What can i do pls?

[Fabby]

Hello, i salute you. Pls, i need ur urgent advice regarding EEA family permit (VAF5) for my mum. she applied for EEA family permit and was refused without any reason given. Before applying for EEA family permit,she has a 2 years visiting visa which still has about 1 year remaining to expire. This visa was revoked.

Infact, this is what the ECO wrote on the refusal letter :

you were originally issued a visit visa on 02/06/2013 however subsequent information has come to light. I note that you have applied to settle in the UK as an EEA family member on 04/07/2012.

Im satisfied that in respect of ground 30A (ii) whether a change of circumstances since the entry clearanace was issued has removed the basis of the holders claim, to be admitted to the UK.

There is no right of appeal.

Pls, can tell me what this mean and what steps i need to take. your advice will be highly appreciated.

Regards,

Austin.

[Lucapooka]

It seems they have curtailed the long-term visit visa because she does not wish to visit the UK, rather she wishes to settle there with you. Hindsight is a wonderful thing, but entering the UK with that visit visa and then applying under EU rules from inside the UK would have been easier than applying for an EEA permit. Not that I'm suggesting it would have been a successful RC application from inside the UK, as that is not clear from the very little you have stated. Generally people who have been granted long-term visit visas have already proven they are not dependant on the people in the UK whom they wish to visit.

[EUsmileWEallsmile]

More information is required if you are going to get meaningful advice. Which of the two options here applies to you?

Option 1

What nationality do you hold?
What do you do in the UK ( eg worker, self-sufficient).

Option 2

If not EU, what nationality is your spouse?
What does your spouse do in the UK?

Now, how is your mother dependent on you? She must be dependent to benefit from the directive.

[Fabby]

Thanks a lot for your replies. Im a Nigerian and my wife is polish. Ive RC and my wife is working and therefore exercising her treaty rights. we have 2 kids.

I and my wife requested my mother to join us in the United Kingdom. I am the only son of my mother and had been responsible for her upkeeps together with my wife hence my request for her to join us and live with us.

I have a strong bond with my mother being the only son of my mother in a culture where it is believed that a woman’s acceptance in her husband’s family or among her husband’s people depends on her having male children. Being my mother’s only male child brings with it the responsibility of looking after and taking care of her wellbeing. These responsibilities my wife and I have being carrying out and most times it is psychologically draining when, because of distance, I am not readily available to take adequate care of her. My wife and I spend alot of money on phone calls and sometimes video calls just to make sure that she is o.k.

My wife is from Poland and do not intend to visit Nigeria soon for fear of what she hears and reads happening in Nigeria and also her skin colour. She also fears for me. We have children who adore their grandmother and would be delighted to have their grandmother look after them rather having friends or childminders look after them as it is the case now.

My mother being around will give us a settled mind and my wife and I would be able to work full time knowing quite well that our children in being looked after by their own person.

However, this why i want my mother to apply for EEA Family permit as a Dependant Direct Relative in the ascending line so that she can stay with us for upto 8months.

Pls, GURUs what do advice us to do now as her visiting visa has been revoked.

[EUsmileWEallsmile]

Thanks a lot for your replies. Im a Nigerian and my wife is polish. Ive RC and my wife is working and therefore exercising her treaty rights. we have 2 kids.

Firstly this is good, your wife is working. It means that you qualify under the terms of the directive and can have your dependent mother join you.

What you need to concentrate on your mother's dependency. I don't have experience of this, but if you are patient others may be able to help.

[EUsmileWEallsmile]

There is some case law on dependency here.

http://www.bailii.org/uk/cases/UKUT/IAC ... donia.html

[EUsmileWEallsmile]

Also read this, page 6 2.14

http://eur-lex.europa.eu/LexUriServ/Lex ... FIN:EN:PDF

[thsths]

Hello, i salute you. Pls, i need ur urgent advice regarding EEA family permit (VAF5) for my mum. she applied for EEA family permit and was refused without any reason given.

I cannot quite follow this. They must give a reason, and usually they give a number of reasons, even if some of them are rather far fetched. The reason is that an appeal depends on these reasons - and with no reason given your appeal would nearly automatically be successful.

