EEA Family Permit refused from Sheffield

lemarlemar121 · Post by **lemarlemar121** » Fri Apr 05, 2019 4:35 pm

Hi. I’m writing this on behalf of my mother. She’s 62 years old Belgium national. She gets full disability allowance in Belgium every month.
Now she wants to move to the uk if the brexit doesn’t happen by then.
My question is if she registers her self in the uk as resident can she apply for disability allowances directly or she have to prove some kind of tests?
Will she be able to claim housing benefits and stuff?

Thanks

JB007 · Post by **JB007** » Sat Apr 06, 2019 1:54 pm

lemarlemar121 wrote: ↑
Fri Apr 05, 2019 4:35 pm
Hi. I’m writing this on behalf of my mother. She’s 62 years old Belgium national. She gets full disability allowance in Belgium every month.
Now she wants to move to the uk if the brexit doesn’t happen by then.
My question is if she registers her self in the uk as resident can she apply for disability allowances directly or she have to prove some kind of tests?
Will she be able to claim housing benefits and stuff?

Thanks

The UK will not pay her benefits. It might be better to check what benefits Belgium will continue to give her if she moves to the UK.

If she moves as a jobseeker, the UK have now limited that to 6 months jobseeking only and will no longer pay benefits when EEA citizens arrive. After the first 3 months she can claim JSA of £71 a week but nothing for housing or any other benefit, but she will need to prove she is looking for jobs for at 35 hours a week. After that 3 months, her UK JSA benefit will end.

lemarlemar121 · Post by **lemarlemar121** » Sat Apr 06, 2019 2:26 pm

Thank you for your reply.
My other question was about her children accompanying her to the uk without family permit. What are the chances of 18, 19 and 21 years getting a visa at Calais border.

secret.simon · Post by **secret.simon** » Sun Apr 07, 2019 7:02 am

Are the children Belgian citizens as well?

lemarlemar121 · Post by **lemarlemar121** » Sun Apr 07, 2019 2:41 pm

No they are not Belgium national. They are Belgium residents dependent on her. They have ordinary residents cards.

lemarlemar121 · Post by **lemarlemar121** » Wed May 15, 2019 3:33 pm

Hi everyone one.

I need some help. We applied for EEA Family Permit for my two you siblings who is 18 and 20 years old living with my mother in Belgium, my mother is a Belgium national.
After three weeks from the application and biometric date Today they have received a letter in email saying notification of refusal.
The basis for the refusal are that they are not satisfied with the evidence that they are her children. Saying they haven’t provided a birth certificate but we did provide them their foreign birth certificate attested by foreign ministry and Belgium embassy.

We provided them with DNA test results which was done by Belgium embassy for their Belgium residence purposes three years ago.

We provided them with a letter from the local council from population registry confirming that they live with their date of births with saying daughter and son.

We provided them with my mother house tenancy all their names in it. I’m confused what more evidence do they need.

My question for help is that shall we appeal or make a fresh application?
And if we appeal how long is the wait for the appeal procedures?

Thanks.

lemarlemar121 · Post by **lemarlemar121** » Wed May 15, 2019 4:06 pm

lemarlemar121 wrote: ↑
Wed May 15, 2019 3:33 pm
Hi everyone one.

I need some help. We applied for EEA Family Permit for my two you siblings who are living with my mother in Belgium, my mother is a Belgium national.
After three weeks from the application and biometric date Today they have received a letter in email saying notification of refusal.
The basis for the refusal are that they are not satisfied with the evidence that they are her children. Saying they haven’t provided a birth certificate but we did provide them their foreign birth certificate attested by foreign ministry and Belgium embassy.

We provided them with DNA test results which was done by Belgium embassy for their Belgium residence purposes three years ago.

We provided them with a letter from the local council from population registry confirming that they live with their date of births with saying daughter and son.

We provided them with my mother house tenancy all their names in it. I’m confused what more evidence do they need.

My question for help is that shall we appeal or make a fresh application?
And if we appeal how long is the wait for the appeal procedures?

Thanks.

kamoe · Post by **kamoe** » Wed May 15, 2019 8:57 pm

lemarlemar121 wrote: ↑
Wed May 15, 2019 3:33 pm
The basis for the refusal are that they are not satisfied with the evidence that they are her children. Saying they haven’t provided a birth certificate

Please copy paste the exact text you received.

lemarlemar121 · Post by **lemarlemar121** » Wed May 15, 2019 11:56 pm

kamoe wrote: ↑
Wed May 15, 2019 8:57 pm

lemarlemar121 wrote: ↑
Wed May 15, 2019 3:33 pm
The basis for the refusal are that they are not satisfied with the evidence that they are her children. Saying they haven’t provided a birth certificate
Please copy paste the exact text you received.

taken account of:
• the personal circumstances as declared by you on your application form, • your passport,
• your family circumstances and
• the supporting documents you provided.
I have used all the information provided by you to determine if the requirements of the Immigration (European Economic Area) Regulations 2016 have been met. In reaching my decision, which has been made on the balance of probabilities, I note the following points:
The Decision
• You state that your mother is a Belgian national. You have provided evidence that your sponsor holds a Belgian passport and identity card.
• You state that is your mother, however, you have not provided your own birth certificate evidence of your relationship to your sponsor. You have provided identification forms and blood sample forms however these are not sufficient as evidence of your relationship. Consequently, I have been unable to verify your claimed relationship in the absence of relevant birth documentation issued at the time of the events or other credible documentation evidencing your parentage.

