EEA Extended FM settlement scheme refused

Hello,
My wife sister stay in UK and her husband have EU Settlement.
My brother in Law submitted EUSS settlement application to Me my wife and son but our all visa refused they mention that

By your own admission, you are the sister-in-law of a relevant EEA national.
By your own admission, you are the brother-in-law of a relevant EEA national.
By your own admission, you are the nephew of a relevant EEA national.


You can also appeal this decision to the First Tier Tribunal under the Immigration Citizens’ Rights Appeals (EU Exit) Regulations 2020. You have 28 days from the date since you received this decision to appeal.

So what is the next step its mention that



Reasons for Refusal


On 15 December 2020 you made an application for an EU Settlement Scheme (EUSS) Family Permit under Appendix EU (Family Permit) to the Immigration Rules on the basis you are a 'family member of a relevant EEA citizen'.

I have considered whether you meet the validity, eligibility and suitability requirements for an EUSS Family Permit, which are set out in Appendix EU (Family Permit) to the Immigration Rules (https://www.gov.uk/guidance/immigration ... ily-permit).

You can also find out more about the requirements in the guidance on GOV.UK (https://www.gov.uk/family-permit/eu-set ... ily-permit).

Your application has been refused because you have not provided sufficient evidence to prove that you are a 'family member' - (a spouse; civil partner; child, grandchild, great-grandchild under 21; dependent child, grandchild, great-grandchild over 21; or dependent parent, grandparent, great-grandparent) - of a relevant EEA or Swiss citizen or of their spouse or civil partner as claimed.

By your own admission, you are the sister-in-law of a relevant EEA national.

As your relationship to the sponsor does not come within the definition of 'family member of a relevant EEA citizen' as stated in Appendix EU (Family Permit) to the Immigration Rules, you do not meet the eligibility requirements.


Your application is therefore refused.

I am surprised how come some people in this forum was succeeded in obtaining EUSS visa as a sister or brother of the Eu national spouse who is non Eu
M bit nervous

ravipatel0001 wrote: ↑

Wed Jan 20, 2021 12:34 pm

Your application has been refused because you have not provided sufficient evidence to prove that you are a 'family member' - (a spouse; civil partner; child, grandchild, great-grandchild under 21; dependent child, grandchild, great-grandchild over 21; or dependent parent, grandparent, great-grandparent) - of a relevant EEA or Swiss citizen or of their spouse or civil partner as claimed.

By your own admission, you are the sister-in-law of a relevant EEA national.

This means exactly that. You are not family members that are eligible to apply under the EUSS. Sister-in-law, brother-in-law, and nephew, are not on the list of eligible family members. If you are not eligible, you can't be granted status; no mistake has been made here. As such, any attempts at appeal will fail.

I'm afraid, if your family wants to immigrate to the UK, then you will need to explore other routes, not the EU Settlement Scheme.

Ssaima2012 wrote: ↑

Wed Jan 20, 2021 1:39 pm

I am surprised how come some people in this forum was succeeded in obtaining EUSS visa as a sister or brother of the Eu national spouse who is non Eu
M bit nervous

This was possible under the now-defunct EEA family member route, but for that you needed to demonstrate financial dependency or being members of the same household.

In the EUSS however, brothers or sisters who do not already have a EEA Residence Card, e.g. fresh applications, are not eligible.

ravipatel0001 wrote: ↑

Wed Jan 20, 2021 12:34 pm

My brother in Law submitted EUSS settlement application

It was the wrong application.

Only direct Family Members (spouses, children and dependent ancestors) of EEA citizens resident in the UK and their spouses are eligible to apply under the EUSS scheme.

Your brother-in-law should have applied for you and your family under the EEA Extended Family Member system before 31st December 2020. That route has now been closed to all new applications.

Had your applications been made before that date and then had you been granted EEA EFM Family Permits, you could have then applied under the EUSS scheme after arrival in the UK.

secret.simon wrote: ↑

Wed Jan 20, 2021 7:36 pm

It was the wrong application.

Maybe not. Maybe this was intentional. This is what I had in mind when I wrote my answer.

