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Residence card refusal

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Akumo
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Posts: 2
Joined: Tue Jun 30, 2015 9:24 pm

Residence card refusal

Post by Akumo » Tue Jun 30, 2015 9:53 pm

Hi
I am hoping someone can clarify a few points for me, as I've been asked to help a friend, I am a UK citizen not related to any of the people that I am enquring about, only trying to help!
My friends mother (the applicant) has had her application for a residence card refused.
They applied for a residence card as they would like her to be able to stay longer than the maximum time allowed by a visa - 90 days I think, in order to visit family in the UK.
The husband of the applicant was the sponsor but he stays in Estonia, he does not have this problem as he has an Estonian passport.
The applicants husband is also financially secure so is able to fully support the applicant without any problems.
The situation is that the applicant is Estonian but holds a Russian passport.
The applicant does not speak Estonian so will not get an Estonian passport
However the applicant does have an EEA ID card to travel throughout the EU.
They do have a UK visa so can visit their daughter and grandson (12 years old) they would though, like to have fewer restrictions on the amount of time they can spend in the UK with their family.

The problem is that the applicant is not dependant on the daughter who lives in the UK, and the applicants husband has not exercised his right to move around the EU, so I think that reapplying or appealing the situation is not worthwhile but would like someone more knowledgable than me to confirm this.

The actual wording is:
"You have not provided any evidence to show that you are living with or that you are financially dependant upon your sponsor. For this reason your application fails to meet Regulation 7(1) (c) of the immigration (EEA) Regulations 2006.

Thank you in advance.

Regards

Akumo

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Residence card refusal

Post by vinny » Tue Jun 30, 2015 11:17 pm

Akumo wrote: The situation is that the applicant is Estonian but holds a Russian passport.
The applicant does not speak Estonian so will not get an Estonian passport
However the applicant does have an EEA ID card to travel throughout the EU.
They do have a UK visa so can visit their daughter and grandson (12 years old) they would though, like to have fewer restrictions on the amount of time they can spend in the UK with their family.
Does her EEA Estonian ID card describe her as an Estonian citizen?
Does she have CSIC?

Normally, a visit visa allows her to stay for up to six months or within the validity of the visa, whichever comes sooner. Does she want more than that?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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Akumo
Newly Registered
Posts: 2
Joined: Tue Jun 30, 2015 9:24 pm

Re: Residence card refusal

Post by Akumo » Tue Jun 30, 2015 11:52 pm

Hi Thank you for the response, I am not sure of the answers to either of these questions I will find out and post tomorrow.

Regards

Akumo

PrestonLancs

Re: Residence card refusal

Post by PrestonLancs » Wed Jul 01, 2015 1:57 am

Akumo wrote:
The situation is that the applicant is Estonian but holds a Russian passport.
The applicant does not speak Estonian so will not get an Estonian passport
However the applicant does have an EEA ID card to travel throughout the EU.
This does not make sense at all. That someone already holds estonian citizenship but cannot get an estonian passport due to language. There are language tests in many countries, before granting citizenship, but there is no country on earth that allows citizenship without language and at the same time does not give passport without the language test. There is no such thing as EEA ID card to travel throughout the EU.
Perhaps she is just a russian citizen with residency in Estonia.

Whatever the case, either the person you are trying to help has not told you the truth, or does not herself understand the process and legalities.

boloney
Senior Member
Posts: 680
Joined: Sun Sep 19, 2010 10:40 am

Re: Residence card refusal

Post by boloney » Wed Jul 01, 2015 7:37 am

PrestonLancs wrote:
Akumo wrote:
The situation is that the applicant is Estonian but holds a Russian passport.
The applicant does not speak Estonian so will not get an Estonian passport
However the applicant does have an EEA ID card to travel throughout the EU.
There is no such thing as EEA ID card to travel throughout the EU.
There is something like EEA Id card and you can cross the border using it.

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Casa
Moderator
Posts: 25817
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Residence card refusal

Post by Casa » Wed Jul 01, 2015 9:06 am

Boloney is correct. An ID card from an EU country will enable free travel through the open borders of the Schengen states.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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