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EEA Permit refused for my Daughter,please I need help

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Re: EEA Permit refused for my Daughter,please I need help

Post by CR001 » Mon Nov 28, 2016 1:05 pm

noajthan wrote:Posts merged.
Again!
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Re: EEA Permit refused for my Daughter,please I need help

Post by noajthan » Mon Nov 28, 2016 1:10 pm

Sponsor needs to show she is a qualified person with genuine and effective work if working.

Suggest you get up to speed with treaty rights so you understand what you're aiming for before applying for FP.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Re: EEA Permit refused for my Daughter,please I need help

Post by Obie » Mon Nov 28, 2016 1:17 pm

All the DNA test that has been done for client , has the ID and names of every party, from whom a sample was obtained. Their photographs is put on the report compiled.

It may be the case that a certified UKVI provider was not used.

The proper DNA result is unimpeachable. No one can question it as it is clear the test provider undertook proper checks and balance.
Smooth seas do not make skilful sailors

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Re: EEA Permit refused for my Daughter,please I need help

Post by Flickers » Mon Nov 28, 2016 1:27 pm

Obie wrote:All the DNA test that has been done for client , has the ID and names of every party, from whom a sample was obtained. Their photographs is put on the report compiled.

It may be the case that a certified UKVI provider was not used.

The proper DNA result is unimpeachable. No one can question it as it is clear the test provider undertook proper checks and balance.
The DNA Company is an accredited DNA test provider(Anglia DNA)ECO has acknowledge this, they just all about needing evidence, thanks for your response.

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Re: EEA Permit refused for my Daughter,please I need help

Post by Flickers » Mon Nov 28, 2016 1:29 pm

noajthan wrote:Sponsor needs to show she is a qualified person with genuine and effective work if working.

Suggest you get up to speed with treaty rights so you understand what you're aiming for before applying for FP.
She has lived in the UK 8 and half years and She does have PR, She started College this September,so you mean temporary job does not class as working?

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Re: EEA Permit refused for my Daughter,please I need help

Post by Obie » Mon Nov 28, 2016 1:34 pm

Flickers wrote:
Obie wrote:All the DNA test that has been done for client , has the ID and names of every party, from whom a sample was obtained. Their photographs is put on the report compiled.

It may be the case that a certified UKVI provider was not used.

The proper DNA result is unimpeachable. No one can question it as it is clear the test provider undertook proper checks and balance.
The DNA Company is an accredited DNA test provider(Anglia DNA)ECO has acknowledge this, they just all about needing evidence, thanks for your response.
They are required to provide you with a comprehensive report.

I have done many entry clearance and in country appeal where Anglia was accepted. They provideo a report . Showing mother father and child. ID of the people they took samples from, their claimed relationship to each other, whether the test prove their claim, the DOB of the person's. They have never requested a lawyer. You have to insist that they give you everything as they are legally bound to. The test cost several hundreds of pounds. Nearly 1k. So they have to do a proper job.
Smooth seas do not make skilful sailors

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Re: EEA Permit refused for my Daughter,please I need help

Post by noajthan » Mon Nov 28, 2016 1:41 pm

Flickers wrote: She has lived in the UK 8 and half years and She does have PR, She started College this September,so you mean temporary job does not class as working?
If sponsor is settled then she simply needs to demonstrate that. No need to exercise treaty rights any more.
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Re: EEA Permit refused for my Daughter,please I need help

Post by Flickers » Mon Nov 28, 2016 1:47 pm

Obie wrote:
Flickers wrote:
Obie wrote:All the DNA test that has been done for client , has the ID and names of every party, from whom a sample was obtained. Their photographs is put on the report compiled.

It may be the case that a certified UKVI provider was not used.

The proper DNA result is unimpeachable. No one can question it as it is clear the test provider undertook proper checks and balance.
The DNA Company is an accredited DNA test provider(Anglia DNA)ECO has acknowledge this, they just all about needing evidence, thanks for your response.
They are required to provide you with a comprehensive report.

I have done many entry clearance and in country appeal where Anglia was accepted. They provideo a report . Showing mother father and child. ID of the people they took samples from, their claimed relationship to each other, whether the test prove their claim, the DOB of the person's. They have never requested a lawyer. You have to insist that they give you everything as they are legally bound to. The test cost several hundreds of pounds. Nearly 1k. So they have to do a proper job.
I will contact them again, but if they do provide me can this be enclosed with the application and please Obie, as my wife now has a temporary job and studying at same time will that answer the question of being self sufficient or I should declare I support her? Thanks for all your advise.

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Re: EEA Permit refused for my Daughter,please I need help

Post by Flickers » Mon Nov 28, 2016 1:49 pm

noajthan wrote:
Flickers wrote: She has lived in the UK 8 and half years and She does have PR, She started College this September,so you mean temporary job does not class as working?
If sponsor is settled then she simply needs to demonstrate that. No need to exercise treaty rights any more.
This is funny, ECO acknowledges the fact She does have PR, but still insisting She is not self sufficient, this is where I'm confused...

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Re: EEA Permit refused for my Daughter,please I need help

Post by Obie » Mon Nov 28, 2016 1:53 pm

ECO indeed made an Error in regards to PR, but that error is immaterial , if he said I would have been entitled to refuse anyway as I am not satisfied about relationship anyway, which is the first step to a successful application.
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Re: EEA Permit refused for my Daughter,please I need help

Post by Flickers » Mon Nov 28, 2016 1:56 pm

Obie wrote:ECO indeed made an Error in regards to PR, but that error is immaterial , if he said I would have been entitled to refuse anyway as I am not satisfied about relationship anyway, which is the first step to a successful application.
So, whats your advise, put in a new application with CIS including all family members, her work contract including all documents that has been used, like Marriage Cert,DNA and all other required documents.

