JacksonPollock5 wrote:Thanks so much noajthan....
They also mentioned that they could see no reason why my wife could not visit her mother in Colombia or even relocate there to support her. This is despite the fact that my wife has her husband and son working and studying in the UK. We also did try in Colombia for a year and neither my wife or I could find work. So I can't see the logic in their argument.
I'm worried that the appeal process will take a long time. Do you think it would be better to appeal citing the case law or to apply again?
As you can imagine, my wife is really upset. Her mum has been really suffering psychologically as well as financially lately and we hoped that this would get her back on track.
Thanks again.
The reasons for refusal and the alternative suggestions from HO are spurious.
I faced similar arguments from HO when they refused my step-daughter a UK visa some years ago. It's a complete intrusion and out of order. The responses are clearly taken from some sort of library of standard responses.
The whole point of free movement is to support economic activity in the Union and to not have Union citizens who exercise those rights constrained unnecessarily due to family concerns or commitments.
And you are only applying for the FP in connection with and to support your free movement rights.
From the links above...
This approach seems to be based on the principle according to which the provisions of EU free movement law should be interpreted broadly in order to guarantee the free movement of EU citizens, which constitutes one of the most fundamental freedoms in the EU (see also Lebon para.23). Therefore, the Court’s judgment in Reyes comes as no surprise.
Also...
The fact that the Union citizen or his/her spouse are sending a sum of money to the family member, necessary for the latter to support himself or herself, is sufficient evidence that s/he is in a real situation of dependence. It follows that the family member cannot be required to prove that s/he has searched for a job or has tried to acquire support from the country of origin in order to be regarded as a ‘dependant’.
and...
... such situation may be seen as ‘suspicious’ by the immigration authorities in different Member States, the latter are not authorised to investigate the reasons why the family member becomes dependent on the Union citizen or his/her spouse
The details of your personal life and how you organise your family and your relatives' affairs are clearly and definitely not HO business.
I believe EU case law is on your side.
If you reapply again you may face the same sort of semi-automated 'boiler-plate' refusal.
Suggest appealing and refuting the refusal based on the EU case law.
I do not know the likely timeline involved.
Good luck.