EEA applications had more requirements and many people that did not meet these requirements decided to skip it and go directly for the EUSS. The OP might have thought the assumed dependency of parents in the EUSS applied as well for extended family.

Or not.

My wife cousin sister have Indian passport and her husband have European passport. please let me know any suggestion is there any other way they can apply any visa.

ravipatel0001 wrote: ↑

Thu Jan 21, 2021 4:44 pm

My wife cousin sister have Indian passport and her husband have European passport. please let me know any suggestion is there any other way they can apply any visa.

Not any more. The EEA Extended Family member route closed on 31st December 2020.

Thats mean agent file wrong application he need to file EEA application not EUSS.

Agent file EUSS (financial dependency) and we provide all document.


If I file EEA application so its approved because My wife cousin sister have Indian passport and her husband have Eu passport with EU settlement.

I heard about that February 1 2017 rules change if Eu passport holder wife/husband have other passport they not apply EEA application but her Husband file his family for EEA visa is that true?


So Is there any chance he file financial dependency or any other way.

ravipatel0001 wrote: ↑

Thu Jan 21, 2021 7:38 pm

Thats mean agent file wrong application he need to file EEA application not EUSS.

Agent file EUSS (financial dependency) and we provide all document.

That is irrelevant. The agent needed to file the EEA EFM Family Permit application with proof of financial depedency, not the EUSS form (which only applies to spouses, children and dependent parents).

ravipatel0001 wrote: ↑

Thu Jan 21, 2021 7:38 pm

If I file EEA application so its approved because My wife cousin sister have Indian passport and her husband have Eu passport with EU settlement.

I heard about that February 1 2017 rules change if Eu passport holder wife/husband have other passport they not apply EEA application but her Husband file his family for EEA visa is that true?

No idea of what you are talking about here. Can you explain more fully?

ravipatel0001 wrote: ↑

Thu Jan 21, 2021 7:38 pm

So Is there any chance he file financial dependency or any other way.

No other way. The EFM route for relatives other than spouses, children and dependent parents closed on 31st December 2020.

So its that possible if my wife cousin sister have indian passport and her husband have EU passport with EU settlement they can apply EAA visa application?


I heard that my cousin sister can not apply our visa application because she have indian passport

Only Eu citizen can apply for his extended family member not wife (Because she has indian passport)

https://www.gov.uk/government/publicati ... -nationals


In that PDF mention that

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.


So thats mean we are not eligible for Apply EEA is that correct

As has been said more than once already, there is no longer a route available to you as an extended family member of an EU citizen. That door is closed now.

You will have to find your own visa route you qualify for to come to the UK.

Hello,
We have Indian passport, my wife cousin sister have Indian passport and her husband have European passport with EU settlement.

My wife cousin sister husband file our Visa EU Settlement Scheme (EUSS) Family Permit visa (we are Financial dependency for My wife cousin sister husband) but our visa refused. please find below reason.

Please let me know agent file wrong application or any other solution.

"On 15 December 2020 you made an application for an EU Settlement Scheme (EUSS) Family Permit under Appendix EU (Family Permit) to the Immigration Rules on the basis you are a 'family member of a relevant EEA citizen'.

I have considered whether you meet the validity, eligibility and suitability requirements for an EUSS Family Permit, which are set out in Appendix EU (Family Permit) to the Immigration Rules (https://www.gov.uk/guidance/immigration ... ily-permit).

You can also find out more about the requirements in the guidance on GOV.UK (https://www.gov.uk/family-permit/eu-set ... ily-permit).

Your application has been refused because you have not provided sufficient evidence to prove that you are a 'family member' - (a spouse; civil partner; child, grandchild, great-grandchild under 21; dependent child, grandchild, great-grandchild over 21; or dependent parent, grandparent, great-grandparent) - of a relevant EEA or Swiss citizen or of their spouse or civil partner as claimed.

By your own admission, you are the sister-in-law of a relevant EEA national.

As your relationship to the sponsor does not come within the definition of 'family member of a relevant EEA citizen' as stated in Appendix EU (Family Permit) to the Immigration Rules, you do not meet the eligibility requirements.

Your application is therefore refused."

You have already been extensively advised in this thread about your situation. Please do not post in other threads on unrelated topics.