EEA Family permit refused for mother-in-law

[Sobia K]

Hi everyone,

Can someone please help me to understand this, I am struggling to understand the reason for this refusal for the EEA Family Permit for my mother in Law living in Pakistan.

My mother in law was partially dependant on me from Feb 2014 when her daughter married me and came to live with me in the UK. I would send her money as and when she needed and asked me. I had also been travelling to the country and given her financial assistance. in May 2019 her other daughter (she was dependent upon got married and cam e to UK as well. so as of July, she became fully dependant on me and I have transactional slips from July 2019 to present day. please see their response


"records show that your sponsor has resided in UK since at least March 2014 and that you state you are financially dependent on him. as evidence you have attached 8 money transfer remittance receipts from your sponsor to you. these are dated between July 2019 to Jan 2020. you have failed to provide evidence that you are financially dependant on your sponsor since he arrived in the UK in 2014. this limited amount of evidence in isolation does not prove that you are financially dependent on your sponsor. I would expect to see substantial evidence this over prolonged period considering the length of time your sponsor has resident in the UK.
I would expect to see evidence which fully details your circumstances, your income, expenditure and evidence of your financial position which would prove that without the financial support of your sponsor your essential living needs could not be met. "


This makes me ask few questions,

* I have lived in the UK since 1999 and not just 2014, she became partially dependant on me in 2014 when I married her daughter and her daughter settled in the UK.

* is there a certain number of transactions they would require to qualify the so called prolonged period

* what evidence can I provide for this , my mother in law is a widow (death certificate was attached) has not bank account (it is normal for the country she lives in) she is renting a rom in a house, what evidence can she give of her income and expenditures, is this as simple as jut writing down on piece of paper list of her income and expenses. she doesn’t have bills in her name either. can anyone please help, I am not sure if I should appeal against this or just make another application.


* I am more than capable of sustaining her in UK as my annual salary of £32K per year and savings (evidence was attached)


Thanks for your time

[Zynmalikkkk]

Apply EU settlement Family permit instead of eye family permit.
In eu settlement scheme dependency is assumed and home office cant ask for proof of dependency.parents and in laws are considered to be close family members.

[Sobia K]

Hi Malik


Thanks for your response, I am not sure why I didn't apply for this before, I never realised that mother in law is classed as close family member. is there anyway I can contact you for assistance, have you done this before. once again thanks for your response.

Kamran

[NatCam]

@Zynmalikkk How come? The website says:https://www.gov.uk/family-permit/eu-set ... ily-permit.
It clearly says: 'dependent parent or grandparent'.

[Cookie0801]

Hi Sobia,

I applied for my mother in law and she got the permit Dec 2019.

Do you have pre settled or settled status?
If you do, you should apply again but family permit under the EU settlement scheme. When you go on the website to apply, make sure you select the “direct family member” and it’ll tell you that you are applying for family permit under settlement scheme. It’s much easier than EEA family permit.

Although dependency is assumed under this scheme, we didn’t want to risk it so we included 6 months money transfer slips and 6 months UK bank statements which showed the money going out from us.

We sent the following documents:
Passport photocopies

Proof of employment: payslips, P60 and employment contract and settled status letter, 6 months bank statement

Proof of relationship: UK marriage contract ( I was sponsoring my husbands mum), DNA test between my husband and his mum, 6 months money transfer slips.

We also included her TB test certificate and our UK kids birth certificates (which has my name and husbands name)

In the application don’t forget to put your settled status number. Also include a supporting statement explaining your situation and that you want to be united and live as a family unit.

Other things we sent but aren’t necessary as I have a friend who applied without it and still got accepted was flight tickets to when we went to see her and photographs.

InshaAllah you’ll get it very quick within 15 wds

[NatCam]

Is it possible to open a bank account?
If she is so vulnerable, why did they both abandon her? I fail to understand.

