EEA Direct Family Member visa refused with removal direction

[masifqadeer]

This is my first post, so apologies if I have posted in the wrong place.
My parents' EEA family visa has been refused recently. My wife is Lithuanian National, exercising treaty rights as a worker, and my parents applied under Regulation 7(1)(c) of the Immigration EEA Regulations 2006.

Visa was refused due to the following reason:
"On 15 & 16 April 2016, telephone calls were made to the employer, however the person who answered could only name the company when prompted, furthermore the 'person who answered the call could not name the address of the building, Therefore this department does not find it credible that your EEA national sponsor is genuinely employed as claimed.
Moreover, the website provided on the letter is showing as “under construction”. There is also no landline provided for your sponsor's claimed employer, as it is a learning centre, this department would expect it to be more accessible. Whilst every attempt has been made by the UKVI to establish your EEA family member's employment the burden of proof rests with the applicant to provide such evidence and you have failed to do so.
It is therefore concluded that you have failed to provide sufficient evidence to demonstrate that your EEA family member is currently a qualified person in the United Kingdom as a worker, as detailed under Regulation 6 of the Immigration (EEA) Regulations 2006.
In line with regulation 7(1)(c) of the Immigration (European Economic Area) Regulations 2006, to be treated as a family member of an EEA national you must be, 'dependent direct relatives in his ascending line or that of his spouse or civil partner.' Unfortunately you have failed to provide sufficient evidence to show that you are dependent on your EEA national sponsor.
This department would expect to see bank statements from the EEA sponsor to show that they are meeting your essential needs in the form of payments from their bank account, the bank statements submitted in your sponsor's name fail to demonstrate this requirement. Furthermore, as this department could not confirm the employment of your sponsor's employment, it is even more questionable as to whether she is able to support your essential needs as per Regulation 7 (1) of the Immigration (European Economic Area) Regulations 2006.
Therefore, it has been decided to refuse to issue the confirmation that you seek with reference to Regulation 6 & 7 of the Immigration (European Economic Area) Regulations 2006.
Regulation 26 of the Immigration (EEA) Regulations 2006 confers a right of appeal against this decision. However this does not mean that, if you choose to appeal, you will be entitled to remain in the United Kingdom whilst the appeal is being considered."

We have checked with the employer; Home Office called only once on 16th April and the call lasted for 55 seconds only. According to the employer when they called it was very noisy where she was and she requested the person to hold on so she can move to a quiet place. But when she moved and checked the mobile the person hung up on her. Employer doesn't have website or land line number what is our fault in this? My wife worked their and we have paid tax and also the wages were coming in her account from the company business account.
Also, Home Office mentioned about dependency that they want to see proof of money transfer from my wife's account to my parents' account. How is it possible as my parents are on visit visa here and they can't have a bank account. According to my knowledge, please correct me if I am wrong, in Dauhoo case the Upper Tribunal clearly defined dependency i.e. a person can be dependent if he/she is the member of the household.
Kindly advise us ASAP as we have to decide about the way forward as I don't want the embarrassment of immigration enforcement.
What shall we do?
1. Appeal
2. Judicial Review
3. Appeal & Judicial Review (for removal orders)
4. New Application

[member]

This is my first post, so apologies if I have posted in the wrong place.
My parents' EEA family visa has been refused recently. My wife is Lithuanian National, exercising treaty rights as a worker, and my parents applied under Regulation 7(1)(c) of the Immigration EEA Regulations 2006.

