EEA Family Permit - Extended Family member - Presettled Status after coming to UK after 31st DEC, 2020

Zerubbabel wrote: ↑

Sat Feb 06, 2021 8:00 pm

Hello

You have 2 issues here.

1 - They don't accept he is your brother.

Not all countries have the same standard when it comes to paperwork. But you need to get as much documents from local authorities to show you have the same parents. Ideally, documents registered at your birth even if issued later.

You may overcome this with some work.


2 - You didn't show he is dependent.

This is more difficult to recover from than point 1.

The money you sent to your mother, is for your mother. It hard to make it believable that it was for your brother in a context of an immigration application. They won't accept your word for it and they don't have to. So only in the months leading to the application, that you started sending money to your brother. Before, the money was going to your mother.

In your case, I guess you are also applying for a his kids and his wife too. So it's an entire extended family you would like to bring to the UK. I anticipate some resistance from the Home Office. You can only face it an overwhelming quantity of evidence.

SHM201 wrote: ↑

Sat Feb 06, 2021 8:14 pm

Zerubbabel wrote: ↑

Sat Feb 06, 2021 8:00 pm

Hello

You have 2 issues here.

1 - They don't accept he is your brother.

Not all countries have the same standard when it comes to paperwork. But you need to get as much documents from local authorities to show you have the same parents. Ideally, documents registered at your birth even if issued later.

You may overcome this with some work.


2 - You didn't show he is dependent.

This is more difficult to recover from than point 1.

The money you sent to your mother, is for your mother. It hard to make it believable that it was for your brother in a context of an immigration application. They won't accept your word for it and they don't have to. So only in the months leading to the application, that you started sending money to your brother. Before, the money was going to your mother.

In your case, I guess you are also applying for a his kids and his wife too. So it's an entire extended family you would like to bring to the UK. I anticipate some resistance from the Home Office. You can only face it an overwhelming quantity of evidence.

Thanks for responding.

1. I think I can prove it with DNA and multiple different documents.
- They mentioned in refusal letter that I didn't explain to them why I and my brother registered 30yrs later. --- I provided in a letter to them a complete set of the reasoning behind it. In Belgium, they always wanted recently issued birth certificate so every time they wanted a new and original document which they kept. So, I had to get a new certificate for this exercise. hence the reason of new certificate. together with an old Birth certificate that was issued in 2004 which according to Pakistan standard is not valid because all such documents were digitalized after 2004 in around 2010 onward.


2. I found payment slip to my brother as of Mar, 2019 onward. In march, 2020 it will account for 2years even if I ignore what I sent through my mother to him. However in the evidence i only provided them evidence from May, 2019 onward up to Nov, 2020 = 18months of fund transfer detail. Contrary to the statement they mentioned that all money was transferred in last 12 months. that wasn't the case.
--- to your point. No I have only applied for my brother and after getting his settled status (or switching to work permit), he will invite his family.

3. what do you think about point 3?

SHM201 wrote: ↑

Sun Feb 07, 2021 8:43 am

Could you show me your rejection letter?
thanks for the groups on facebook. I have joined a few. I am not sure if you referred to any specific one.

3. I would also expect to see evidence which fully details yours and your family’s
circumstances. Your income, expenditure and evidence of your financial position which
would prove that without the financial support of your sponsor your essential living
needs could not be met.

I have shown major expenses of my brother especially driven by 2x special needs kids.

Could somebody suggest to me what to do in this case? 1.5yrs of proof isn't enough for them?

kamoe wrote: ↑

Tue Dec 22, 2020 8:00 am

As long as he's issued a family permit he'll be treated as close family member.

There is a provision to treat people that sucessfully apply for EEA permits before Dec 31st and get them after Dec 31st as if these had been issued just before Dec 31st.

geezerpl wrote: ↑

Mon Feb 08, 2021 2:04 am

Can you please define "provision" and "successfully apply" ?

Many people (incl. lawyers) told me last year that online submission date is what counts not the biometrics and the 1st email from UKVI.

I am still worried if that extension also covers applying for a pre-settled status.

kamoe wrote: ↑

Mon Feb 08, 2021 8:47 am

Not sure what your question is here. The deadline for applying to the Settlement Scheme, including EUSS FP, is June 30th 2021, it has never been December 31st 2020.

geezerpl wrote: ↑

Mon Feb 08, 2021 9:10 pm

kamoe wrote: ↑

Mon Feb 08, 2021 8:47 am

Not sure what your question is here. The deadline for applying to the Settlement Scheme, including EUSS FP, is June 30th 2021, it has never been December 31st 2020.

There was a post in December (which you just quoted) saying that ONLY THOSE WHO APPLIED FOR THE EEA FP BEFORE 31 DEC WILL BE REGARDED AS CLOSE FAMILY MEMBERS (when relationship with EU national began before 31 Dec) AND ELIGIBLE TO APPLY FOR EU PRE-SETTLED TILL 30 JUN 2021...

What about the EEA family permit issued after 31 Dec based on an application submitted by a durable partner after 31 Dec ?
Will such person be only able to visit the UK without the eligibility to apply for EU pre-settled status ????

Zerubbabel wrote: ↑

Sun Feb 07, 2021 6:09 pm

3. I would also expect to see evidence which fully details yours and your family’s
circumstances. Your income, expenditure and evidence of your financial position which
would prove that without the financial support of your sponsor your essential living
needs could not be met.

I have shown major expenses of my brother especially driven by 2x special needs kids.

Could somebody suggest to me what to do in this case? 1.5yrs of proof isn't enough for them?

Your income, expenditure and evidence of your financial position -> They want to see the detail of his financial situation. It's not enough to show that you send him money.

Just to give you an example: my uncle sent to my brother £30'000 during the last few years. It's all documented. Can this be used by my uncle to sponsor my brother? Taken in isolation, no. Actually, my uncle is building a house back home and my brother manages the project for him. The money goes to pay the builders and buy building material. My brother works, owns his home and has comfortable earning. So he is not dependent despite the proof that he receives money from abroad.

So just money receipts alone are not enough. Your brother needs to show is full financial situation and where the money you send him fits. Does he work? How much does he earn? What are his expenses?... etc. You need to show them the full picture.