Refusal of EEA family Permit (help please)

Hello,

I'm am a Greek citizen and my wife is from Albania.
Because she is giving birth in May we applied for her mother an EEA permit visa to visit us.

She got refused, I understand why but what I don't get is that she is not dependant on us.

What did I do wrong in the application?

Is it worth appealing it or Is there an non-dependent visa for EEA family member that should we apply ?

Thank you all in advanced.

K



NOTICE OF IMMIGRATION DECISION
In compliance with the Immigration (Notices) Regulations 2003 made under section 105 of the Nationality, Immigration and Asylum Act 2002
REFUSAL OF EEA FAMILY PERMIT

Your Application
You have applied for an EEA family permit to join your EEA sponsor, as stated in your application form, into the United Kingdom as the 'dependent direct family member' as so defined of that EEA national. I have considered your application under regulation 7 (see ECGs EUN2.23) of the Immigration (European Economic Area) Regulations 2016. You can read the Immigration (European Economic Area) Regulations 2016 at: http://www.legislation.gov.uk/uksi/2016 ... tents/made Guidance that explains the types of documents which, in addition to the application form, might give a visa applicant the best opportunity to show that their circumstances are as they have set out is available at:
https://www.gov.uk/check-uk-visa In assessing your individual application, it has not been necessary to interview you, but I have 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 son-in-law is a Greek national. You have provided evidence that your sponsor holds a Greek passport.

NOTICE OF IMMIGRATION DECISION
In compliance with the Immigration (Notices) Regulations 2003 made under section 105 of the Nationality, Immigration and Asylum Act 2002
REFUSAL OF EEA FAMILY PERMIT

As you are a direct family member, over the age of 21, you must show that you are financially dependent on your EEA national sponsor. However, you have failed to provide any evidence of this. It would be expected that your provided evidence, such as money transfer receipts, along with evidence of both yours and your sponsor’s financial situations. In the absence of this evidence it cannot be accepted that you are dependent on your sponsor. On the evidence submitted in support of your application and on the balance of probability,
I am not satisfied that you are dependent on your sponsor. I am therefore not satisfied that you are a 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 You have 28 days from the date you receive this decision to appeal. Information on how to appeal, the appeal process and the fees payable are all available online at: https://www.gov.uk/immigration-asylum-t ... ide-the-uk If you want to seek legal advice you must do so now.

Apply EUSS FP there are no dependency requirements for this.

Thank you, I'm doing it right now.

Does it matter if I'm at per-settled status?

Thank you

No

Kerasi wrote: ↑

Mon Jan 11, 2021 8:08 pm

Thank you, I'm doing it right now.

No

Thank you