Visa was refused due to the following reason:
"On 15 & 16 April 2016, telephone calls were made to the employer, however the person who answered could only name the company when prompted, furthermore the 'person who answered the call could not name the address of the building, Therefore this department does not find it credible that your EEA national sponsor is genuinely employed as claimed.
Moreover, the website provided on the letter is showing as “under construction”. There is also no landline provided for your sponsor's claimed employer, as it is a learning centre, this department would expect it to be more accessible. Whilst every attempt has been made by the UKVI to establish your EEA family member's employment the burden of proof rests with the applicant to provide such evidence and you have failed to do so.
It is therefore concluded that you have failed to provide sufficient evidence to demonstrate that your EEA family member is currently a qualified person in the United Kingdom as a worker, as detailed under Regulation 6 of the Immigration (EEA) Regulations 2006.
In line with regulation 7(1)(c) of the Immigration (European Economic Area) Regulations 2006, to be treated as a family member of an EEA national you must be, 'dependent direct relatives in his ascending line or that of his spouse or civil partner.' Unfortunately you have failed to provide sufficient evidence to show that you are dependent on your EEA national sponsor.
This department would expect to see bank statements from the EEA sponsor to show that they are meeting your essential needs in the form of payments from their bank account, the bank statements submitted in your sponsor's name fail to demonstrate this requirement. Furthermore, as this department could not confirm the employment of your sponsor's employment, it is even more questionable as to whether she is able to support your essential needs as per Regulation 7 (1) of the Immigration (European Economic Area) Regulations 2006.
Therefore, it has been decided to refuse to issue the confirmation that you seek with reference to Regulation 6 & 7 of the Immigration (European Economic Area) Regulations 2006.
Regulation 26 of the Immigration (EEA) Regulations 2006 confers a right of appeal against this decision. However this does not mean that, if you choose to appeal, you will be entitled to remain in the United Kingdom whilst the appeal is being considered."

We have checked with the employer; Home Office called only once on 16th April and the call lasted for 55 seconds only. According to the employer when they called it was very noisy where she was and she requested the person to hold on so she can move to a quiet place. But when she moved and checked the mobile the person hung up on her. Employer doesn't have website or land line number what is our fault in this? My wife worked their and we have paid tax and also the wages were coming in her account from the company business account.
Also, Home Office mentioned about dependency that they want to see proof of money transfer from my wife's account to my parents' account. How is it possible as my parents are on visit visa here and they can't have a bank account. According to my knowledge, please correct me if I am wrong, in Dauhoo case the Upper Tribunal clearly defined dependency i.e. a person can be dependent if he/she is the member of the household.
Kindly advise us ASAP as we have to decide about the way forward as I don't want the embarrassment of immigration enforcement.
What shall we do?
1. Appeal
2. Judicial Review
3. Appeal & Judicial Review (for removal orders)
4. New Application

When do their current visas expire?

[member]

This is my first post, so apologies if I have posted in the wrong place.
My parents' EEA family visa has been refused recently. My wife is Lithuanian National, exercising treaty rights as a worker, and my parents applied under Regulation 7(1)(c) of the Immigration EEA Regulations 2006.

Visa was refused due to the following reason:
"On 15 & 16 April 2016, telephone calls were made to the employer, however the person who answered could only name the company when prompted, furthermore the 'person who answered the call could not name the address of the building, Therefore this department does not find it credible that your EEA national sponsor is genuinely employed as claimed.
Moreover, the website provided on the letter is showing as “under construction”. There is also no landline provided for your sponsor's claimed employer, as it is a learning centre, this department would expect it to be more accessible. Whilst every attempt has been made by the UKVI to establish your EEA family member's employment the burden of proof rests with the applicant to provide such evidence and you have failed to do so.
It is therefore concluded that you have failed to provide sufficient evidence to demonstrate that your EEA family member is currently a qualified person in the United Kingdom as a worker, as detailed under Regulation 6 of the Immigration (EEA) Regulations 2006.
In line with regulation 7(1)(c) of the Immigration (European Economic Area) Regulations 2006, to be treated as a family member of an EEA national you must be, 'dependent direct relatives in his ascending line or that of his spouse or civil partner.' Unfortunately you have failed to provide sufficient evidence to show that you are dependent on your EEA national sponsor.
This department would expect to see bank statements from the EEA sponsor to show that they are meeting your essential needs in the form of payments from their bank account, the bank statements submitted in your sponsor's name fail to demonstrate this requirement. Furthermore, as this department could not confirm the employment of your sponsor's employment, it is even more questionable as to whether she is able to support your essential needs as per Regulation 7 (1) of the Immigration (European Economic Area) Regulations 2006.
Therefore, it has been decided to refuse to issue the confirmation that you seek with reference to Regulation 6 & 7 of the Immigration (European Economic Area) Regulations 2006.
Regulation 26 of the Immigration (EEA) Regulations 2006 confers a right of appeal against this decision. However this does not mean that, if you choose to appeal, you will be entitled to remain in the United Kingdom whilst the appeal is being considered."