Given the above, I am led to question the credibility of your claim to be a dependent direct family member of an EEA national. I am therefore not satisfied that you are a direct family member in accordance with Regulation 7 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 (see ECGs EUN2.23)of the Immigration (European Economic Area) Regulations 2016.
Your Appeal Rights

kamoe · Post by **kamoe** » Thu May 16, 2019 9:20 am

lemarlemar121 wrote: ↑
Wed May 15, 2019 11:56 pm
you have not provided your own birth certificate evidence of your relationship to your sponsor. You have provided identification forms

some silly questions, but I must ask:

1) Were their birth certificates translated into English?
2) Did they give you back their birth certificates?

Sounds like either they made a mistake and mistook them for just regular IDs, or they never actually saw them (lost them?).

I do not have any first-hand experience in these kind of situations, but the general consensus in this forums seems to be that it is faster and easier to just make a fresh application than to appeal.

kamoe · Post by **kamoe** » Thu May 16, 2019 10:08 am

Also, something I have done is to stick post it notes on top of each pile of documents to guide the caseworker! (like, "joint bank statements 2018", "sponsor's payslips 2017-2018"; in your case would be "applicant's birth certificate)". In this way, next time they see at a glance what each document is.

lemarlemar121 · Post by **lemarlemar121** » Thu May 16, 2019 11:31 am

kamoe wrote: ↑
Thu May 16, 2019 9:20 am

lemarlemar121 wrote: ↑
Wed May 15, 2019 11:56 pm
you have not provided your own birth certificate evidence of your relationship to your sponsor. You have provided identification forms
some silly questions, but I must ask:

1) Were their birth certificates translated into English?
2) Did they give you back their birth certificates?

Sounds like either they made a mistake and mistook them for just regular IDs, or they never actually saw them (lost them?).

I do not have any first-hand experience in these kind of situations, but the general consensus in this forums seems to be that it is faster and easier to just make a fresh application than to appeal.

Yes they were translated into English stamped by our home country foreign ministry we used the same for their Belgium residence visa three years ago. Then the Belgium embassy has attested their stamp on it at the back of those translations.

They didn’t take any original documents the tls connect centre they scanned everything and give them the original back.
We can’t arrange any documents because the tls centre takes them and do it them self.

I think we will apply again. I have complaint to the solvit eu complaint agency. Because if the birth certificate is accepted by one eu country which is Belgium the other eu country should accept it as well.

Let’s see what their decision or what they advice.
We are thinking to turn up at Calais border and ask them for entry stamp there because if we thought we do it the easy way, but they are making it hard for them.

Does any one have any idea if we appeal and make a fresh application together, is that possible?

blondesafari · Post by **blondesafari** » Thu May 16, 2019 11:54 am

Are any of these young adult children working in Belgium? If your Mother receives benefits for a disability in Belgium, why does she want to come to the UK? Where is the Father of the children?

lemarlemar121 · Post by **lemarlemar121** » Thu May 16, 2019 4:02 pm

blondesafari wrote: ↑
Thu May 16, 2019 11:54 am
Are any of these young adult children working in Belgium? If your Mother receives benefits for a disability in Belgium, why does she want to come to the UK? Where is the Father of the children?

They are both studying. Mother want come to the uk to be closer to us. I live in the uk. Siblings doesn’t have no intention to stay in the uk they want to come just for a week or so.
The father question is not relevant to my post.

NatCam · Post by **NatCam** » Fri May 17, 2019 7:28 pm

How are your young siblings going to survive in Belgium if their mother (their sponsor) is going to relocate to the UK? You said they were dependent on her. This is why you were asked about the father.
All this trouble just for two weeks?

You can travel to Belgium every week if you wish so.

I don't know about Belgian laws, but my finnish friends living in Greece were required to live at least 6 months in Finland in order to receive their pension. Same with my american friends. We know that the UK is a soft touch, but who knows...

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EEA Family Permit refused from Sheffield

Belgium national. Disabled registered in Belgium want to move to the uk

Re: Belgium national. Disabled registered in Belgium want to move to the uk

Re: Belgium national. Disabled registered in Belgium want to move to the uk

Re: Belgium national. Disabled registered in Belgium want to move to the uk

Re: Belgium national. Disabled registered in Belgium want to move to the uk

EEA Family Permit refused from Sheffield

Re: EEA Family Permit refused from Sheffield

Re: EEA Family Permit refused from Sheffield

Re: EEA Family Permit refused from Sheffield

Re: EEA Family Permit refused from Sheffield

Re: EEA Family Permit refused from Sheffield

Re: EEA Family Permit refused from Sheffield

Re: EEA Family Permit refused from Sheffield

Re: EEA Family Permit refused from Sheffield

Re: EEA Family Permit refused from Sheffield