I have been in the Uk for more than two years holding student dependant visa with my wife who is a student and two children, one given birth in the UK. But since arriving Uk, we have been living with my bother who is a French National in the same house, My brother have since being support us generally and he want me and my family to switch our residence to Extended Family Member of an European Union exercising treaty right in UK.
I indeed apply sponsored by my brother and my application was acknowledged within three days of my application. but on the 24th of last November l received a letter from the HO requesting me to forward the followings.
The HO letter reads:
* to enable the application to be considered, you should send to this office the following
- Evidence that [ my brother] is in employment. this should be in the form of the last 6 months payslips and an employer's letter dated within the last month.
And
- Any other information that you deem relevant.
we sent the letter from his employee and his payslips and some other document from my employee as well and some prove concerning my little boy which they initially claimed is married at the age of one year old and my certified registration of birth issued from Nigeria.
To my surprise l got a letter from the HO last Friday 23rd of March stating that my application has been refused on the grounds that l have not provided evidence in the form of:
* A marriage certificate / birth certificate / civil partnership certificate as evidence that you are related as claimed to an EEA national.
You have therefore failed to provide evidence that you are entitled to rely on the provisions of the immigration [EEA] Regulations 2006.
That the application is therefore refused and that there is no right of appeal against this decision.
Then in the following paragraph in the same letter it was stated that as follows:
If you consider that you have a right to reside in the United Kingdom as a
matter of European law and are in a position to submit the necessary information to support your application for a residence card as recognition of that right of residence you may wish to submit a further application which will then be considered in due course.
Base on this paragraph, l need your advise on what to do, and what document they really want me to submit as proves of my relationship to my brother because they returned the certified birth registration certificate that was sent to them since my original birth certificate had got lost. Though they retained all my other documents and my passport.
What documents can l present as a prove of our relationship and what should l do because they said l should leave the UK within 28 days despite the fact that my dependant visa expires next year.
l need your support because l know l can prove them wrong but what and what do they need from me.
I have taken the following steps in asking for old family pictures that the family took back in Nigeria and some family document that gives general information about the entire[ FAMILY TREE ] that will show them the history of the entire family and how our father evolved from the family tree from one generations to the other, also l have called on the Nigerian High Commission in London and they asked me to bring the Certified true copy of my birth registration for authentication back up with a letter from the High Commission. as a prove of my identity l intend sending the Identity Card Issued to me by the HO as well.
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[/color]Please let me know if am on the right track.
