie]

You have to provide information/evidence showing that, you need the material support of your mother to meet your essential needs in the UK.

Evidence of her paying rent or mortgage, monthly remittance to your account. Bank statement showing her paying the bills, will all be essential, as well as evidence showing you are not in employment.

[davex1890]

Thanx so much for your replies.

The only thing i dont have is a bank account cos i was not allowed to open one but i have the other requirements like my mother's account statement showing rent and all.

Now i am sure i fall under 'extended family member' and i also read somewhere that i need to provide proof of dependency/member of household in another country the eea national resided not neccessarily a member state(as in my own case ;we resided in Africa before coming over)

Does this still count towards my own case?

[Obie]

Try and get the appeals form sent before it is out of time. I dont think it will serve your interest applying as an extended family member, as firstly the requirements are more stringent and secondly issue of residence card to these category is discetionary.

There is a higher likelihood of succeeding in your category than as an extended family member.

[davex1890]

But according to the HO reasons for refusal they wrote

'you applied for a residence card as the children of an eea national.you entered the UK after the age of 21.you did not enter on an eea family permit.as such,you are extended family members under the definition of regulation 8.
in order to qualify as an extended family member,you must demonstrate that you were dependent upon,i.e living with your eea national sponsor in another country immediately prior to entering the UK,you must also demonstrate that you are currently dependant upon,i.e living with your sponsor in the UK'

these are the exact words of the HO

I can prove we lived in Africa prior to coming to the UK through our statements of accounts showing same address and electricity bill in my name and rent receipt in her name and she also had a registered company with the same address.

Please what do you think and what are my chances?

Thanx

[86ti]

You really should have infomred about this crucial piece of information when you started this thread to avoid this unnecessary confusion.

It seems odd that they would believe you can be treated as an extended family member simply because you have entered the UK without the EEA FP.

[davex1890]

I'm sorry about that.

What do you advice i do now?

I have 6 more days to appeal

[Obie]

That refusal is baseless. You cannot say a dependent descendant of an EEA national will be treated as an extended family member because they failed to apply for an EEA family permit, which has no significance in community law, as already ruled by the courts.
As previously stated, appealing the decison is your only opinion as it seems this decision maker is clueless on what he/she is doing.

[davex1890]

Thank you so much.

We have made up our minds to appeal cos it seems the best way forward.

But as you said , we are direct dependant relative(children over 21years) of an eea national exercising treaty rights. and the CO says we fall under extended family members.

When appealing what other documents should we add if different from the ones you mentioned before ;to have a strong case?

Let me give you a list of what we intend to add;
bank statements showing address in another country,electricity bills,proof of money transfer for up to 10years,my sponsors's company registration documents in same country we resided,my driving license,police clearance certificate

then here in Uk;sponsors bank account showing direct debits for rent etc,letters addressed to to me with same address as sponsor,NI for proof that i haven't worked (not allowed to open an account)

Pls tell me if there's any other document i need to add

Thank you.

[86ti]

Just as an aside but why where you not allowed to open a bank account? Do you actually mean that no bank accepted you? If the latter, I think you could still open a joint bank account with your mother.

[davex1890]

The banks didnt accept me because my passport isnt with me and they need to see the original passport.

We didnt find out about joint accounts though and since we live in same house we didnt stress the point and just decided to wait for my passport.

Is there any other document as important as the account/joint account or is it possible to open one now when we have just 5 days to appeal?

[davex1890]

What category do i really belong to 'extended family member or which one'

[86ti]

The conclusion so far was that you should be a 'direct' family member. Nevertheless, it would probably be a good idea to include also those documents (dependency aborad) that would qualify you as an extended family member.

[davex1890]

Thanx a lot.

I'm goin to do just that.I'll include dependency in another country and proof of same household.

Is it necessary i use a lawyer now cos we cant afford d bills of appealing for 3 pple @ the same time.
Or can we send the appeal on our own then if we are given a hearing date we can now employ the services of a lawyer ?

[davex1890]

Hello everyone,

We just received the date our appeal will be heard and that's about 4weeks from now.

What is the process like and how long does it take from receiving the determination and then implementing the determination(with all going well)?