REFUSAL OF EUSS FAMILY PERMIT

nafees · Post by **nafees** » Thu Feb 24, 2022 9:52 pm

Hi, My mother, EUSS visa refused to wonder what is the option. appeal or reapply?

"You have not provided adequate evidence to show that you are dependent on a
relevant EEA or Swiss citizen, or their spouse or civil partner, as set out in Appendix EU
(Family Permit) of the Immigration Rules.
Consideration has been made, based on the evidence and information you have
provided, and having regard to your financial and social conditions, or health, as to
whether you cannot meet your essential living needs (in whole or in part) without the
financial or other material support of the relevant EEA citizen or of the spouse or civil
partner.
As evidence of your dependency upon your relevant EEA Citizen sponsor or their
spouse or civil partner you have provided 4 ‘MoneyGram’ money transfer receipts dated
between April 2021 and September 2021. Please note I would expect to see more
substantial and regular payments than this, in order to accept that you need the
financial support of your sponsor in meeting your essential living needs.
It is noted that you have not provided any evidence of your own domestic circumstance
in Pakistan. Without such evidence I am unable to sufficiently determine that you cannot
meet essential living needs without financial or other material support from your relevant
EEA Citizen sponsor or their spouse or civil partner.
You state that you live in a home owned by your sponsor. You have provided an English
translation of a Pakistan deed document in the name of your sponsor dated 22 April
2013. Please note that I would expect to see the original document from which the
translation was taken. Furthermore, you have not provided any evidence to show that
you live at the property this document relates to. Therefore, I am not satisfied that you
live in a home owned by your sponsor.
On that basis I am not satisfied that you are dependent on a relevant EEA or Swiss
citizen or their spouse or civil partner. Therefore, you do not meet the eligibility
requirements for an EUSS family permit as the dependent parent in law of a relevant
EEA or Swiss citizen, or their spouse or civil partner.
Your application is therefore refused."

nafees · Post by **nafees** » Fri Feb 25, 2022 10:01 pm

Any Guru out there?

nafees · Post by **nafees** » Sat Feb 26, 2022 4:55 pm

I think this site (immigrationboards.com) is now getting deserted. No response. In the past, it was very active and could get responses in minutes. Now can wait for days but no response.

Rai1988 · Post by **Rai1988** » Sun Apr 24, 2022 11:03 am

Hi Nafeez, hope all is well..
I have received the same refusal from HM.
Have you taken any steps ? Appeal??
Or recommendation of any docs?
Thanks in advance.

kamoe · Post by **kamoe** » Sun Apr 24, 2022 5:02 pm

nafees wrote: ↑
Thu Feb 24, 2022 9:52 pm
Hi, My mother, EUSS visa refused to wonder what is the option. appeal or reapply?

"You have not provided adequate evidence to show that you are dependent on a
relevant EEA or Swiss citizen, or their spouse or civil partner, as set out in Appendix EU
(Family Permit) of the Immigration Rules.
Consideration has been made, based on the evidence and information you have
provided, and having regard to your financial and social conditions, or health, as to
whether you cannot meet your essential living needs (in whole or in part) without the
financial or other material support of the relevant EEA citizen or of the spouse or civil
partner.
As evidence of your dependency upon your relevant EEA Citizen sponsor or their
spouse or civil partner you have provided 4 ‘MoneyGram’ money transfer receipts dated
between April 2021 and September 2021. Please note I would expect to see more
substantial and regular payments than this, in order to accept that you need the
financial support of your sponsor in meeting your essential living needs.
It is noted that you have not provided any evidence of your own domestic circumstance
in Pakistan. Without such evidence I am unable to sufficiently determine that you cannot
meet essential living needs without financial or other material support from your relevant
EEA Citizen sponsor or their spouse or civil partner.
You state that you live in a home owned by your sponsor. You have provided an English
translation of a Pakistan deed document in the name of your sponsor dated 22 April
2013. Please note that I would expect to see the original document from which the
translation was taken. Furthermore, you have not provided any evidence to show that
you live at the property this document relates to. Therefore, I am not satisfied that you
live in a home owned by your sponsor.
On that basis I am not satisfied that you are dependent on a relevant EEA or Swiss
citizen or their spouse or civil partner. Therefore, you do not meet the eligibility
requirements for an EUSS family permit as the dependent parent in law of a relevant
EEA or Swiss citizen, or their spouse or civil partner.
Your application is therefore refused."

The answer is in front of your eyes, and clearly explained in the refusal letter.

You have not provided enough proof that your mother depends on you to satisfy her beasic needs. As such, any appeal will fail, since the reason for the refusal is not an error of judgment of the case worker, but rather a failure in providing sufficient evidence.

The big question is: Does your mother depends on you for her basic needs? If so, you should be in a position to supply evidence of financial transactions covering much more than six months (it's not the job of anyone to tell you how long this should be, you should supply as much as you can that reasonably shows you are not just fabricating evidence); and you should also have supplied the original house deed.

So the answer to your question is to reapply with correct, truthful, and complete evidence, including all original documents. An appeal will fail.

Rai1988 · Post by **Rai1988** » Tue Apr 26, 2022 3:53 pm

My understanding is that Dependancy is to be assumed!!

The word ‘assumed’ suggests that as long as the family relationship is accepted between the EEA citizen and their parent, that there is no need to provide any further evidence to demonstrate dependency.

Correct??

kamoe · Post by **kamoe** » Tue Apr 26, 2022 4:40 pm

Rai1988 wrote: ↑
Tue Apr 26, 2022 3:53 pm
My understanding is that Dependancy is to be assumed!!

The word ‘assumed’ suggests that as long as the family relationship is accepted between the EEA citizen and their parent, that there is no need to provide any further evidence to demonstrate dependency.

Correct??

No, that's not correct.

Dependency was assumed for applications submitted before June 30th 2021. After that date, dependency needs to be proven.

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