So check the reasons, and then you know how to proceed. Applying again with better evidence is probably the easier route, unless you are afraid of another refusal, in which case the appeal may be the better route. You can do both at the same time.

I think the key is the dependence. If your mother is financially dependent on you, that should be sufficient, but there is an element of judgement involved.

[Obie]

I think it is very wrong that your mother was not given a reason for the refusal. Under EU law and even UK national law, there has to be a clear reason for refusal.

Regarding the revocation, i think they are alsoTh wrong. The fact that someone applied for an EEA family permit is not a vaild circumstance that merit revoking their visa, when they have never violated the conditions attached.

Try and establish from the post what the reasons for refusal and revocation are, if there are none and they continue to unlawfully insist there is no right of appeal, then seek JR.

[Fabby]

Thanks alot for your replies. I really appreciate them all. Concerning my mum EEA family permit, I honestly think that its very wrong that my mum was not given any reason for the refusal both under the EU law and UK national law.

Ive noticed that the date the ECO said he wrote the refusal letter was 27th march, 2007 ?. My mum submitted her EEA family permit application on the 4th of July, 2012. why 2007?

Also, the date the ECO said my mum was issued with a visiting visa was also wrong i.e 02/05/2013? this is the date my mum long term visiting visa was supposed to expire. Why are these people behaving like this?

However, I will write the post to seek answers to why:

1. the dates on the refusal letter was wrong.

2. what the reasons for the refusal and why was the long term visiting visa was revoked.

Hope they will reply me. i will let you know what their response is.

Take care.

[Fabby]

I think it is very wrong that your mother was not given a reason for the refusal. Under EU law and even UK national law, there has to be a clear reason for refusal.

Regarding the revocation, i think they are alsoTh wrong. The fact that someone applied for an EEA family permit is not a vaild circumstance that merit revoking their visa, when they have never violated the conditions attached.

Try and establish from the post what the reasons for refusal and revocation are, if there are none and they continue to unlawfully insist there is no right of appeal, then seek JR.

Hello Gurus,
My solicitor sent the post an email requesting an explanation as to why my mum EEA family permit was refused and why her long term visiting visa was revoked. In their response (post), the post only CORRECTED THE MISTAKE THEY MADE ON THE DATES ON THE LETTER AND NEVER GAVE ANY REASON FOR THE REFUSAL AND FOR REVOCATING THE LONG TERM VISA. THEY HOWEVER SAID THAT THEY MAINTAINED THEIR INITIAL DECISION.

My solicitor wrote the post again requesting them to make a decision on my mum eea family permit and given them one week to reply and if after one they didnt reply we will consider judicial review. The one week has passed and still no response from the post. My solicitor wrote them again today to chase up a response.

I want to know if my solicitor is doing the right thing.

Your response will be highly appreciated.

[Fabby]

I think it is very wrong that your mother was not given a reason for the refusal. Under EU law and even UK national law, there has to be a clear reason for refusal.

Regarding the revocation, i think they are alsoTh wrong. The fact that someone applied for an EEA family permit is not a vaild circumstance that merit revoking their visa, when they have never violated the conditions attached.

Try and establish from the post what the reasons for refusal and revocation are, if there are none and they continue to unlawfully insist there is no right of appeal, then seek JR.

Hello Gurus,
My solicitor sent the post an email requesting an explanation as to why my mum EEA family permit was refused and why her long term visiting visa was revoked. In their response (post), the post only CORRECTED THE MISTAKE THEY MADE ON THE DATES ON THE LETTER AND NEVER GAVE ANY REASON FOR THE REFUSAL AND FOR REVOCATING THE LONG TERM VISA. THEY HOWEVER SAID THAT THEY MAINTAINED THEIR INITIAL DECISION.

My solicitor wrote the post again requesting them to make a decision on my mum eea family permit and given them one week to reply and if after one they didnt reply we will consider judicial review. The one week has passed and still no response from the post. My solicitor wrote them again today to chase up a response.

I want to know if my solicitor is doing the right thing.

Your response will be highly appreciated.

Can somebody respond pls!

