EEA family permit refusal after expiring one

[amro2012]

hi all,
I am getting mad of ECO, Am EEA citizen and have permanent residence card . I did applied for my dependent father who is non EEA NATIONALS for EEA family permit and it been refused twice IN 2014 however IN 2015 by first tier court I won appeal and he joined me in 2015 and lived with me here and has GP registration and NINO.
IN 7/ 2016 for medical reason he had to return to my home country for health reasons and we did not apply for residence card when he was here.

on 29/11/2017 he applied for EEA FAMILY as his previously one expired. I was shocked to get refusal and reasons
1- that no evidence that I am practise treaty rights in uk even I submit my employment contract and certified copy of permanent residence they needs payslips or bank statement to show my salary

2-no evidence to proof parental relationship TO MY DAD which been proofed on previous appeal

3-no evidence of dependency however it been confirmed by judge before as my father living alone and in pension after death of my mam with no relatives in home country and economically dependent on me even it states that on award notice

could you please anyone advise with the best action to do as its unfair decision and very distressful

also do I need to provide proof that I am practising treaty rights even when I have permanent residence?

if am on unpaid parental leave and getting carer allowance can it be consider as valid proof?


I will appreciate help to understand what next step I should take.

all the best

[amro2012]

one more question

can I ask Eco for administrative review or its only appeal accepted.


Regards

[Obie]

For EEA family permit, you will need to exercise your right of appeal, as there is no administrative review.

[amro2012]

thanks obie

what you advise as I already has previous appeal award for the same refusal?

any help regarding the rest of my questions

thanks again

[Obie]

As you have PR no need to show Treaty rights.

The appeal decision will assist you in this case, but i do not believe they will overturn their decision because of that, giving the way they are behaving at present.

[Larose]

Hello,
I am really sorry for you and your father, I hope you will have it next tume.
Sadly I am today approximately in the same situation. My husband is an eea natinal living and working in the uk since 3 years now.
We have been married since almost 8 years I have double nationality from him and a resident card of 3 years form eea country as his spouse.

I applied for eea fp to travel with my husband and live with him in the UK on 11,28,2017. In jordan.

A provide.
My jo passport
Copy of my other nationality passport showing schengen visas.
Eu marriage certificate and jordanian MC.
His EU ID and passport photocopies.
Copy of my polish RC
His residential certificate
6 months of his pay slips
Proof of his Hcbc registration process( cause his a DR)
Photos and chat of us.

The refusal was on 12,18,2017.

They didn't call me to any interview saying that the documents that I provided were enough to make a decision.

They said in the refusal:
*You said you will travel with your husband.you have provided a MC as evidence and I am satisfied that the relationship is as stated.

*on your application you state that the sponsor is employed by the*******and you have provided payslips from this employer stating that his salary is paid into his bank statement to evidence his salary deposit as claimed.this leads me to doubt that his stated employment is genuine and without further evidence to corrborate this I am not satisfied that he is an EEA Natinal exercising his treaty rights in the UK.

You have failed to provide evidence that ur EEA natinal family member is a qualified person in accordance with the regulation 6 of the immigration(EEa) regulation 2016. I am, therefore, not satisfied that your EEA natinal family member is residing in the uk in accordance with the immigration eea regulation 2016.

I view of ur failure to provide satisfactory evidence I am not satisfied that u are the family member of an eea national in accordance with the regulation 7 of the immigration eea regulation 2016.

In therefore refuse ur eea fp application because I am not satisfied that you meet all of the requirements of regulation 12 of the immigration eea regulation 2016.

Any help or advice pls??!

I have the right to appeal. I have 28 days after the decision for an appeal.
I am in a very bad situation my husband is in a country I am in another we spend a lot of money on visiting trips. We are going straight to a divorce because of our difficulties. I am unemployed since more than a year and financialy dependent to him most of the time.

I am so mad and don't know what to do. If someone here have any knowledge in that and could help us. It will be really appreciated.

Thank you in advance for your time and consideration.

Kind regards,

[Larose]

Also as supporting documents we provided.
His original p60 and copy of p45.
Cover letter written and signed by my eea national husband.
His 2 business cards printed by his employer.

[amro2012]

thanks obie

could you please refer me to where it says that EEA Nationals with permanent residence will not need to submit evidence of treaty rights ,so I can copy it to the ECO.

Regards

[Obie]

An EEA national with Permanent Right of Residence under Regulation 15 meets the requirement of Regulation 12(1)(a)(i).

Anyone who deals with this area of law and knows what they are doing will understand that.

[amro2012]

Thanks obie,

I prepare new application with supporting documents and copy of first tier decision award

Let's see what they want, for your knowledge i won the first appeal by myself attending oral hearing without any Solicitor and my father been issued EEA family permit by judge order.

I will post updates once submit new application.

Thanks for high professional help

[Obie]

Thanks obie,

I prepare new application with supporting documents and copy of first tier decision award

Let's see what they want, for your knowledge i won the first appeal by myself attending oral hearing without any Solicitor and my father been issued EEA family permit by judge order.

I will post updates once submit new application.

Thanks for high professional help

Good for you, I hope you will meet a good and favorable judge as you did before.

[amro2012]

Thanks it seems that ECO can do whatever he wants because he knows it takes time to have court hearing appointment.

Is there any way that i can submit complaint as here ECO saying there is no evidence for my parental relationship while it been proofed by judge how it come my dad is no any more my dad.

