EEA RESIDENT CARD REFUSAL HELP

i am 50 percent owner of house

"Household" is not a building, it is the family unit.

The household has to be headed by the Union Citizen. He or she is expected to have primary right or ownership of the house or property .Essentially the family members are living under his or her roof.

That is the way the law is interpreted in the UK at present.

Obie wrote:The household has to be headed by the Union Citizen. He or she is expected to have primary right or ownership of the house or property .Essentially the family members are living under his or her roof.

That is the way the law is interpreted in the UK at present.

Thanks Obie and John. This sounds new. I once thought they just need to be under the same roof prior coming to UK and that's all. Can you pls provide some links regarding this particular statement? or case-law? I tried to find something relevant but no luck.

is it must that my father should inform io about his circumstances when he came to u.k, as he told me at arrival they didnt ask anything.
anyway i am trying to get bank docs showing money liquidate for appeal.

hopefully people should understand circumstances can change anytime without knocking the doors.


thanks

i went on appeal hearing yesterday & two hours hearing,i cant belive.i think all went wrong bcs of my solicitor.ho officer was asking for earlier bank statements of my father showing that fixed deposit went back into account,but my soilicitor never told me to get those.they think my father got money.we are going to get decision by post.
can somebody tell me whats the next step of appeal,if we get refusal.
i can arrange all documents,as i can get all statement & balance sheet,which was needed yesterday.
if somebody know any solicitor know about eea law properly will be really helpful.

thanks

I believe you were advised as to what you should expect at the appeal hearing, and that should have given you an indication of how to prepare and what questions to expect, and what evidence to provide.

I accept i have my reservation about your legal representative, but surely you can't blame him. You knew from the advice you were provided here that you have a lot of work to do, and the fact of your parent's previous visa application will be a factor against them.

I mentioned that details of your father's visa application will be put forward by the HO, and that dependency is characterised by the fact that you provide material support for your father to meet their essential need, and without this support, they will not be able to meet the minimum living standard.

The judge will now make a decision, and this decision can only be appealed if the immigration judge erred in law.

You will have 5 day to lodge an appeal if your appeal is dismissed, and the HO will have the same if appeal is allowed.

If permission is refused at the first tier tribunal, you will need to apply to the upper tribunal for permission to appeal to the Upper tribunal.

Given the circumstance, it may be advisable to reapply, except if the immigration judge misdirected his or herself in law.

I wish you all the best

SO can I appeal again in first tribunal, as I lookin new solicitor.
Second in direcretives it's says member of household are eligible . Do I come qualify under that.
Thanks

You have a first time statutory right to appeal an administrative EEA decision.

After that you need to apply for permission to appeal which could be granted or refused, depending on whether there is a perceived err of law.

If permission is granted, you will be allowed to appeal again.

You should try and search properly for a good legal adviser

Which area of the UK are you based.

I am in Leicester.you mean it's possible in upper tribunal.

kapil3732 wrote:SO can I appeal again in first tribunal, as I lookin new solicitor.
Second in direcretives it's says member of household are eligible . Do I come qualify under that.
Thanks

As stated before, your father will only qualify as a member of your household if you are able to demonstrate that prior to his entry to the UK he was dependent or member of your household and when he entered the UK he became part of your Household.

As you cannot show you lived in the same home outside the UK very recently with your dad and mum, it is highly unlikely they will qualify under that provision.

We wrote down in our witness statement that until 1999, I stay with my father
Since birth, I submit a copy of rashan card(Indian gov. Document ) stating same address .judge asked from both of us oraly what's our current address as well.do you think judge will review this.Even my old Indian nationality passport got same address.we submitted that as well.

or it is only possible if i satayed with my parents in eea state.

my parents are here from on year.we lost first appeal in fit & upper tribunal due to lack of evidence, bcs of my first solicitor .i got all docs back in march and submit new visa application with all new docs to show that my father my father close all business and lost everything.this time i got new refusal letter nothing asking about old documents.
ho say you havent submit any docs to show your parents living with you.second you havent submit any docs showing they financially depend on you.
i am paying my father insurace from my account which i submit.i also submit two neighbour witness saying they living with me and their id as welli m going for further appeal.
please suggest me whatelse supporting docs i can put in court its very confusing dont know what they want exactly.

Hi Kapil,

I believe that the evidence you have submitted should be sufficient.

If the UKBA fail to recognise it, i believe the court will not, without proper reasons.

Sorry for the protracted struggle you and your parents have been faced with. I hope it get resolved soon.

As you cannot show you lived in the same home outside the UK very recently with your dad and mum, it is highly unlikely they will qualify under that provision.

And what does 'very recently' mean? Almost in the same sentence as that phrase was used in the COA ruling, the judge indicated he thought 16 or 8 years would be too long a gap btween dependency/household membership and application.