Post
by nahmed » Wed Oct 21, 2015 12:43 pm
Thanks Obie,
No, they haven't mentioned anything about legal/illegal entry as yet. The reason I asked is that they refused another member's review in a very similar case quoting that he was illegal in UK before entering IE via NI and that he entered IE illegally so we don't accept your dependency. My brother's entry and stay in UK was all legal or in appeals up to the point we entered IE, although without the FP.
Yes, I am trying my best to prepare all the paperwork. Have also hired services of an Immigration consultant (solicitor), although, in Ireland in my experience, as compared to UK, I don't find them of very much help other than handling the posts.
Nevertheless, I have incorporated your very helpful advice of explaining the whole position of dependency as they would not dissect it for us, the detailed reasons for it and that it was material and essential with folders full of genuine evidence.
Regarding household membership, again, followed your very helpful advice. Have started by proving the 2 addresses we stayed since 2010 were my households, with documentary evidence including property ownership documentation, home insurance, voters registration, tenancy agreements in my name, bank Stats & tons of other docs.
And then moved on to detailed explanation with proof that my brother was indeed part of my above households and have included tons of evidence from various different sources for it.
Honestly speaking Obie, I didn't think of our case being that complicated with him being genuinely dependent and also us living together for 5 years with all the paperwork covering the whole period. Its all there in the paperwork & I did think that he is genuine beneficiary of the directive only if I start exercising treaty rights in another state. However, they refused it as you know. The worst thing is that they don't even tell us what's missing or lacking. Aren't they supposed to justify the reasons for refusal? Simply says:
"You have failed to submit satisfactory evidence of dependence on the EU citizen including prior to residing in the State as requested in our letter of 11/03/2015. You have failed to submit satisfactory evidence that you are a family member of an EU citizen in accordance with Regulation 2(1) of the Regulations."
We did reply to that letter they are referring to and they even acknowledged receipt. Don't even know if this is a simple oversight from the case worker or do they actually think that the evidence submitted are not sufficient and hence they refused.
Have tried to cover both the oversight initially and then moved on with full-blown detailed review.
What can you make of the refusal @Obie? Any further help/pointers would be really appreciated.
Thanks in advance!
so what is your plan? moving to UK or settling here?