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EEA Family Permit refusal, Appeal Grounds help

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

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User2014
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EEA Family permit refusal for Sister in law, sponsor claims Tax credits

Post by User2014 » Sat Sep 19, 2020 7:29 pm

My sister in law Family permit refused, main point of refusal is that sponsor claims tax credits because of his low income
“Therefore, after considering these factors, there is a risk that if you did arrive in the United Kingdom that you may become a burden on the public funds system of this country.”

I am self employed taxi drivers and my income was not good last year but in future it is going to increase, my question is that main requirement for a sponsor is to be a Qualified Person, in the guidance a qualified person can even be on job seekers allowance earning nothing and can still be a qualified person, can anyone guide me if this can be contested in appeal or if there is any minimum income threshold for a sponsor ?

euspouse07
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Re: EEA Family permit refusal for Sister in law, sponsor claims Tax credits

Post by euspouse07 » Mon Sep 21, 2020 3:16 pm

You are absolutely right about the definition of a qualified person but it comes to the extended family members application, ECO are taking the liberty to interpret in a suited way , hence, refusing people on silly grounds .
Could you please, if possible give some insight about your application !
Length of the dependency?
Relationship history ?
Evidence of relationship ?
length Your own residence in uk?
Your current immigration status ?
Thanks

User2014
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Re: EEA Family permit refusal for Sister in law, sponsor claims Tax credits

Post by User2014 » Wed Sep 23, 2020 10:11 am

euspouse07 wrote:
Mon Sep 21, 2020 3:16 pm
You are absolutely right about the definition of a qualified person but it comes to the extended family members application, ECO are taking the liberty to interpret in a suited way , hence, refusing people on silly grounds .
Could you please, if possible give some insight about your application !
Length of the dependency?
Relationship history ?
Evidence of relationship ?
length Your own residence in uk?
Your current immigration status ?
Thanks
Length of Dependency 2 years plus, for evidence of relationship we provided birth certificates for my wife & for sister in law and marriage certificate, residing in uk from 3 years plus ,

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Zerubbabel
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Re: EEA Family permit refusal for Sister in law, sponsor claims Tax credits

Post by Zerubbabel » Thu Sep 24, 2020 3:20 pm

Hello

This refusal is very strong. They can even refuse an EEA national if it's obvious that he is an unreasonable burden on welfare.

As your revenues are compromised at the moment, you can't demonstrate that you can afford to support your sister in law without recourse to public fund.

Also, you can't rely on future or potential income. You have to wait for the income to be earn, then you can use it in a context of sponsorship.

User2014
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Re: EEA Family permit refusal for Sister in law, sponsor claims Tax credits

Post by User2014 » Tue Oct 06, 2020 5:47 pm

Thank you
Anyone else can shed some light please ,, senior members ?

User2014
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EEA Family Permit refusal, Appeal Grounds help

Post by User2014 » Sat Nov 14, 2020 12:47 am

Hello everyone,
EEA Family permit was refused Please advise how to address these refusal points in appeal

1 Unfortunately, money transfers in isolation do not prove that you are financially dependent on your sponsor. I would expect to see further supporting evidence which shows that without the financial support of your sponsor your essential living needs could not be met.

2- You have included information to show your sponsor is earning from self-employment. However, I would also expect to see evidence which fully details your sponsor’s circumstances which you have not provided. This would include evidence of their expenditure and evidence of their household members, which would prove that they are able to meet your essential living needs as well as their own.

Thank you

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Re: EEA Family Permit refusal, Appeal Grounds help

Post by CR001 » Sat Nov 14, 2020 7:13 am

What relation was the applicant to the sponsor???
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

User2014
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Re: EEA Family Permit refusal, Appeal Grounds help

Post by User2014 » Sat Nov 14, 2020 10:58 am

CR001 wrote:
Sat Nov 14, 2020 7:13 am
What relation was the applicant to the sponsor???
Applicant is the sister in law of an EU sponsor

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Re: EEA Family Permit refusal, Appeal Grounds help

Post by CR001 » Sat Nov 14, 2020 11:00 am

So the same person you asked about in October!! Topics merged!
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

User2014
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Re: EEA Family Permit refusal, Appeal Grounds help

Post by User2014 » Sat Nov 14, 2020 11:16 am

CR001 wrote:
Sat Nov 14, 2020 11:00 am
So the same person you asked about in October!! Topics merged!
Thank you ,
@CR001 , will you also be able to give some advise on this please ?

