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App refusal for non EEA national mother of two EEA children

Posted: Thu Oct 29, 2015 11:54 am
by presido007
My friend entered UK with two of her children illegally from Spain. She is a non eea national but her two children are Spanish nationals with Spanish passport. They are both between 7 and 8 years and are currently in school in the uk.
There mother recently applied as the children's carer to Home office. In her application, she included:
1. Letter from children's school
2. a sponsor letter from her girlfriend that has lived in UK and works too.
3.Health Insurance certificate
4. Her children's Spanish passport and birth certificates that show they were born in spain.
5 Bank statement and payslip of her sponsor (earns £900 a month)
My friend is not self sufficient, as she went through abuse and domestic violent by her husband in spain, she has the record of this from the Spanish police. she also has the divorce certificate and several letters sent to the Spanish police as the ex husband refused to support the children.
She had to move to UK illegally as the suffering was too much for her in spain.

Now her application was refused and her passport was withheld by the home office but they returned the children's Spanish passports. Can Home office remove her knowing that her children her Spanish national? Please, any advise? the refusal was based on the sponsor not earning enough money to take care of another family. and they were not sure if she cancelled her health insurance and on that basis, she was refused.

I am willing to sponsor her but the problem is that we are not related as she is just a friend, I only feel sorry and compassionate for the trouble she has been through and I am not sure if this will be a problem if I sponsor her as my friend? I currently hold a PR and just recently applied for my BC. Please help!!.

Re: App refusal for non EEA national mother of two EEA child

Posted: Thu Oct 29, 2015 12:34 pm
by Obie
Was she not given a right of appeal?

She should exercise it.

Re: App refusal for non EEA national mother of two EEA child

Posted: Thu Oct 29, 2015 2:02 pm
by presido007
Obie wrote:Was she not given a right of appeal?

She should exercise it.
Thank Obie for you quick reply. Yes, she was given right of appeal but we were told that based on the sponsor's income which is about £900 that the appeal wiil not be successful. The Sponsor has three children of her own and she is on benefit too, which was the main reason they refused her.

She is very worried as her passport has been withheld by the HO and I am wondering if it is possible for me to sponsor her as my income is good and I am not on any benefit. But can I sponsor her as a friend? secondly, I have just put in for my British citizen application, will this have impact on the decision of my application? thirdly, can she be removed knowing that her children are Spanish citizens and already in school in UK?

I am really sorry, if this look like a very long speech.

Re: App refusal for non EEA national mother of two EEA child

Posted: Thu Oct 29, 2015 2:08 pm
by Obie
Yes you could . But the support needs to be genuine .

Re: App refusal for non EEA national mother of two EEA child

Posted: Thu Oct 29, 2015 2:26 pm
by presido007
Obie wrote:Yes you could . But the support needs to be genuine .
Many thanks Obie. Definitely, it is going to be genuine as I feel really sorry for her and what she is gone through, I am willing to support her until she is able to start working and start earning money for herself but that will only be when her application goes through which I am trying to avoid any mistake.

Please, do you have template letter for sponsor as a friend pls?

And before I forget, I have just put in for my BC application and she entered UK illegally, I am scared this may be a problem for me with my application under good character.

Will it be good idea to wait until after my approval before helping her with her own application? secondly, I want to know if she can be removed while we wait for my own application?