EEA FAMILY PERMIT APPLICATION REFUSED WITH A RIGHT OF APPEAL

secret.simon · Post by **secret.simon** » Wed Dec 30, 2020 3:12 pm

@Ssaima2012, it is a bit confusing. Is either your spouse or you an EEA citizen?

Ssaima2012 · Post by **Ssaima2012** » Wed Dec 30, 2020 3:14 pm

I am Eu national Hungary and my husband is from Pakistan we both got married and I revert to Islam
Now we both have settle status in UK

secret.simon · Post by **secret.simon** » Wed Dec 30, 2020 3:25 pm

Ssaima2012 wrote: ↑
Wed Dec 30, 2020 3:14 pm
I am Eu national Hungary

OK. Then in that case, you need to prove that (a) the cousin is (financially) dependent on you (the EEA citizen) and (b) that they will be joining you, the EEA citizen.

As @CR001 has mentioned above, only EEA citizens can sponsor EFMs.

As for your parents-in-law, they are direct family members and their case will be treated differently. So be patient.

Ssaima2012 · Post by **Ssaima2012** » Wed Dec 30, 2020 3:29 pm

so its mean i can apply for my husband brother before 31st December midnight??

Ssaima2012 · Post by **Ssaima2012** » Wed Dec 30, 2020 3:38 pm

also EEAFM an only be applied if some one close relative already in the UK . someone who is outside UK cant apply

secret.simon · Post by **secret.simon** » Wed Dec 30, 2020 4:13 pm

Ssaima2012 wrote: ↑
Wed Dec 30, 2020 3:38 pm
EEAFM an only be applied if some one close relative already in the UK

Are you not in the UK?

Ssaima2012 wrote: ↑
Wed Dec 30, 2020 3:38 pm
someone who is outside UK cant apply

The EFM must be outside the UK to apply.

Ssaima2012 · Post by **Ssaima2012** » Wed Dec 30, 2020 4:14 pm

Ok let’s me check

Ssaima2012 · Post by **Ssaima2012** » Wed Dec 30, 2020 4:25 pm

Hi I have checked this form
EEA(EAFM)
It says

Who this form is for
You may be able to apply online at https://visas-immigration.service.gov.uk/product/eea-qp. Use this application form if you are unable to apply online and you wish to apply for a registration certificate (if you’re an EEA national) or a residence card (if you’re a non-EEA national) as the extended family member of a relevant EEA national.
‘Relevant EEA national’ means an EEA national who is in the UK as a ‘qualified person’ (worker, jobseeker, self-employed or self-sufficient person, or a student) or has a permanent right of residence in the UK.
You are an ‘extended’ family member of the relevant EEA national if you are:
• their partner (but not their spouse or civil partner) and in a durable (lasting) relationship with them
• their relative but not their child, grandchild, parent or grandparent (but see below)
Eligible relatives include siblings, aunts, uncles, nephews, nieces, or cousins. If the relevant EEA national only has a right to reside as a student, you can use this form to apply if you’re their grandchild, parent or grandparent and you meet the conditions below.
‘Relative of the relevant EEA national’ includes a relative of the spouse or civil partner of the EEA national in certain circumstances. This is where the relative has held valid residence documentation (an EEA family permit, a registration certificate or registration card) as the relative of the spouse or civil partner of the EEA national sponsor, issued prior to 1 February 2017 and have, since the most recent issue of the document, been continuously resident in the UK.
If you are applying as a relative of the EEA national, you must:
• have been dependent on them, or a member of their household, before you came to the UK, and continue to be dependent on them or be a member of their household or
• strictly require their personal care on serious health grounds
Please do not use this application form if you are the ‘extended’ family member of a British

In my understanding the extended family member who was been granted EEA family permit only can use this form also only the extended family member of EU national can use this form .

This form does not says the extended family member of non EU

Kindly correct me if I am wrong

Ssaima2012 · Post by **Ssaima2012** » Thu Dec 31, 2020 2:50 pm

Hi
I have read an other member experience in this forum se was married to Eu national and subsequently she applied for his sisterEEA Famiy permit extended family member

Her sister was granted EEA family permit

I am very much confused now

Ssaima2012 · Post by **Ssaima2012** » Thu Dec 31, 2020 2:51 pm

Top
Successful EEA family permit for extended family memberReport this post Quote
Post by andes66 » Sun Dec 06, 2020 3:27 pm

Hello everyone

I am a Non-EU spouse of an EU citizen with settled status in the UK.

