EUSS refused for extended family

[Petranile]

Hello all,

Can someone please help my niece out? She applied for EEA Family Permit in 2019 and was refused. She made an appeal and won on the 20th of January 2021. She was issued EEA Family Peemit on the 15th of May 2021 and entered the country on the 3rd of June.

She applied for EUSS and has just being refused stating she is not a joining Family member and that she was not in the country by 30th December 2020.

Can you please advise if she has a case to challenge as her aunty was resident prior to the deadline. Aunty has being in the country since 2011.

[Obie]

She has a strong basis to challenge and have the refusal overturned on the basis of present changes.

[Petranile]

Please on what grounds can she challenge the decision? Is there any article or guidelines to challenge the decision on?

She has noted that the new guidelines focus on extended family outside the UK, who are yet to arrive after their successful decision.

[Obie]

Was there a right of appeal?

[Petranile]

Yes there was a right to appeal and also adminstrative review.

[euspouse07]

following extracts from the caseworker guidance EU Settlement Scheme: EU, other EEA and Swiss citizens and their family members published for Home Office staff on 21 May 2021 which states; (Page 109)
A dependent relative is defined in Annex 1 to Appendix EU as either:
• under sub-paragraph (a)(i), a relative (other than a spouse, civil partner, durable
partner, child or dependent parent) of their sponsoring person, and the person is (or for the relevant period was) a dependant of the sponsoring person, a member of their household or in strict need of their personal care

[andes66]

we are in a similar position but I am acutely aware that the Home Office has acknowledged this issue and is about to publish new guidance on this.

You can find more on this in Home office's response in Sept 21 on the 3 millions website (Reply from Home Office to our letter about extended family members and family permits)

In the meantime, you can appeal or lodge an admin review. we are going for a review as we hope the rules will change in time.

I hope this helps

[a.s.b.o]

following extracts from the caseworker guidance EU Settlement Scheme: EU, other EEA and Swiss citizens and their family members published for Home Office staff on 21 May 2021 which states; (Page 109)
A dependent relative is defined in Annex 1 to Appendix EU as either:
• under sub-paragraph (a)(i), a relative (other than a spouse, civil partner, durable
partner, child or dependent parent) of their sponsoring person, and the person is (or for the relevant period was) a dependant of the sponsoring person, a member of their household or in strict need of their personal care

Isn't it that dependency was assumed (i.e. not requiring proof) in applications lodged before 30/06/2021?

[euspouse07]

That as for EUSS family permits