Extended family member EEA2 Application refused

Vibe · Post by **Vibe** » Sat Mar 19, 2011 8:07 pm

Hello Everyone,
I must say big well done to UKBA for quick response to applications lately, compare to all other stories that I have read on the forum.
I urgently need your help, I sent my eea2 application for a residence card in December under extended family member who is my cousin and lived together in holland before relocating with her and her family to UK, and she is exercising her treaty right till date. I lived together with my cousin, her partner and her daughter.
Till date in Uk I still live with her and her partner.
I sent EEA2 application with documents like -
1. proof of me being in holland when she was living in holland
2. proof of us living together in UK
3. Letter from her employer in uk
4. payslips
5. my birth certficate indicating how we are related through my mother being her dad's sister
6. my statutory declaration
7. Her birth certificate
8. Her Dutch EU Identification
But to my surprise I was refused and given appeal, please lovely ladies and gentle men can you please advise asap?
And please when fileing in appeal, shoild I include all the supporting documents above with the appeal application?

keffers · Post by **keffers** » Sat Mar 19, 2011 8:46 pm

1. proof of me being in holland when she was living in holland

Was that proof of living as part of the same household?

5. my birth certficate indicating how we are related through my mother being her dad's sister

7. Her birth certificate

What about your mother's and her father's birth certificate to show same parentage ( your joint grandparents)?

What about proof of dependency here and in Holland?

Vibe · Post by **Vibe** » Sat Mar 19, 2011 9:20 pm

Many thanks keffers for your reply,
1. yes: the documents indicate us in the same household.
2. The birthcertificate of my mum and and my cousin's dad was not included, but my cousin's birth certificate and my birthcerticate is included and it shows the link of our relationship as family, because my cousins dad's name was included in her bithcert and my own mum's maiden name too was included in my own birthcert too.

keffers · Post by **keffers** » Sat Mar 19, 2011 9:48 pm

2. The birthcertificate of my mum and and my cousin's dad was not included, but my cousin's birth certificate and my birthcerticate is included and it shows the link of our relationship as family, because my cousins dad's name was included in her bithcert and my own mum's maiden name too was included in my own birthcert too.

I don't think that would indicate strong enough proof of a family link.

Your mother's and your uncle's birth certificate showing the same name of parent/s would be more conclusive.[/quote]

Vibe · Post by **Vibe** » Sat Mar 19, 2011 10:01 pm

Hello Keffers, my mum divorced years ago and I don't even know the whereabbout of mum and my uncle died years ago, there is no way I could even get hold of my mum or my late uncle's birth cert, apart from my own documents and my cousin's document.

DFDS. · Post by **DFDS.** » Mon Mar 21, 2011 9:24 am

Vibe wrote:Hello Everyone,
I must say big well done to UKBA for quick response to applications lately, compare to all other stories that I have read on the forum.
I urgently need your help, I sent my eea2 application for a residence card in December under extended family member who is my cousin and lived together in holland before relocating with her and her family to UK, and she is exercising her treaty right till date. I lived together with my cousin, her partner and her daughter.
Till date in Uk I still live with her and her partner.
I sent EEA2 application with documents like -
1. proof of me being in holland when she was living in holland
2. proof of us living together in UK
3. Letter from her employer in uk
4. payslips
5. my birth certficate indicating how we are related through my mother being her dad's sister
6. my statutory declaration
7. Her birth certificate
8. Her Dutch EU Identification
But to my surprise I was refused and given appeal, please lovely ladies and gentle men can you please advise asap?
And please when fileing in appeal, shoild I include all the supporting documents above with the appeal application?

Hi Vibe i think its important to know the wording in the refusal letter. Besides, you have not mentioned providing your proof of a valid ID! did you send one? how about demostrating dependency???

Morpheo · Post by **Morpheo** » Tue Mar 22, 2011 7:52 pm

Hi Vibe,

I believe that you should have been notified and informed the exact reason for refusal. please check the letter and let us know what was the reason for your refusal.

Only then we would be able to help.

T

Vibe · Post by **Vibe** » Wed Mar 23, 2011 12:56 am

The wording in refusal says that I must show financial rather than merely emotional or other dependency on the EEA National

Morpheo · Post by **Morpheo** » Wed Mar 23, 2011 11:00 am

Have you submitted bank statements showing that you cousin is sending you money while you were in Holland and while being in the UK? I believe you submitted evidence that you lived at the same address however this is not enough as they will need to establish dependency trough financial evidence

May I ask what is your current status in the UK? it is really irrelevant but will help us understand your situation.

DFDS. · Post by **DFDS.** » Wed Mar 23, 2011 12:30 pm

Vibe wrote:The wording in refusal says that I must show financial rather than merely emotional or other dependency on the EEA National

The issue of Ofms is a big problem for Ukb, as one has to fall in both membership of household as well as being a dependant. Ukb seems not to take on people who fall in just one catergory, however,we are optimistic that soon its going to be clarified.

