eea family permitt for my mother

I am a non EU and I am married to an EU national,we have 2 kids.my mother applied for an era family permitt but she was refused,we appealed and her appeal has been dismissed,reason because they believe that my mother is not dependent on me,but the truth is my mother is seperated with my father and she and my elder brother has been dependent on me and my wife,both my brother,his kids and my mother lives in my great grand fathers house.i showed the judge western union money transfer slip from 2010 till 2012 but he was asking for western union money transfer slips from 2009,I was in Nigeria to visit my mother during 2009 and I left some money with my mother before returning.

I will.like to know is there is any hope for my mother.

efbee wrote:I am a non EU and I am married to an EU national,we have 2 kids.my mother applied for an era family permitt but she was refused,we appealed and her appeal has been dismissed,reason because they believe that my mother is not dependent on me,but the truth is my mother is seperated with my father and she and my elder brother has been dependent on me and my wife,both my brother,his kids and my mother lives in my great grand fathers house.i showed the judge western union money transfer slip from 2010 till 2012 but he was asking for western union money transfer slips from 2009,I was in Nigeria to visit my mother during 2009 and I left some money with my mother before returning.

I will.like to know is there is any hope for my mother.

which judge was it, in the UK? also, it is ridiculous to set a time period during which your mother should be dependent. A situation may arise and it is a matter of fact whether she is or she is not dependent. Where did you appeal, tell us in more detail what the judge's ruling and words were please.

Also what were the reasons for the initial refusal by the ECO? How often was money sent and how did it relate to living costs of your mother? Did the judge imply your mother had or could obtain help from other family members in Nigeria?

the appeal was heard here in uk at the first tier tribunal,below is the letter my mother received,

It is not in dispute that the appellant lives in a familu hom ein nigeria with her brother,wife and children,her elder son and his wife and others.I also have no difficulty in accepting that the sponsor has of late been sending his monther a fairly substantial amount of money.

However I am not satisfied that these actions in themselves prove dependency.I note that the vast majority of payment where there is documentary evidence to prove that they have been made postdate the application and one can count on the fingers of one hand how many payment are proved to be made prior to the application.

The sponsor staten that before coming to the UK some two year ago monies were taken to the appelland by hand.However this does not explain the absence of documentary evidence in relation to transfers for the majority of the period that the sponsor has been in the UK namely a period of two years.

In the absence of cogent documentary evidence to prove that money transfers were regularly made prior to application,I cannot conclude on the balance of probabilities that the appellant is dependent on her sponsor,particularly given her living arrangement in Nigeria

Is there any hope for my mother ? my mother only got her international passport last year 2011 and i have been sending money either through my brother or my mother elder sister.

merely sending your mother money is not sufficient to prove dependency, you have to show that she requires financial support from you to meet her essential living needs. Clearly the fact that you don't have substantial evidence of sending money prior to the decision and the fact that she is living with a number of other family members who might be expected to support her isn't helpful to her application. Would suggest you seek legal advice.

Dependency can arise at any time through circumstance - but I think recent financial dependency followed by an immediate application may appear a little contrived - even though it is genuine.

The question is how does one satisfy dependency? It requires proving a negative ie no other funds from any other source. Do other people have experience of this?

I have contacted the western union money transfer to enquire if they can send me transaction history that I sent through my mothers sister,I hope it will help,I don't know if my mother should appeal again or reapply.

The western union has been unable to give me my transfer his,I do not know how else to show dependency,I will appreciate any advice,please help.

I will appreciate every advice,I want to re apply for my mother eea family permit,and this time my will be living alone because my elder brother will be moving to join my father in another state with his children,my question is will get the eea family permit is she is living alone.