I would like to share the process of our successful EEA family permit application for my sibling (extended family member)

Type of Visa applied for: EEA family permit : Extended family member
Date of application: June 2020
Date of biometrics: August 2020
several enquiries with the Home Office September / October 20
Mid November : Complained to local MP
First week December : obtained the EEA family permit

Documents

Checklist
1) Applicant: Sibling’s ( Non-EU Extended family member) passports

2) Evidence of Sponsor’s EEA nationality : Sponsor (EU citizen)’s passport and EU Settled status

3) Sibling/Applicant’s Birth certificate and my birth certificate as evidence of relationship (includes name of our parents)

4) Marriage certificate of EEA national
our marriage certificate

5) Evidence of EEA national’s work and income in the UK:
Contract of employment , latest 6 months’ payslips, latest 6 months joint bank statements, P60_two years,

6) Evidence of My (Non-EU spouse) income
Same as above

7) Proof of Sponsor’s address in the UK:
Water and Electricity bill (six months), Council Tax (last three years) , Bank statements and P60s/wage slips as attached above.

Confirmation of Applicant’s financial dependence (confirmation of bank transfers, money transfers, etc.) : Sponsor (EU citizen)’s Bank statements and Proof of transfer

9) Evidence of my sibling's expenditure in country of residence: Bank statements and available expenditure Receipts

10) Statements from few friends and family confirming that Applicant (my sibling) is financially dependent on sponsor (EU citizen), together with copies of passports of each friend/family member

11) Proof of emotional support : Logs of Email exchanges and Phone call logs downloaded from whatsapp

As many of the members pointed out early : the process takes time and on several occasions we felt despondent but it is vital to stay hopeful and have patience.........

That’s her experience

secret.simon · Post by **secret.simon** » Thu Dec 31, 2020 3:22 pm

Reposting @andes66's post with the correct tags so that it can be clicked on to go to the original thread.

andes66 wrote: ↑
Sun Dec 06, 2020 2:27 pm
Hello everyone

I am a Non-EU spouse of an EU citizen with settled status in the UK.

I would like to share the process of our successful EEA family permit application for my sibling (extended family member)

Type of Visa applied for: EEA family permit : Extended family member
Date of application: June 2020
Date of biometrics: August 2020
several enquiries with the Home Office September / October 20
Mid November : Complained to local MP
First week December : obtained the EEA family permit

Documents

Checklist
1) Applicant: Sibling’s ( Non-EU Extended family member) passports

2) Evidence of Sponsor’s EEA nationality : Sponsor (EU citizen)’s passport and EU Settled status

3) Sibling/Applicant’s Birth certificate and my birth certificate as evidence of relationship (includes name of our parents)

4) Marriage certificate of EEA national
our marriage certificate

5) Evidence of EEA national’s work and income in the UK:
Contract of employment , latest 6 months’ payslips, latest 6 months joint bank statements, P60_two years,

6) Evidence of My (Non-EU spouse) income
Same as above

7) Proof of Sponsor’s address in the UK:
Water and Electricity bill (six months), Council Tax (last three years) , Bank statements and P60s/wage slips as attached above.

Confirmation of Applicant’s financial dependence (confirmation of bank transfers, money transfers, etc.) : Sponsor (EU citizen)’s Bank statements and Proof of transfer

9) Evidence of my sibling's expenditure in country of residence: Bank statements and available expenditure Receipts

10) Statements from few friends and family confirming that Applicant (my sibling) is financially dependent on sponsor (EU citizen), together with copies of passports of each friend/family member

11) Proof of emotional support : Logs of Email exchanges and Phone call logs downloaded from whatsapp

As many of the members pointed out early : the process takes time and on several occasions we felt despondent but it is vital to stay hopeful and have patience.........

All the very best

Ssaima2012 · Post by **Ssaima2012** » Thu Dec 31, 2020 4:56 pm

Can any one please comment on it
I am so confuse as I was been told that only Eu national can sponsor sibling.however this member was successful applied and obtained her sister visa .

Kindly help

White_Pearl · Post by **White_Pearl** » Thu Dec 31, 2020 5:20 pm

Sis... call them...
I really dont know

UK Visas and Immigration contact centre
Telephone: 0300 790 6268

https://visas-immigration.service.gov.uk/product/eea-qp

I checked the above link and can you only see:
(See the text in yellow) that member can be your husband, which is his brother....?