We have checked with the employer; Home Office called only once on 16th April and the call lasted for 55 seconds only. According to the employer when they called it was very noisy where she was and she requested the person to hold on so she can move to a quiet place. But when she moved and checked the mobile the person hung up on her. Employer doesn't have website or land line number what is our fault in this? My wife worked their and we have paid tax and also the wages were coming in her account from the company business account.
Also, Home Office mentioned about dependency that they want to see proof of money transfer from my wife's account to my parents' account. How is it possible as my parents are on visit visa here and they can't have a bank account. According to my knowledge, please correct me if I am wrong, in Dauhoo case the Upper Tribunal clearly defined dependency i.e. a person can be dependent if he/she is the member of the household.
Kindly advise us ASAP as we have to decide about the way forward as I don't want the embarrassment of immigration enforcement.
What shall we do?
1. Appeal
2. Judicial Review
3. Appeal & Judicial Review (for removal orders)
4. New Application

Did your wife financially support them before they came to the UK?

[masifqadeer]

Thanks for the response.
There current visa will expire end of june this year.
They did not object previous dependency. But, yes I was supporting them and sent evidence of support for the ladt 7/8 years.

[rohangk83]

If they were dependant then how did they managed to obtain visitor visa? As for visitor visa mostly UKVI checks finance. Anyway, if you can demonstrate that your wife's employment is genuine (Salary + taxes) and your parents are dependant on you/your wife to meet their essential needs and you are able to support them and it should ok I guess. Even if they were required to leave, they would be eligible to file EEA FP immediately from outside.

[masifqadeer]

Shall we appeal? Can they stay in country while waiting for the appeal outcome?

[secret.simon]

There are two separate issues here. Let us separate them and analyse them distantly and dispassionately, in the cold light of day.

Firstly, your wife needs to prove that she is exercising treaty rights, in her case, by working. Did she submit P60s and salary slips, ideally for multiple years?

Employer doesn't have website or land line number what is our fault in this?

If it is a learning centre, or indeed any company providing services to the wider public, it is not inconceivable in this day and age to expect it to have a functional web presence and landline no.

The Home Office may have come to the conclusion that the company was to create appearances that the wife was working.

As the letter makes clear, the burden of proof is on your wife to prove that she is working, not on the Home Office to prove otherwise.

In line with regulation 7(1)(c) of the Immigration (European Economic Area) Regulations 2006, to be treated as a family member of an EEA national you must be, 'dependent direct relatives in his ascending line or that of his spouse or civil partner.' Unfortunately you have failed to provide sufficient evidence to show that you are dependent on your EEA national sponsor.

This is the second aspect of the application that you need to look at.

Parents do not get automatic rights under EEA law. They only get rights if they prove that they were dependent on the EEA citizen.

If they prove dependency, they are treated as "direct family members".

If they can not prove dependency, they can be treated as "extended family members", a different category under the EEA Regulations, if they can prove that they have been members of your household. However, membership of the household does mean that you need to prove that they lived in your household i.e. that you were the head of the household and that they lived with you in that household. Just living together in the same house does not cut the mustard.

Whichever way you want to play it, whether you want them as dependent parents or as members of your household, you need to provide proof of either sets of facts. It is not assumed that parents are dependent on their children.

You should reapply addressing these two specific points with more proof.