EEA family permit

montana · Post by **montana** » Wed Sep 26, 2012 9:55 am

I have tried applying for my mothers EEA family permit but was denied on grounds which where in conclusive.
I am thinking of going to get her and travel with her back to Britain with all the necessary documents since am EEA national and demand am exercising my treaty rights of freedom of movement and see if they can issue the FO there and then
What would be the waste case scenario.??
Would I and her be given the option to appeal and her detained while waiti for a decision or if the appeal took long,would they let her in so she can stay with me?.

keffers · Post by **keffers** » Wed Sep 26, 2012 2:29 pm

Others have travelled as vistors/students and the applied for a residence card once here. A family permit can only be issued overseas. Your mother could be turned back at the port - especially if her passport has been endorsed with a FP refusal.

Did you re-apply for a FP?

montana · Post by **montana** » Wed Sep 26, 2012 4:15 pm

keffers wrote:Others have travelled as vistors/students and the applied for a residence card once here. A family permit can only be issued overseas. Your mother could be turned back at the port - especially if her passport has been endorsed with a FP refusal.

Did you re-apply for a FP?

am I not entiltled to appeal against the decision if they decide to turn her back as I know some people can be detained if they decide to appeal on the airport.

Besides,if she has been refused a family permit.how can they issue her with a visitors visa when they know he was once denied a family permit hence they can easily feel its another way of applying for a residence card

Post by **Obie** » Wed Sep 26, 2012 4:51 pm

What is the nationality of your Mother? is she a visa free national.

If you have sufficient evidence to prove dependency, then by virtue of regulation 11, she would be allowed entry under code 1 A.

montana · Post by **montana** » Thu Sep 27, 2012 12:26 am

Obie wrote:What is the nationality of your Mother? is she a visa free national.

If you have sufficient evidence to prove dependency, then by virtue of regulation 11, she would be allowed entry under code 1 A.

What is deepened sufficient evidence for dependency for last five years and would she be detained if we decided to appeal on the airport and are such cases fast tracked

montana · Post by **montana** » Thu Sep 27, 2012 5:17 pm

Obie wrote:What is the nationality of your Mother? is she a visa free national.

If you have sufficient evidence to prove dependency, then by virtue of regulation 11, she would be allowed entry under code 1 A.

When i read through the Border force manual.It does not really state much about dependancy when you entering through the port but emphasises on the family member providing enough evidence that they are your relative,the EEA memeber is in UK and nothing much about depepdancy .Why is that so under code A1

montana · Post by **montana** » Mon Oct 08, 2012 2:33 pm

montana wrote:
Obie wrote:What is the nationality of your Mother? is she a visa free national.

If you have sufficient evidence to prove dependency, then by virtue of regulation 11, she would be allowed entry under code 1 A.
When i read through the Border force manual.It does not really state much about dependancy when you entering through the port but emphasises on the family member providing enough evidence that they are your relative,the EEA memeber is in UK and nothing much about depepdancy .Why is that so under code A1

To be fair, yours is the most complicated kind of the simple applications, but still the staff should be well trained.[/quote]
After the Reapplication for the family permit.They UKBA truelly applied the correct law and denied it on the basis that the is not enough evidence of dependancy to grant the visa .We did supply some western union transcripts but they said the the money does not reach the required threshold and ...
To be fair the evidence was not enough but they are dependant on me.
i SENT MONEY THERU TO THEM THROW FRIENDS TRAVELLING AND WHEN I SEND SOMETIMES WITH WESTERN UNION.
How can i prove they mainly dependant on me !!!!!AND HOW CAN I APPEAL AND NO WHAT GROUNDS CAN I WIN

keffers · Post by **keffers** » Mon Oct 08, 2012 5:46 pm

What was the threshold? How did the ECO arrive at that figure?

Over what period did you state you had been sending money and on how many occassions did you have documentary proof (ie Western Union slips)

Were the slips from a time before the first application?

Dependency means more than simply sending money - it has to be enough to meet a dependants essential needs.

Post by **Obie** » Mon Oct 08, 2012 7:14 pm

[b]Judgement in Jia [/b] wrote:35. According to the case-law of the Court, the status of 'dependent' family member is the result of a factual situation characterised by the fact that material support for that family member is provided by the Community national who has exercised his right of free movement or by his spouse (see, in relation to Article 10 of Regulation No 1612/68 and Article 1 of Council Directive 90/364/EEC of 28 June 1990 on the right of residence (OJ 1990 L 180, p. 26), Lebon, paragraph 22, and Case C-200/02 Zhu and Chen [2004] ECR I-9925, paragraph 43, respectively).

montana · Post by **montana** » Mon Oct 08, 2012 9:12 pm

I supplied western union transfers as far back as 2007-2011.When I sent money,I did not realise that 5 years done the line I might need them for if I had known I would have told my family member to keep those slips but as it happens they lost some receipts and he calculated the money I sent each year and said it didnot amount to proper dependency.
I have also sent money through friends who travelled to zambia to give them.and would buy valuable goods so they can resale in Africa as it was more valuable to sale them there than simply sending money.

montana · Post by **montana** » Mon Oct 08, 2012 9:14 pm

What do you think would be the best diffence if I decide to appeal as this is the only reason the permit was denied.Please advice and if there is a similar case law forward me the link.

keffers · Post by **keffers** » Tue Oct 09, 2012 1:10 pm

The caselaw is all the same in terms of dependency.

There has to be financial assistance.

It has to meet the essential needs of the family member.

It can be in addition to money from other sources but cannot be simply to improve the standard of living ie without it the essentila needs would not be met.

Essential needs? Rent, food, gas, water

But you have to convince UKBA you did send the money; that it was to cover essential needs; and there was no other income to cover essential needs.

A hard-nosed, crusty-hearted ECO with a tick-box flow chart and a rudimentary understanding of the law is always going to err on the side of NO.

A Tribunal judge should look at the whole picture and apply common sense.

BUT, the onus is on you to make your case. I assume you now only send money via methods that can be proved? ie not in the back pocket of a friend but via regular money transfers.

montana · Post by **montana** » Sat Mar 23, 2013 2:28 pm

I APPLIED FOR A FAMILY PERMIT FOR MY MOTHER WHCIH WAS DENIED.I WANT TO APPLY FOR A VISITOR VISA COZ MY MUM IS AGING AND I WAN HER TO WITNESS MY SECOND GRADUATION S THE FIRST ONE WAS WHEN HER FAMILY PERMIT WAS REFUSED.DO YOU THINK WHEN SHE APPLIES FOR A VISITOR VISA TO COME TO MY GRADUATION SHE WILL BE REFUSED ON THE BASSIS OF HER PREVIUOS APPLICATIONS!!

Post by **Obie** » Sat Mar 23, 2013 2:43 pm

what was the outcome of the other appeal.

In light of that rejection, it will be difficult to convince an ECO that your mum will return after the graduation ceremony.

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