DFDS. · Post by **DFDS.** » Wed Mar 23, 2011 12:41 pm

keffers wrote:
2. The birthcertificate of my mum and and my cousin's dad was not included, but my cousin's birth certificate and my birthcerticate is included and it shows the link of our relationship as family, because my cousins dad's name was included in her bithcert and my own mum's maiden name too was included in my own birthcert too.
I don't think that would indicate strong enough proof of a family link.

Your mother's and your uncle's birth certificate showing the same name of parent/s would be more conclusive.

[/quote]

Well Keffers the issue here is to demonstrate financial dependancy, which i think shoud either be current or previous.Am sure if the member took his good time and went through the posts on board, all his queries have been answered.

Vibe · Post by **Vibe** » Wed Mar 23, 2011 4:06 pm

many thanks dfds and mofheo.
I believe if you're financially dependant on your family it includes living in the same house hold, providing shelter, food, pocket money, transport fair and other household hold back wich as been filed, and apart from that, do I have to show money transaction if we both live in the same house hold both in holland and uk?

Morpheo · Post by **Morpheo** » Wed Mar 23, 2011 4:29 pm

Hi Vibe,

I am afraid Yes. you should provide financial evidence so the Home Office is fully satisfied. living with someone under the same roof or teh same address does not mean being dependent.

Please note that this is not an automatic right and is at the discretion of the UKBA.

I would suggest fulfilling the evidence and sending back to the home office to review the evidence

Vibe · Post by **Vibe** » Wed Mar 23, 2011 4:32 pm

Many thanks Mopheo, I will do exactly like you advise.

keffers · Post by **keffers** » Wed Mar 23, 2011 7:48 pm

Well Keffers the issue here is to demonstrate financial dependancy, which i think shoud either be current or previous.Am sure if the member took his good time and went through the posts on board, all his queries have been answered.

And if dependency is proven what then? Refusal because there is no documentary evidence of being an extended family member as claimed?

Is it normal for UKBA to list all the shortcomings of an application or stop at the first one they encounter without looking for any more reasons to reject it ?

Post by **Obie** » Wed Mar 23, 2011 11:49 pm

Morpheo wrote:
I am afraid Yes. you should provide financial evidence so the Home Office is fully satisfied. living with someone under the same roof or teh same address does not mean being dependent.

This is not quite correct. An other family member can prove eligibility by showing they are dependant or members of the same household. There is no requirement that both conditions has to be fulfilled.

Furthermore, it is arguable that an OFM living in an Household paid for by an EEA national, who pays bills and put food on the table, is also dependant on the EEA national.

[b]RK ( OFM - membership of household - dependency) India [2010] UKUT 421 (IAC)[/b] wrote:
21. We pointed out to the parties at the outset of this hearing that the requirement of dependency is an alternative to membership of the household. For an OFM to fulfil the household requirement he or she must have lived with the Union citizen in the same country at some time in the past, whilst dependency requires no such link. Further as dependency can be on the non national spouse of a Union citizen that opens up the reasonable possibility of continued residence outside the EEA after such a non national spouse has married and moved to the EEA.

Capela · Post by **Capela** » Thu Mar 24, 2011 9:36 am

Hi Vibe,
I got my RC through Extended family member of an EEA national which is similar to yours. I think financial dependency is very important to them in this category of application.You need to convince UKBA that the FD didn't start overnight, i suggest you include your financial dependency prior and present (Holland) before coming to UK also include your family tree history stating their full names, date of birth and maiden names if applicable. How do you enter UK ? also remember that extended family members dont have automatic right, they still have to consider many factors including in all the circumstances, if it is appropraite to issue a residence card. But all the same i wish you best of luck!

Vibe · Post by **Vibe** » Sun Apr 03, 2011 6:01 pm

Hello everybody,
Many thanks for all your contribution, advise, and help I really appreciate all your advise.
I have been given appeal hearing date next month, please can you advise if i should still send a reconsideration letter to home office and adding few more documents to my reconsideration letter. please i need your advise.
thank you all

Post by **Obie** » Sun Apr 03, 2011 10:25 pm

Towards the end of UKBA refusal letter, the refused applicant is advised to either appeal or send new material for reconsideration with 10 working days. Once an appeal route has been chosen and commenced with, it is highly unlikely that a reconsideration request will be looked into. In the above situation, it is possible that your file has been sent to the local presenting officers unit. I believe it is best to focus on appeal and give it your best shot.

Vibe · Post by **Vibe** » Sun Apr 03, 2011 11:40 pm

Many thanks Obie for all your advise, you are a star I really appreciate you.
Cheers

Vibe · Post by **Vibe** » Fri Apr 08, 2011 1:29 am

Many thanks Brown212 for updating about UK High court seeking clarification on OFM from ECJ. Please any other updates from Authors regarding ECJ on Extended family member?

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Extended family member EEA2 Application refused