Thanks

[Obie]

The is a limit to how much you can rely on the last judgement.

I am prepared to accept that your father may win on the question of whether you are residing in the UK in accordance with the EEA regulations and whether he is your father.

However dependency is dynamic and not static, as opposed to a finding that a person's marriage is not one of convenience, which can never be revisited under EU law, unless a compelling evidence is obtained.

I don't know your circumstance, but your last appeal on its own cannot result in your dad succeeding, It may help, that fact is not in dispute, but it cannot be the sole determining factor to success.

[amro2012]

I do agree with you that the dependency is the issue and i will try to scan and post the judge decision about accepting my father as dependent on me.
My father age 67 widowed no relatives in home country.
Only income through state pension, health problems.

There is no changes to the above situation since the appeal however he lived with me here in uk nearly one year, he only was in visit to his home country for medical reasons and couldn't come back .i have transferred through bank account £1000 to help him.

Regards

[Obie]

I wish you all the best for the future.

[amro2012]

Thanks obie for your support

I wonder if there is here on forum supporting letter form with list of supporting documents for EEA family permit for dependant parent. That will be helpful if also there is reference to law or regulations that the only documents required.

[amro2012]

Hi All,

Could I please have help here if possible

Does it matter for Entry clearance officer if the E EA national is working part or full time in order to be qualified person.
In my case currently working as part time by doing 20 hours and salary 15300 annually?

Also am receiving carer allowance.
Do i need to submit evedience to proof my income even with holding EEA permanent residence .

Please advise as i will need to submit the application

[amro2012]

Hi All,

Please anyone able to clarify,

1-am i still need to demonstrate that am qualified (Regulation 6 of EEA European regulations)person even after having PR in UK under European law?

2- being on part time and low salary can be accepted as qualified person when sponsor dependant parent

3- being a full time carer can be counted as qualified person under European law .

Please any help to clarify this confusion is highly appreciated.

Thanks

[secret.simon]

1-am i still need to demonstrate that am qualified (Regulation 6 of EEA European regulations)person even after having PR in UK under European law?

You do not need to demonstrate that you are qualified if you already hold PR. To sponsor a non-EEA citizen, you need to be either a qualified person OR a person that hold PR in the UK.

3- being a full time carer can be counted as qualified person under European law

I am fairly confident, but not certain, that the answer to that is No. Being a full-time carer on its own does not count as being a qualified person. Of course, a full-time carer would count as a qualified person if s/he has Comprehensive Sickness insurance (private health insurance) and is self-sufficient.

[amro2012]

Hi simon,

Thanks for your response,

ECO Refused to issue EEA family permit for my dependant father by saying i failed to demonstrate that i am qualified person, even I did submit my EEA permanent residence and employment contract

In the refusal decision he said that I did provide only employment contract without extra evidence as employer letter or payslip to show my salary .

Will be great help to let me know where it mentioned according EEA European regulations that EEA national with PR according to regulation 15 meets the requirements for regulation 6 .so I will be able to challenge the decision.


Regards

[vinny]

(1)(a)an EEA national who has resided in the United Kingdom in accordance with these Regulations for a continuous period of five years;

(3) The right of permanent residence under this regulation is lost through absence from the United Kingdom for a period exceeding two years.

An EEA National with PR satisfies

(i)is residing in the United Kingdom in accordance with these Regulations

when PR is not lost nor revoked.

Moreover,

(2) A person (“P”) who is a family member of a qualified person residing in the United Kingdom under paragraph (1) or of an EEA national with a right of permanent residence under regulation 15 is entitled to remain in the United Kingdom for so long as P remains the family member of that person or EEA national.

is also satisfiable.

As confirmed in their Free movement rights: direct family members of EEA nationals Guidance:

Direct family members have an automatic right of residence in the UK for as long as they remain the family member of that EEA national and that person is either:
 entitled to reside in the UK for an initial period of 3 months
 a qualified person
 has a right of permanent residence

Unfortunately, their EEA family Permit Guidance included only qualified persons.

• evidence that the EEA national is either:
o residing in the UK in accordance with the 2016 regulations as a qualified person – the evidence required in such cases would depend on the basis that they are claiming they are a qualified person
o will be travelling to the UK within 6 months of the date of application – evidence to show this may include, but is not limited to, flight bookings to the UK and hotel bookings in the UK

This is clearly a mistake in the EEA family Permit Guidance that the ECO did not spot. The last condition relates more to the family member and should have been preceded by an “and”. Else, it suffices for the EEA National to be traveling to the UK within six months of the date of the application! No need for the EEA National to even be a qualified person at all, even beyond the three months initial right of residence period.

Therefore, there should be two more options as above following the ‘either’ that relates to the EEA National.

Interestingly, the old Entry Clearance Guidance also forgot to include EEA nationals with PR, but did include the three months initial right of residence.

the EEA national is residing in the UK in accordance with the EEA Regulations (as qualified person (exercising treaty rights) if more than 3 months) and the non-EEA national is joining them; or the EEA national intends to travel to the UK within 6 months and will have a right to reside under the Regulations on arrival, and the non-EEA national will be accompanying or joining the EEA national; and

[Obie]

Please continue here OP.

[vinny]

Thanks, Obie.

Posts merged.

[vinny]

I more or less repeated what Obie wrote.

[Obie]

But surely the guidance is not the law of the land.

I don't read regulation 12 as requiring even an EEA national with permanent residence to be a qualified person.

That will be a really odd situation.