Qualifying as an ‘extended’ family member or unmarried partner
Extended family members must apply before 11pm on 31 December 2020. After this, only close family members and unmarried partners will be able to apply.
You can apply as an ‘extended’ family member’, for example a brother, sister, aunt, uncle, cousin, nephew or niece.

You must be able to show that you’re dependent on the EEA citizen or are a member of their household, or have a serious health condition and rely on them to care for you.

andes66 · Post by **andes66** » Thu Dec 31, 2020 5:29 pm

Ssaima2012 wrote: ↑
Thu Dec 31, 2020 4:56 pm
Can any one please comment on it
I am so confuse as I was been told that only Eu national can sponsor sibling.however this member was successful applied and obtained her sister visa .

Kindly help

I am sorry if I was not clear in my post. As probably, everyone would have highlighted:

ONLY An EU CITIZEN exercising EU TREATY rights with a settled or pre-settled status can sponsor OTHER family members. if the family members are extended (as in your case...brother-in-law) then you must apply for EEA family permit before 11 PM tonight.

So, in a nutshell, you as an EU citizen will be your brother-in-law's sponsor. You can complete the application on your brother-in-law's behalf from the UK and your brother-in-law can submit his documents at the VFS centre as soon as you get his biometric appointment.

All the best

secret.simon · Post by **secret.simon** » Thu Dec 31, 2020 5:30 pm

White_Pearl wrote: ↑
Thu Dec 31, 2020 5:20 pm
You must be able to show that you’re dependent on the EEA citizen or are a member of their household, or have a serious health condition and rely on them to care for you.

The "member of their household" has a specific meaning and specific requirements. See this thread for more details

Ssaima2012 · Post by **Ssaima2012** » Thu Dec 31, 2020 5:33 pm

Hi
Thank you all

I have submitted the application and will follow the documentation was been submitted by Andes,let’s see further

However I am still waiting my parents in law application outcome .I will update you as soon as I receive the outcome

Ssaima2012 · Post by **Ssaima2012** » Thu Dec 31, 2020 5:37 pm

Hi anddes66

Thanks but law says only the Eu national can sponsor their own siblings I mean if my husband brother wish to come in Uk from Pakistan my husband has to have Eu nationality??? I don’t mind sponsoring him but I m just confused
But as you had submitted your sister application and your Eu national husband was the sponsor it’s mean an extend family members can be spouse sibling as well

White_Pearl · Post by **White_Pearl** » Thu Dec 31, 2020 6:27 pm

secret.simon wrote: ↑
Thu Dec 31, 2020 5:30 pm

White_Pearl wrote: ↑
Thu Dec 31, 2020 5:20 pm
You must be able to show that you’re dependent on the EEA citizen or are a member of their household, or have a serious health condition and rely on them to care for you.
The "member of their household" has a specific meaning and specific requirements. See this thread for more details

White_Pearl · Post by **White_Pearl** » Thu Dec 31, 2020 6:29 pm

secret.simon wrote: ↑
Thu Dec 31, 2020 5:30 pm

White_Pearl wrote: ↑
Thu Dec 31, 2020 5:20 pm
You must be able to show that you’re dependent on the EEA citizen or are a member of their household, or have a serious health condition and rely on them to care for you.
The "member of their household" has a specific meaning and specific requirements. See this thread for more details

Thank u for this secret.simon

andes66 · Post by **andes66** » Thu Dec 31, 2020 6:58 pm

Ssaima2012 wrote: ↑
Thu Dec 31, 2020 5:37 pm
Hi anddes66

Thanks but law says only the Eu national can sponsor their own siblings I mean if my husband brother wish to come in Uk from Pakistan my husband has to have Eu nationality??? I don’t mind sponsoring him but I m just confused
But as you had submitted your sister application and your Eu national husband was the sponsor it’s mean an extend family members can be spouse sibling as well

EU nationals can sponsor family members from both their own family and their spouse's side. For Extended Family members, you need to prove financial and emotional dependence while for

close family members such as parents/mother-in-law/father-in-law or dependent children you dont need to provide any evidence of financial dependence: you can apply for EUSS family permit.

I hope this makes sense.

Fingers crossed with your applications.