JB007
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Re: EEA Family Permit refusal, Appeal Grounds help

Post by JB007 » Sat Nov 14, 2020 11:34 am

User2014 wrote:
Sat Nov 14, 2020 11:16 am
CR001 wrote:
Sat Nov 14, 2020 11:00 am
So the same person you asked about in October!! Topics merged!
Thank you ,
@CR001 , will you also be able to give some advise on this please ?
Universal Credit is a benefit for those is dire need of financial help - for those who don't have capitlal/savings over 16k and who are of low income or are out of work.

JB007
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Re: EEA Family Permit refusal, Appeal Grounds help

Post by JB007 » Sat Nov 14, 2020 12:02 pm

JB007 wrote:
Sat Nov 14, 2020 11:34 am
User2014 wrote:
Sat Nov 14, 2020 11:16 am
CR001 wrote:
Sat Nov 14, 2020 11:00 am
So the same person you asked about in October!! Topics merged!
Thank you ,
@CR001 , will you also be able to give some advise on this please ?
Universal Credit is a benefit for those is dire need of financial help - for those who don't have capitlal/savings over 16k and who are of low income or are out of work.
Adding that the housing elelement of Universal Credit will often not cover all the rent and that difference has to found. That if you don't pay the rent and are evicted, the coucil do not have to house because not paying the rent is classed as making yourself intentionally homeless.

There are not any benefits to pay a mortgage, or the interest on the mortgage.That if you don't pay the mortgage and the home is repossessed by the lender, the coucil do not have to house becasue not paying the mortgage is classed as making yourself intentionally homeless.

It's hard to see how your sister in law can be finacially dependant on you, when you are finacially dependant on the UK's welfare state and still have to meet any bill shortfalls.

User2014
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Re: EEA Family Permit refusal, Appeal Grounds help

Post by User2014 » Sat Nov 14, 2020 3:29 pm

JB007 wrote:
Sat Nov 14, 2020 12:02 pm
JB007 wrote:
Sat Nov 14, 2020 11:34 am
User2014 wrote:
Sat Nov 14, 2020 11:16 am
CR001 wrote:
Sat Nov 14, 2020 11:00 am
So the same person you asked about in October!! Topics merged!
Thank you ,
@CR001 , will you also be able to give some advise on this please ?
Universal Credit is a benefit for those is dire need of financial help - for those who don't have capitlal/savings over 16k and who are of low income or are out of work.
Adding that the housing elelement of Universal Credit will often not cover all the rent and that difference has to found. That if you don't pay the rent and are evicted, the coucil do not have to house because not paying the rent is classed as making yourself intentionally homeless.

There are not any benefits to pay a mortgage, or the interest on the mortgage.That if you don't pay the mortgage and the home is repossessed by the lender, the coucil do not have to house becasue not paying the mortgage is classed as making yourself intentionally homeless.

It's hard to see how your sister in law can be finacially dependant on you, when you are finacially dependant on the UK's welfare state and still have to meet any bill shortfalls.
Sorry this is not the refusal point , please ignore the previous post from October ,

These are the Refusal points below which I want to address in grounds of appeal while lodging an appeal online

Refusal points

1 Unfortunately, money transfers in isolation do not prove that you are financially dependent on your sponsor. I would expect to see further supporting evidence which shows that without the financial support of your sponsor your essential living needs could not be met.

2- You have included information to show your sponsor is earning from self-employment. However, I would also expect to see evidence which fully details your sponsor’s circumstances which you have not provided. This would include evidence of their expenditure and evidence of their household members, which would prove that they are able to meet your essential living needs as well as their own.
Please advise
Thank you

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