[Fabby]

Hello people, Im writing to let you know how far ive gone regarding mum eea family permit which was refused without any appeal right. I got a solicitor involved to write the embassy and this was the embassy response to my solicitor:

The embassy has replied to us with a decision on your mothers visa application, unfortunately they have refused the application. I have not had a chance to look at the decision yet, however there is an appeal right so it may well be the case that we will look to appeal it. We will only be able to appeal the case if the chances of success are greater than 50%, I will pass the decision to my supervisor and he will assess the prospects of success.

Please, what i want to know is that if my solicitor cant appeal the embassy decision because the appeal sucess chances is less than 50%, does it mean my mum will not be able to UK again?

[keffers]

What were the reasons given for your mother's Family Permit refusal?

[Fabby]

Hello Keffers, my mum applied for EEA family permit to join me and my wife and was refused without any reason given at first. Before applying for EEA family permit,she has a 2 years visiting visa which was sponsored by my sister. This visa still has about 1 year remaining to expire and was revoked.

Infact, this is what the ECO wrote on the refusal letter :

you were originally issued a visit visa on 02/06/2013 (date wrong). however subsequent information has come to light. I note that you have applied to settle in the UK as an EEA family member on 04/07/2012.

Im satisfied that in respect of ground 30A (ii) whether a change of circumstances since the entry clearanace was issued has removed the basis of the holders claim, to be admitted to the UK.

There is no right of appeal.

This was there first decision with no right of appeal but after we sent the embassy series of emails asking to them reconsider my mums application and if they insist they are not going to grant her the permit, she should be given the right to appeal. so later she was given the right to appeal with the following refusal notice:

You applied for a family permit as a family member of an EEA national. you stated that you wish to join your son xxxxxxxx who is married to xxxxx an EEA national. In other to establish that you are a family member you need to establish dependency upon the EEA national, which includes financial and social well being. Im not satisfied that you are dependant has claimed. I contacted you by phone and you confirmed that you reside in Nigeria with your husband and your niece (sisters daughters) to whom you are guardian in Nigeria. You also stated that you have 5 living children, 1 daughter in Nigeria and 4 others living in the UK. As evidence of financial dependency on your sponsor, you only provided 4 money trenfer slips. Furthermore, i notes that your son in the Uk has written a letter to support your application by stating that he would like you to settle in the UK in other to assist his family with child care.

I therefore refuse your EEA family permit because im not satisfied that you meet all the requirements of regulation 12 of the immigration regulation 2006.

Right of appeal given this time

What do you think?

[Directive/2004/38/EC]

Were all your mothers visa applications done after you married to your EU citizen spouse?

Has she paid to make any of the applications?

[Fabby]

Hello Directive/2004/38/EC thanks for your reply. These are the answers to your 2 questions:

1. The EEA family permit was done way after I got married to my EEA National wife but the revoked 2 years visiting visa was not (the revoked 2 years visit visa was sponsored by my sister).

2. She paid to make the 2 years visiting visa which was revoked by the ECO.

What do you think?

[keffers]

Initial thoughts:

I would have thought it possible to be dependant on an EEA national/spouse while at the same time having a visitors visa to visit a family member on whom you are not dependant.

Im satisfied that in respect of ground 30A (ii) whether a change of circumstances since the entry clearanace was issued has removed the basis of the holders claim, to be admitted to the UK.

The issue would be what was written in each application. The specific reasoning needs to be obtained.

There seems to be a contradition in the ECO's logic.

If the visit visa was revoked by a material change in circumstances, you need to find out what they are. If for example, the reason is because your mother is now dependant upon you, then why refuse the family permit application? If (as the ECO asserts) your mother is not dependant upon you then why revoke the visit visa?

[Directive/2004/38/EC]

The is UK law for traditional visas.
There is EU law for family members of EU citizens.

I do not particularly see a reason they are prevented from withdrawing the original visa, though it seems like a small minded needless thing to do. I guess they are implicitly suggesting that she should have just come to the UK and applied once in the UK for her Residence Card.

[Greenie]

The reason they have revoked the visit visa is because a visit visa is issued to someone who intends to visit the UK only- applying for a family permit in order to settle in the UK clearly does not meet with the purpose of the visit visa.