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EEA FAMILY PERMIT REFUSAL FOR MY MOTHER

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

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montana
- thin ice -
Posts: 70
Joined: Thu Nov 03, 2011 2:03 pm
Location: UK

EEA FAMILY PERMIT REFUSAL FOR MY MOTHER

Post by montana » Fri Feb 10, 2012 8:05 pm

I HAVE APPLIED AND THE REASON MY MOTHER WAS REFUSED THE FAMILY PERMIT ARE ON THE FOLLOWING REASON.PLEASE ADVICE ON WHAT I HAVE TO SAY IN THE NEXT NEW PAPPLICATION:;;;


The Decision
• You have applied to travel to the UK as the dependant of your eea. Your son xxxxxxx has also applied to travel with you. You have completed your visa application form on-line and stated you wished to visit for 1-2 months, arriving 21/12/2012 and departing 20/02/2012 however you have crossed through these dates and in pen you have written you wish to settle in the UK(((this was because at the embassy they said if you going for a visit then you apply for a visitors visa and you need to pay a fee and siaid if you applying for a family permit then its only for a permanent setlement)). You have provided a letter of invitation from your son however this clearly indicates he is expecting you for a short visit, not to remain with him permanently. He has made no mention of your dependency on him or the fact that he consents to this new arrangement. • In order to qualify as the dependant of your son you are required to show you are mainly financially dependent on him. Whilst I acknowledge you have provided some money transfer receipts from your son to you I do not consider this to be sufficient evidence to show you are mainly dependant on him. You live on a farm that was left to you by your late father and you have 4 children aside from your son Tyrone, who are residing at boarding schoo((these are my step brothers who are taken care of by thier dads relatives))))l. You have not stated where the funds are derived from to financially support this or provided any evidence to show they come from your son in the UK. I am therefore not satisfied that you are a family member in accordance with Regulation 7 of the Immigration (European Economic Area) Regulations 2006 (((she provided her passport and i provied my birthcertificate)))
I therefore refuse your EEA family permit application because I am not satisfied that you meet all of requirements of Regulation 12 of the Immiaration (European Economic Area) Regulations 2006.
PLEASE ADVICE BEFORE I REAPPLY
CHARLIE MONTANA

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Re: EEA FAMILY PERMIT REFUSAL FOR MY MOTHER

Post by Directive/2004/38/EC » Sat Feb 11, 2012 9:20 am

Read carefully what they have written. They say "you have not provided..." in several places.

Remember that your mother must be dependent on you. And so you need to prove that.

montana
- thin ice -
Posts: 70
Joined: Thu Nov 03, 2011 2:03 pm
Location: UK

Post by montana » Sat Feb 11, 2012 11:29 am

I did supply western union money transcripts and and i dont support my half sisters and brothers cause had a different dad.And i also used to send money and commodies through friendies who travelled from uk to zambia.
CHARLIE MONTANA

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Sat Feb 11, 2012 11:55 am

I am not going to talk about the invitation letter, as it had no basis in law.

The proper question is dependency. Does your mum need your support to meet her essential needs in Zambia.

If she does, then she is dependant on you and qualifies under Regulation 7.

How does she put food on table, roof over her head, is she retired or has she ever worked, does she receive state pension, and is this sufficient to meet her houshold needs. How long have you been providing this support. Is it structured and consistent in Nature. You will need to address these issues to prove genuine dependency.

I have edited the personal details from your post.
Smooth seas do not make skilful sailors

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Sat Feb 11, 2012 11:58 am

montana wrote:I did supply western union money transcripts and and i dont support my half sisters and brothers cause had a different dad.And i also used to send money and commodies through friendies who travelled from uk to zambia.
A few money transfer receipts does not make very conclusive evidence on their own.

The point is to read carefully what the IO wrote, revisit the evidence and see if you can make a more convincing presentation, and reapply.

You should include a cover letter. If you intends to remain in the UK, you should very clearly say so in the cover letter. If she intends to visit for a short while, then say that.

In all cases where there is a relevant EEA family member, then the right thing to apply for is the EEA Family Permit

montana
- thin ice -
Posts: 70
Joined: Thu Nov 03, 2011 2:03 pm
Location: UK

Post by montana » Sun Feb 12, 2012 2:08 am

Thank you very much for your adivce and honest answers people of the earth.O nly will only say in life and cultre things are different.am tearly reapplying to this forum and answer cause am touched and that i feel so void because anECO will simply look at what people provide and not their Humman rights.its sad to say from my country,i do look after my mum even wen it does coz lifts between me and my partner and i have done so for 4 years.my mum is 200% depependent on me no one can understand apart form the pinch which she leaves when i look at my account at the end of the month.i have sent sponsorship money consitently to pay for her food,clothes and neccessities but i cant say structured cause when you live and learn then you realise that we need to keep certain things we might need them in future l in reference to "structured".i have fgone through so much with my mother that ot even my mother knows such that i feel so depressedd being away from her instead of me being woth my mum as i know where it hates and some people might just use this as a job to give adivice but to be honest despite bieng emotional.i would give anything cause my mum dont deserve to live like a person in a slam when she has freedom of movement as a humman bieng.
CHARLIE MONTANA

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Mon Feb 13, 2012 3:10 am

Montana perhaps you should proceed with the appeal.
A Judge will have to take into account oral statement , which ECO dont.
This will give you and you mother an opportunity to prove your case
Smooth seas do not make skilful sailors

montana
- thin ice -
Posts: 70
Joined: Thu Nov 03, 2011 2:03 pm
Location: UK

EEA FAMILY permit Appeal

Post by montana » Mon Feb 13, 2012 9:13 pm

the date for appeal has now passed hence i will only re apply .I would like to find out if any of you well informed expartees can help me with writing a strong worded letter quoting the regulstions which where not taken into account when applyng before and even help me with suggestiongs on what to write on the additional info page
CHARLIE MONTANA

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