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Re: EEA Permit refused for my Daughter,please I need help

Post by Obie » Mon Nov 28, 2016 2:02 pm

My views, given the fact of this case, is that the ECO does not wish to grant the application. You have to consider the possibility of lodging an appeal in tandem with any future application.

If notwithstanding Anglia DNA test they continue to make excuses, it shows they have no interest in granting the EEA family permit.
Smooth seas do not make skilful sailors

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Re: EEA Permit refused for my Daughter,please I need help

Post by Flickers » Mon Nov 28, 2016 2:08 pm

Obie wrote:My views, given the fact of this case, is that the ECO does not wish to grant the application. You have to consider the possibility of lodging an appeal in tandem with any future application.

If notwithstanding Anglia DNA test they continue to make excuses, it shows they have not interest in granting the EEA family permit.
Thought so, Appeals are quite expensive these days. Why the ECO is doing all this I have no clue, I have spent a lot to get the DNA test done from a firm accredited by the Home Office and why all this excuses I have no clue and this is causing me and my family stress because my daughter keeps asking why why why, I have no answer. Do you do represent clients during appeals and if you do can you PM me so we can talk, as I am putting in a new application next Friday,if things does not go as planned then Appeal will be the last resort. Because anytime I read the reasons the ECO gives I get upset.

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Re: EEA Permit refused for my Daughter,please I need help

Post by Obie » Mon Nov 28, 2016 2:13 pm

The possibility of a paper appeal is open to you aswell. This cost only £80. So things are not quite as bad as they were last week, and in cases like this, Home Office tends to withdraw.
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Re: EEA Permit refused for my Daughter,please I need help

Post by Flickers » Mon Nov 28, 2016 2:16 pm

Obie wrote:The possibility of a paper appeal is open to you aswell. This cost only £80. So things are not quite as bad as they were last week, and in cases like this, Home Office tends to withdraw.
Brilliant, so Should i wait for the decision for the new application before making an appeal and If i want to make an appeal, can I seek advise from you or does it cost anything for you to put in paper appeal?

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Re: EEA Permit refused for my Daughter,please I need help

Post by Flickers » Mon Nov 28, 2016 2:19 pm

Flickers wrote:
Obie wrote:The possibility of a paper appeal is open to you aswell. This cost only £80. So things are not quite as bad as they were last week, and in cases like this, Home Office tends to withdraw.
Brilliant, so Should i wait for the decision for the new application before making an appeal and If i want to make an appeal, can I seek advise from you or does it cost anything for you to put in paper appeal?
Or can I appeal and same time put in the application?

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Re: EEA Permit refused for my Daughter,please I need help

Post by Obie » Mon Nov 28, 2016 3:01 pm

You are not precluded from appealing and applying at the same time.
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Re: EEA Permit refused for my Daughter,please I need help

Post by Flickers » Mon Nov 28, 2016 3:21 pm

Obie wrote:You are not precluded from appealing and applying at the same time.
Thanks Obie,can you advise me on how the appeal works, just put in documents and a cover letter to back up the appeal?

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Re: EEA Permit refused for my Daughter,please I need help

Post by Flickers » Mon Dec 19, 2016 2:54 pm

Hello all, I have been able to make a new application for EEA Family Permit for my daughter, ECO requested for evidence of DNA i have been able to get that from the DNA company and also included all family members in the Comprehensive Sickness cover, one reason the ECO gave was that my wife is a student not working meaning she has to show evidence she is self sufficient, She started working after visa refusal but I did manage to put her first pay slip included in the application, my question is this. Will it matter if is just a month pay slip or it does not matter as She now works? Please guys help to answer my questions.

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Re: EEA Permit refused for my Daughter,please I need help

Post by Flickers » Fri Jan 06, 2017 10:16 am

Can I get some advise here please guys, please. My daughter has been refused the 3rd time for EEA Permit, same reason ECO is given, even after providing all they asked for. DNA Evidence, Sickness Cover, and even pay slips She now works, they still gave same reasons and never bothered checking documents submitted. Now I want to appeal, which is better with hearing or without? Please guys I need advise, please.

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Re: EEA Permit refused for my Daughter,please I need help

Post by vinny » Fri Jan 06, 2017 11:08 am

Once an EEA national has acquired PR, there is no requirement to demonstrate that the EEA national is a qualified person.

Mere presence in the UK, and not being absent for more than two continuous years, is sufficient for the EEA national to sponsor a family member under the EEA regulations.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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Re: EEA Permit refused for my Daughter,please I need help

Post by Obie » Fri Jan 06, 2017 11:12 am

Obie wrote:My views, given the fact of this case, is that the ECO does not wish to grant the application. You have to consider the possibility of lodging an appeal in tandem with any future application.

If notwithstanding Anglia DNA test they continue to make excuses, it shows they have no interest in granting the EEA family permit.
Smooth seas do not make skilful sailors

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Re: EEA Permit refused for my Daughter,please I need help

Post by CR001 » Fri Jan 06, 2017 11:17 am

Could you post the exact words of the refusal letter (taking out any personal identifiable information)?
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Re: EEA Permit refused for my Daughter,please I need help

Post by Flickers » Fri Jan 06, 2017 11:18 am

vinny wrote:Once an EEA national has acquired PR, there is no requirement to demonstrate that the EEA national is a qualified person.

Mere presence in the UK and not being absent for more than two continuous years is sufficient for excerising treaty rights.
Thanks, i thought as much, 3 times they refused. I am putting in an appeal...which you suggest, hearing or none hearing?

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Re: EEA Permit refused for my Daughter,please I need help

Post by vinny » Fri Jan 06, 2017 11:46 am

Choose oral hearing whenever possible.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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