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EUSS or Tourist visa ?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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jayinthamel
Newly Registered
Posts: 5
Joined: Mon Mar 07, 2022 5:32 am
Nepal

EUSS or Tourist visa ?

Post by jayinthamel » Sun Nov 06, 2022 5:28 pm

hello guys
i am an EEA national and recently i have applied EUSS family permit visa for my mother but it was declined on 18 of october. the letter says like this : (please read)

Reasons for Refusal ROA
On 03 July 2022 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 a EUSS Family Permit, which are set out in Appendix EU (Family Permit) to the
Immigration Rules (https://www.gov.uk/guidance/immigration ... milypermit).
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).
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 the following evidence – money transfers.
You have provided money transfers from January 2022 to June 2022. You have stated
on your application form that your sponsor has been resident in the United Kingdom
since April 2016. Given the evidence provided is dated from 2022 only, and you have
provided no further evidence of a recent change in circumstances, this office would
expect to see evidence of dependency over a longer period. Unfortunately, this limited
amount of evidence in isolation does not prove that you are financially dependent on
your EEA citizen sponsor.
The fact of transferring money is not evidence that it is needed by the recipient to meet
their essential living needs in isolation.
Furthermore, it is noted that you have not provided any evidence of your own domestic
circumstance in Nepal. 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.
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 a EUSS family permit as a dependent parent, child, grandchild, greatgrandchild over the age of 21 of a relevant EEA or Swiss citizen, or their spouse or civil
partner. No further consideration has been given to your application.
Your application is therefore refused.


SO WHAT IS YOUR SUGGESTION ON THIS.
I DIDNT UNDERSTAND THE REASON PROPERLY.
IM THINKING TO APPLY AGAIN BUT SOME OF MY FRIENDS HAVE APPLIED TOURIST VISA AFTER DECLINING THE EUSS FAMILY VISA BUT THEY ALSO GOT DECLINED.
SO WHAT TO DO?
CAN I APPLY TOURIST VISA AFTER THE REFUSAL OF EUSS FAMILY VISA??

GENUINE SUGGESTIONS PLEASE

meself2
Moderator
Posts: 3239
Joined: Mon Sep 06, 2021 4:10 pm
Ireland

Re: EUSS or Tourist visa ?

Post by meself2 » Sun Nov 06, 2022 6:12 pm

Technically nothing stops you from applying for tourist visa for her.
But look at it from the perspective of the deciding officer: your mother first applies to stay in the UK, showing her willingness to leave her native country forever, and after refusal she applies for a tourist visa, where she needs to prove a polar opposite: that she will return back to her home country. I'd say it's a refusal straight off, especially since you are aiming to apply right after EUSS rejection.

It'll be very tough to get a visit visa now, but if you decide to anyway, consider what I've said, think about evidence you can provide that she comes back and wait a huge amount of time after EUSS refusal.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

kamoe
Moderator
Posts: 2945
Joined: Mon Sep 07, 2015 10:57 am

Re: EUSS or Tourist visa ?

Post by kamoe » Wed Nov 09, 2022 10:31 am

jayinthamel wrote:
Sun Nov 06, 2022 5:28 pm
I DIDNT UNDERSTAND THE REASON PROPERLY.
The answer is right in front of you. They say:
You have stated on your application form that your sponsor has been resident in the United Kingdom since April 2016. Given the evidence provided is dated from 2022 only, and you have provided no further evidence of a recent change in circumstances, this office would expect to see evidence of dependency over a longer period.
So basically, they were expecting you to show evidence of regular and substantial transfers that would cover your mother's financial needs from probably as far as 2016. Not just a few transfers in 2022. That's it, that's the main reason they refused her application.
IM THINKING TO APPLY AGAIN BUT SOME OF MY FRIENDS HAVE APPLIED TOURIST VISA AFTER DECLINING THE EUSS FAMILY VISA BUT THEY ALSO GOT DECLINED.
SO WHAT TO DO? CAN I APPLY TOURIST VISA AFTER THE REFUSAL OF EUSS FAMILY VISA??
As the previous poster said, applying for a visitor visa after an immigration visa has been denied is almost likely to result in a refusal.
GENUINE SUGGESTIONS PLEASE
Is you mother financially dependent on you?
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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