EU Settlement Scheme - Extended Family member Application Refused

Hi helpful people,

I'm an EU citizen on a pre-settled status in the UK since apr 2019 self employed and my brother was a full time student in the UK since Sep 2018 i was not in the UK at this time but was the financial sponsor of my brother for his tier 4 visa application.

We me and my family including parents decide to move to the UK before transition period which we did and applied under EU Settlement Scheme they have granted my parents application but refused my brother's stating below:

Your application has been assessed on the basis of Article 9 of the said agreement whereby the relative definition of an extended family member makes reference to Directive 2004/38.
In order that a person is eligible for such status, the said provision refers to the fact that for admittance into UK must have been granted facilitation prior 31' December 2020. In this regard it is to be remarked that such facilitation was never granted to you in view that you were never a dependent of your brother prior to moving to UK.
Indeed, you came to UK for the purpose of study in 2018 and you were granted a residence permit on the Tier4. Your request to be considered as a dependent of your brother was made subsequently such arrival, and after having been studying in UK on your personal capacity since 2018. In these circumstances your application is therefore being refused.

I wanted to appeal against this decision because I was supporting my brother before starting his studies in the UK have supporting bank statements and Western Union money transfers confirmations since year June 2017 which proves that the dependency started way before the end of the transition period that is 31st December 2020, and the case worker should only consider the transition period deadline and cannot ignore the fact that

a. we were living in the UK before 31 December 2020 and since April 2019
b. Provided evidence of our relationship (Birth Certificates).
c. Provided evidence of financial dependency.

any thoughts or any help in the appeal will be much appreciated.

Regards,

Hello,
Did your brother come to the UK on EU Family permit, or was it a student visa?

Student visa

NatCam wrote: ↑

Fri Nov 19, 2021 9:34 am

Hello,
Did your brother come to the UK on EU Family permit, or was it a student visa?

His first entry clearance was in Tier4 student visa to study BSc and i was not exercising my treaty rights at that time but was the financial sponsor.

moderators anyone?