[Sobia K]

hi Cookie0801,


Thanks for your response, I never though mother in law was a direct family member, I was advised (incorrectly) by an agency that she is an extended family member and cannot go via the category of EU Settlement permit. my position is that I am Portuguese national who has resided in the UK since 1998, have obtained a PR in 2017 and got British passport in 2018. I don't even know what a settle status is, is this same as PR or British citizenship. can I still apply for this settled status and how long does it take to get a settled status. Also her case was rejected couple of days ago, can apply another case rightaway or do I have to wait certan number of days (letter states 28 days for any appeal)?

thanks for your help

Sobia

[Cookie0801]

Sobia,

Sorry, I am not very knowledgeable when it comes to someone who is dual (British and EU) if they are eligible to apply for the EU Settlement Scheme. Maybe someone here who is more knowledgeable can answer that.

But basically, if you are EU National (again I’m not sure because you’re also British) to stay in the UK after brexit, you have to apply something called the EU settlement Scheme. If the EU National has been in the UK 5+years they get settled status but if they have been here under 5 years they get pre-settled. Once you apply for the scheme you get a 16 digit number.

It took me 48hrs to get my confirmation by email of settled status. I’ve been in the UK since 2005. But I applied when it was still a new scheme so I’m not sure how long it take now.

You then use that number to sponsor your mother in law for the family permit under the settlement scheme.

[Sobia K]

thanks for your help, I will go ahead and apply for this status and see what happens. May be someone else with info regarding dual nationals can help as well

[askmeplz82]

hi Cookie0801,

I think you can but you need to have status under EU SETTLEMENT FIRST. Because application will ask for your euss reference number

[Sobia K]

Hi askmeplz

I will, apply for this status this evening and see what happens, I already have a PR that I obtained form Home Office which confirms my permanent status in the UK.

[Zerubbabel]

I didn't read the entire thread, but your mother-in-law, I mean by that, the mother of your wife, or the mother of your husband, is extended family.

[Sobia K]

I can very confused now, is the mother in law a direct family member if yes can she apply for visa using the EU settlement, and if she is classed as extended family member can she still apply for the EU Settlement visa. very confusing I must say, can anyone help please.


Regards

[Zerubbabel]

I am reading this document:

https://assets.publishing.service.gov.u ... 7.0ext.pdf

It seems to define the parents of the partner as also direct family members:




So I stand corrected.

[Sobia K]

Hi Zerubbabel

In your earlier thread you mentioned that mother in law is classed a extended family member. Your current one mentions it's direct family member.

[Zerubbabel]

Yes, I double checked in the meantime. So she is Direct Family Member according to the documents I checked.

[Zynmalikkkk]

Hi Nathan
You should read this again carefully. I am sure you will find that dependent parents of EU citizen or parents of spouse are included in close family members.

@Zynmalikkk How come? The website says:https://www.gov.uk/family-permit/eu-set ... ily-permit.
It clearly says: 'dependent parent or grandparent'.

[Zynmalikkkk]

You should apply your EU settlement status first and then your mother in law can apply eu family permit under eu settlement scheme.She should use your application number in her application.

Hi askmeplz

I will, apply for this status this evening and see what happens, I already have a PR that I obtained form Home Office which confirms my permanent status in the UK.

[Shaka Zulu]

I am afraid the OP is not eligible to apply for settle status.
A person who is a British citizen is not subject to immigration control, therefore, they do not require leave to remain under the 1971 Immigration Act.
Any such application will be treated as void.

[Enka2018]

you can apply for EU settlement family permit if you are a British citizen who also has EEA or Swiss citizenship and who lived in the UK as an EEA or Swiss citizen before getting British citizenship.

you cannot get settled status but you straightly csn spply for EU settlement family permit under category dual EU British citizen

[Enka2018]

once you will be filling up EUsettlement family permit application there you have to choose under which category you will be applying, you have to choose you are applying as a British citizen who is also dual EU national who would be granted indefinite or limited leave to enter or remain under Part 1 of Appendix EU, if they made a valid application under it...