Ssaima2012 · Post by **Ssaima2012** » Thu Dec 31, 2020 7:01 pm

Yeah thank you so much

Ssaima2012 · Post by **Ssaima2012** » Wed Jan 13, 2021 4:51 pm

Hi all just to update you in regards to parents in law EUSS application which was been submitted in October last year

I had submitted my parents in law and brother in law (my husband brother ) under EUSS route last year’s October however my brother in law application was been refused and he got his passport end of December last years but surprisingly I am still waiting for my parents in law application decision I did filed a complaint and in 20days the home office did get back to me stating that the decision was been taken in November last year

Hence ,no decision has been received for my parents in law application.
I am just taking May be they had lost my parents in law application or passport

Did any one else encountered this type of situation?

Sajid29 · Post by **Sajid29** » Wed Jan 13, 2021 10:48 pm

Ssaima2012 wrote: ↑
Wed Jan 13, 2021 4:51 pm
Hi all just to update you in regards to parents in law EUSS application which was been submitted in October last year

I had submitted my parents in law and brother in law (my husband brother ) under EUSS route last year’s October however my brother in law application was been refused and he got his passport end of December last years but surprisingly I am still waiting for my parents in law application decision I did filed a complaint and in 20days the home office did get back to me stating that the decision was been taken in November last year

Hence ,no decision has been received for my parents in law application.
I am just taking May be they had lost my parents in law application or passport

Did any one else encountered this type of situation?

Hello saima ,did you complain to Home Office ?

Ssaima2012 · Post by **Ssaima2012** » Wed Jan 13, 2021 10:53 pm

I did they replied me below

12 January 2021

Dear Mr Munawar

Thank you for your email correspondence of 7 December 2020 where you have raised a complaint about the delay in concluding your Entry Clearance visa application.

We aim to reply to 95% of complaints within 20 working days so I apologise for this late response.

However, I am unable to uphold your complaint.

It may help if I explain that prior to making a decision on an Entry Clearance application a number of mandatory checks need to be completed in both the UK and applicant's home country.

We aim to decide all applications at the earliest opportunity. However, the length of time taken to complete these checks is dependent on the individual circumstances of each case.

We do not require applicants to book their travel to the UK before making a visa application, as if they are then unable to travel, they may lose the costs incurred in making prior travel arrangements ahead of receiving a visa.

Having investigated this matter further I can confirm that a decision was made on your application at our Visa Section in Liverpool on 18 November 2020. Our decision notices and all relevant paperwork were dispatched to the visa section in order to facilitate collection at the Visa Application Centre, who were notified to release your passport on 29 December 2020.

Whilst I appreciate that this is not the response you had hoped for, I trust it has helped to clarify the situation.

I believe I have addressed all the points you have raised. However, if you feel that there are specific aspects that have not been addressed you can request a review

This is the reply I got and they still didn’t addressed my parents in law application they are kept on talking about my brother in law application

Sajid29 · Post by **Sajid29** » Thu Jan 14, 2021 2:22 am

Thank you for your enquiry regarding your EUSS Family Permit application.
A decision has been made and the Visa Application Centre will be in touch with you shortly with regards to the return of your documents.

Did you receive this email from Liverpool International Sitel ?They should received passport by now .. when i complaint in my parent's case ,they told me decisions was made on 12 October but they received passport on 10 December. Also i was told that visa's granted for both parents. But before passport collection i receive above email from Liverpool Sitel and it was 5 days before collection .

Immigrationboards.com: Immigration, work visa and work permit discussion board

EEA FAMILY PERMIT APPLICATION REFUSED WITH A RIGHT OF APPEAL

Re: EEA Extended FM settlement scheme

Re: EEA Extended FM settlement scheme

Re: EEA Extended FM settlement scheme

Re: EEA Extended FM settlement scheme

Re: EEA Extended FM settlement scheme

Re: EEA Extended FM settlement scheme

Re: EEA Extended FM settlement scheme

Re: EEA Extended FM settlement scheme

Re: EEA Extended FM settlement scheme

Re: EEA Extended FM settlement scheme

Re: EEA Extended FM settlement scheme

Re: EEA Extended FM settlement scheme

Re: EEA Extended FM settlement scheme

Re: EEA Extended FM settlement scheme

Re: EEA Extended FM settlement scheme

Re: EEA Extended FM settlement scheme

Re: EEA Extended FM settlement scheme

Re: EEA Extended FM settlement scheme

Re: EEA Extended FM settlement scheme

Re: EEA Extended FM settlement scheme

Re: EEA Extended FM settlement scheme

Re: EEA Extended FM settlement scheme

Re: EEA Extended FM settlement scheme

Re: EEA Extended FM settlement scheme

Re: EEA Extended FM settlement scheme