When the Moscow post receives notification of the appeal from the UK, the ECM will have to make a written assessment and address the concerns you raise. http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/apl/apl7/ Thank you Keffers I am concerned with the quality of representation - our ad...
You might find the UKBA document Reconsidering decisions in European Applications interesting, especially if you wish the ECM to reconsider. Directive thanks forthe link. I have written to the ECM last night quoting this document and asking to reviw the case. What annoys me most are the silly typo,...
Wholly or mainly dependant is not an EE regs requirement - its an Immigration Rule requirement. The requirement under EEA regs is financially dependent for essential needs. see ECJ rulings Jia and also Lebon Also for eg see http://www.bailii.org/uk/cases/UKUT/IAC/2011/00341_ukut_iac_2011_tm_others_...
The EEA regulations are an entirely different and self-contained law. Either one applies or the other. There is no mix-and-match. A non-Britsh (and non-Irish, I believe) national can only make use of the UK immigration rules when they have obtained permanent residency and they are considered as 'se...
Thanks kef On the other subject, I need a bit of help in terms of references to the relevant legislation - 1. Irrelevance of the UK immigration regulations when it comes to the EEA applications 2. Irrelevance of UK-based maintenance requirements in EEA applications 3. Dependency: what legislation be...
How much time are you willing to put into this? Reapply and you loose the time those applications take at your embassy if refused again (that embassy may have a general negative view on dependancy). Appeal, expect the ECM to uphold the original decision and probably wait for months until the tribun...
In our case, we decided to appeal their decision because reapplying at this time will somehow result in the same decision because the ECO will look at the reasons as to why the first application was refused. Our appeal is still on ongoing and I can understand its going to take a couple of months. I...
I'm not 100% sure what your question is? Could you clarify? 1. Whether it is indeed possible to appeal without specifying a legal rep details and then specifying one 2. Whether the 4 points of the appeal appear sufficient to address dependency issue at the hearing 3. Where can i specify that, in th...
Hi all Some of you might follow our case - we applied for an EEA FP on behalf of my dependent parents who are outside of the UK now. I am exercising my treaty rights in the UK and this is certified by the UKBA RC. We have been refused on the grounds that they are not dependent on me, thus the EEA na...
As Greenie said, there is now only one way to appeal which includes a review by the ECM. Your changes will solely depend on how you present your case. Keffer's link to that recent judgment and the reference to the ECIs inside are probably a good starting point but you may want to seek competent leg...
£80 (for each applicant) for a papers appeal - £140 each for an oral appeal. See the following Upper Tribunal case from August 2011: http://www.bailii.org/uk/cases/UKUT/IAC/2011/00341_ukut_iac_2011_tm_others_nigeria.html (paras 41-43 in particular) Thank you, from this I gathered the following - 1....
Asbo, What are your time constraints? I think actually you will want to go down the formal appeal route. It is also worth sending the same material to the ECM and asking for a review, but start the appeal now. We have no time constraints, but it would be nice to be re-united as soon as it is practi...
The ECM review is part of the appeal process. You need to appeal and the ECM conducts a review before a date for the appeal hearing is set. Greenie ECM, as explained by the ECM at this post, is something that is raised through email, letter, etc. The Appeal, through IAA is UK based and longer=timef...
Hi guys have you ever dealt with ...." we are not satisfied that the financial dependence is through necessity and not choice" argument in refusing to accept the dependence on the UKBA side when making EEA FP application? Can you please make reference to a specific legislation or even signpost so th...
can you please comment or suggest? I am gling through tonnes of material but cannot get to a definitive document/ref to strengthen evidence which i outlined. can you please comment??????
If I understand correctly, all the money your parents have has come from you. Is this true? Since when?. Hi Directive, thank you!!! I have a well-proven record of mainly/wholly financial dependency since 2006 and until now. Their income consists of - 1. they receive money i get from rent 2. they us...
3. Paragraph 4 - FINANCIAL OUTLAY - BELIEVE THIS IS IMPORTANT FOR PROVING FINANCIAL DEPEDENCY A. 5400 PA income from etting of the property are MY FUNDS - WHICH I DONATE TO MY PARENTS. This is easily proven by the account statements, in which one can see a lodgement and then a debit, made by my par...
Gents, thank you. You picked up straight away smth that I spent all day on. Dont consider this to be a cheap flattery. Let me address this point by point and I will ask your suggestions - 1. Paragraph 1 - MEETING ESSENTIAL NEEDS My parents are full dependent on me. Their sole income is what they dra...
Hi guys we have received a response saying that the application for the EEA FP on behalf of my mother and her husband has been refused. I am totally gutted -((((((( I believe that my course of action is a. ask for EC manager review b. re-apply c. appeal It is also my understanding that A and B are t...
Only the visa section sends emails and not all do so. You are looking at the tracker on the VAC website which would never give an indication of an approved visa; merely that it has been received and returned to their jurisdiction. You said that previously you would be sent an email saying approved ...
Hi folks We have applied for EEA FP from Saint Petersburg on 23/08. This has gone to Moscow for consideration and I can now see the following status - Processed application is in Transit. Not ready for collection. 08/31/2012 ============================================== 1. We are obviously concerne...
