Dear all,
I write you on this topic to seek your guidance dealing with Family Permit Refusal for the mother-in-law (mother of my wife). I hold French passport and we were applying for a UK Family Permit for her. I post the refusal decision letter below :
You have stated that you propose to accompany XXXXX in the United
Kingdom who is a French national. You have provided evidence that they hold an French
passport. You have provided evidence that they are married to YYYYY who is
your daughter
From 1 February 2017 the rights of extended family members only applies to relatives of the
EEA national and not to relatives of the EEA national’s spouse or civil partner. This means
that an extended family member can no longer rely on their relationship to the EEA
national’s spouse or civil partner in order to meet the requirements of regulation 8. Instead,
they must show that they are related to the EEA national.
Only those family members referred to under Article 2 of the Directive 2004/38/EC have an
automatic right to join or accompany an EEA family member to another member state when
that EEA national is exercising a Treaty right.
Article 3 of Directive 2004/38/EC provides the basis for a member state to consider other
relatives, such as ‘extended family members’ and determine the terms of entry and
residence to such ‘beneficiaries’ in accordance with their own domestic legislation. (Article
3(2)).
The United Kingdom has transposed the terms of Article 3 into Regulation 8 of the
Immigration (European Economic Area) Regulations 2016. As Regulation 8(4) makes clear,
the United Kingdom is allowed to set terms on when it will accept extended family members
and allow them to reside in the United Kingdom as family members of an EEA national.
On the evidence submitted in support of your application and on the balance of probability I
am satisfied that you do not qualify to be considered as an extended family member of
XXXXXX. I am therefore not satisfied that you are an extended family
member in accordance with Regulation 8(2) of the Immigration (European Economic Area)
Regulations 2016.
I therefore refuse your EEA Family Permit application because I am not satisfied that you meet
all of the requirements of regulation 12 of the Immigration (European Economic Area)
Regulations 2016.
Your application does not attract a right of appeal under regulation 36 (3) of the Immigration
(European Economic Area) Regulations 2016.
I am very confused about this decision because the mother-in-law does not fall under the "extended family member" category defined by the regulation 8 quoted by the officer, because she is in the category "Family Member" defined both by the regulation 7-1-c "dependent direct relatives in A’s ascending line, or in that of A’s spouse or civil partner." (reference http://www.legislation.gov.uk/uksi/2016 ... gulation/7), as well as in the category "Family Member" by the Article 2 of the Directive 2004/38/EC giving her automatic right to accompany me in the UK. This is something they say in their own letter of refusal.
We supplied all necessary evidence to prove our relationship (they are OK with that according to their first paragraph), and we were living under the same roof for years here in France, and we provided documents to prove different aspects of financial dependency.
Which means that the officer is obviously mistaken about her category???
I tried to reply on their email address, but unsuccessful, as they are sending their passport back.
Therefore I am looking for your advice about what to do now : as we were planning our complete removal in two weeks with our entire family (I am starting a new job there in the UK and we will have no more home here in France) we are all put in a very tricky situation. According to their letter, we are even not given right to appeal their decision!
Please help, many thanks in advance,
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