[guneet35]

Hi Sobia,

I applied for my mother in law and she got the permit Dec 2019.

Do you have pre settled or settled status?
If you do, you should apply again but family permit under the EU settlement scheme. When you go on the website to apply, make sure you select the “direct family member” and it’ll tell you that you are applying for family permit under settlement scheme. It’s much easier than EEA family permit.

Although dependency is assumed under this scheme, we didn’t want to risk it so we included 6 months money transfer slips and 6 months UK bank statements which showed the money going out from us.

We sent the following documents:
Passport photocopies

Proof of employment: payslips, P60 and employment contract and settled status letter, 6 months bank statement

Proof of relationship: UK marriage contract ( I was sponsoring my husbands mum), DNA test between my husband and his mum, 6 months money transfer slips.

We also included her TB test certificate and our UK kids birth certificates (which has my name and husbands name)

In the application don’t forget to put your settled status number. Also include a supporting statement explaining your situation and that you want to be united and live as a family unit.

Other things we sent but aren’t necessary as I have a friend who applied without it and still got accepted was flight tickets to when we went to see her and photographs.

InshaAllah you’ll get it very quick within 15 wds

Hi Sobia,

Thanks for your time to share your experience as many can relate to it. Just one question, when making an application do you remember what were the mandatory docs asked to provide by your relative? In my case my parents are asked to provide 2 mandatory docs (1) Passports (2) Relationship with sponsor docs & (3) optional doc - proof of dependency like bank transfers & accommodation proof. Seems like its not really an optional doc because unless I tick this doc the application wont be sent.
(1) & (2) are good but did not expect home office to ask for the (3) as according to the guidelines dependency is assumed in parental relationship with EU Settlement Scheme.

Also, you considered lawyer for professional advice to make sure you got everything right first time? If you refer me one that'd be helpful thanks!

[CR001]

Hi Sobia,

Thanks for your time to share your experience as many can relate to it. Just one question, when making an application do you remember what were the mandatory docs asked to provide by your relative? In my case my parents are asked to provide 2 mandatory docs (1) Passports (2) Relationship with sponsor docs & (3) optional doc - proof of dependency like bank transfers & accommodation proof. Seems like its not really an optional doc because unless I tick this doc the application wont be sent.
(1) & (2) are good but did not expect home office to ask for the (3) as according to the guidelines dependency is assumed in parental relationship with EU Settlement Scheme.

Also, you considered lawyer for professional advice to make sure you got everything right first time? If you refer me one that'd be helpful thanks!

Members are not permitted to post names and details of lawyers in the forum.

[Sunil kumar123]

@cookie0801

Hi cookie,

Just looking for some help. trying to apply euss fp for my mother as it says dependency is assumed. but there is question asking if my monther is rely on money on sponser if then then how much?? they also asking for money transfer reciept?? can you guide on that please. do i need to say no on question of ny monther rely financially on sponser.

[Cookie0801]

@cookie0801

Hi cookie,

Just looking for some help. trying to apply EU Settlement Scheme fp for my mother as it says dependency is assumed. but there is question asking if my monther is rely on money on sponser if then then how much?? they also asking for money transfer reciept?? can you guide on that please. do i need to say no on question of ny monther rely financially on sponser.

Hello Sunil,

Do you send money over to your mum?? If you do then just write down the amount in the application form and include a few months of transfer slips in your evidence.

But don’t worry if you don’t send money. It isn’t necessary as Dependency is assumed. If you say no she is not dependent just include a cover letter to explain your situation and write in the letter that you have not provided transfer slips because as stated on the gov.uk website, dependency is assumed. Just explain in your cover letter than the application wouldn’t allow you to submit unless you ticked all the boxes.

Here is an example of a member of this forum you successfully sponsored a parent without using transfer slips.
eea-route-applications/eu-settlement-sc ... s#p1794742