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Euss family permit refused-urgent

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

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43211
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Joined: Fri Apr 01, 2022 1:40 pm

Euss family permit refused-urgent

Post by 43211 » Fri Apr 01, 2022 2:18 pm

Hello, I am the british sponsor. I recently applied to EUSS family permit for my husband. We however got refused due to not being able to prove self sufficiency. I had given them my bank statements from during the time we had been together. This is what they wrote on the refusal letter.

____________
to qualify for eu settlement scheme family permit as a family member of a qualifying British citizen: you need to show that the qualifying British citizen:

lived for more than 3 months in the EEA host country and exercised free movement rights there under EU law as a worker, self employed person, self sufficient person or student : immediately before returning to the uk or

acquired the right of permanent residence under EU law in the EEA host country, generally after 5 years continuous residence there as a qualified person, before returning to the uk.
you state that the qualifying British citizen was self sufficient in germany but you have not provided adequate evidence to confirm this. I have considered the bank statements.

I cannot be satisfied that the funds available across these statements are enough to be considered as self sufficient. Therefore you do not meet the requirements under appendix eu family permit as the family member of a qualifying British citizen.
__________

I wanted to appeal this decision and send most recent bank stateme ts as the funds have been increased and also to send my german id card as i hadn't before. My German ID card has 5 years till it expires. However I heard the appeal can take up to a year and that it may be better to re apply.

I wanted to know if when I apply again, if it is alright to sent latest 3 or 4 bank statements to prove self sufficiency. The problem im having is that everything is in my husbands name,. Including rent contracts, bank statements and so on and not in my name. Which Is why we did not send those. I would appreciate any advice. I am very devastated that the euss family permit was refused and any advice would be appreciated.

also march 29th was the deadline to apply however that date has passed. When I apply again, should I tell them that I had been refused once and was getting more evidence to prove self sufficiency which is why I couldn't meet the deadline.

Also this is what it says regarding an appeal on the refusal letter.

'You can appeal this decision to the first tier tribunal under the immigration rights appeal (eu exit) regulations 2020. You have 28 days from the day since you recieved this decision to appeal.

You can appeal on the basis that the decision is not in accordance with the EUSS family permit rules or that it breaches any rights you have under the withdraw agreement, the EEA EFTA separation agreement, or the Swiss citizens rights agreement. You may bring or continue an appeal from inside or outside the UK.

On the appeal form, it is asking for reasons for the appeal. I think this is the only area im not sure whta to write.
Should i write that

there was no minimum stated for self sufficiency? And that I have other documents however they are not in my name which is why they were not given. The other evidence I have is recent bank statements which i have sent along with the appeal.

Also can you please tell me if the correct form to appeal euss family permit from outside UK is IAFT6 and according to what the refusal letter says

Any advice is appreciated. Thank you

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