EEA2 Refused.

[boa90]

Can someone tell us what we need to add to our new eea2 applications.

2 brothers age 24 and 26 years old NON EEA PASSPORTS.
apply for the eea2 with these documents but got refused:
2 passport photos.
passport
eea id card
birth certificate
dna test report
wage slips & contract of employment
Tenancy agreement & landlord reference (stating we are non paying occupant)

The reason for the refusal is:
You have not provided any evidence of your dependancy on your eea national sponsor at any time, either in other eea country or in the uk. you have not provided any evidence that you were dependent on your eea nationl sponsor immediately prior to entering the uk as required under regulation 8 (2) (a). In addition, we have not recieved any evidence that you have benn dependent upon your eea national sponsor since entering the uk as required under regulation 8 (2) (c).

The thing is that we JOINED our father here with an eea family permit, for which we had to prove we were dependent upon him before we were granted the visa. what do you think we need to add to our next application? we have right of appeal but we prefer re submitting a new application.

thank you.

[Jambo]

The HO expect you to provide all the relevant information with the application even if similar evidence was provided in previous applications. If you reapply, just add the same evidence you provided for the EEA FP.

You can also write back to the caseworker who refused the application and ask for reconsideration explaining the relevant documents have been provided with the original EEA FP application (and should be in the system already).

[boa90]

How long does the reconsideration take?

[Obie]

Think you should appeal this.

Your case should not have been considered under regulation 8(2), 17(4) (5), but under Regulation 7 and 17(1).

Asking you to prove dependency from your home country is an error. If you have evidence of continued dependancy in the UK, that should be fine.

In the absence of evidence evidence, because of your recent entry, it should be assumed that you continue to be dependant.

[Jambo]

How long does the reconsideration take?

Can take a few weeks. You might want to appeal or to reapply.

The advantage of reconsideration is that you give the HO a way to fix their mistake without going through the appeal process but as there is no guarantee they will listen it's better to work on another option in parallel.

[boa90]

what kind of appeal do you think will be appropriate?

[boa90]

Can i get a refund of the appeal (without a date) fee after our rc was issued with a reconsideration request?

[Davmck70]

Can i get a refund of the appeal (without a date) fee after our rc was issued with a reconsideration request?

I am not sure you can but nothing is impossible. For further assistance, please contact the tribunal on 0300 123 1711 or write to customer.service@hmcts.gsi.gov.uk