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PR for EFM refused
Posted: Mon Dec 18, 2017 8:15 pm
by Chioky
Good evening, just trying to get my head around this refusal letter. Submitted application for PR as a family member of EEA national in September. On Saturday, i received all the documents I submitted with a refusal letter stating that:
"Based on the evidence provided, it is accepted that i am the relative of an EEA or Swiss national. However, you have not provided adequate evidence that you have continued to be dependent upon your sponsor since they entered UK. In reviewing your evidence and application form, it is noted you have stated your EEA sponsor is responsible for the rent and you are jointly responsible for other household bills. The bills amount to more than what is stated on your Sponsor's HMRC documents as income. The evidence shows that you have earned more than your EEA sponsor. Therefore the evidence does not prove that you have been continuously dependent on your sponsor."
And I have a right to appeal against their decision.
I am kind of unclear as to if it is against the law to earn more than my sponsor as EFM. Even after proving that I am still a member of thier household and they are exercising treaty rights.
Anyone with advise should please help.
Re: PR for EFM refused
Posted: Tue Dec 19, 2017 6:20 am
by Chioky
Can anyone with similar experience or relevant view to this please please advice as i need to either reapply or appeal this week before Christmas holiday.
Many thanks in advance.
Re: PR for EFM refused
Posted: Tue Dec 19, 2017 9:51 am
by oakley10
what the relative between you and your sponsor?
Re: PR for EFM refused
Posted: Tue Dec 19, 2017 10:57 am
by Obie
If there is an household membership and the EEA national is incharge of the household, then even if you are not dependent, you will still qualify.
You should make an appeal, otherwise you will lose work rights.
Re: PR for EFM refused
Posted: Tue Dec 19, 2017 11:18 am
by oakley10
hi obie .
can you please explain more what you mean by you topic. thanks
Re: PR for EFM refused
Posted: Tue Dec 19, 2017 11:24 am
by Obie
oakley10 wrote: ↑Tue Dec 19, 2017 11:18 am
hi obie .
can you please explain more what you mean by you topic. thanks
I did not mention "you topic" anywhere on my post.
Re: PR for EFM refused
Posted: Tue Dec 19, 2017 11:43 am
by oakley10
sorry again obie.
but realy I did not understand how to prove membership of the household .
can you explain to me more .and if dependant earned more money than sponsor it will be a problem?
Re: PR for EFM refused
Posted: Tue Dec 19, 2017 11:51 am
by Obie
Not sure your particular circumstances or how your case was presented to the Home office. So it is hard to comment much on this matter.
All I can say is that household membership and dependency are separate matters in EU law.
Re: PR for EFM refused
Posted: Tue Dec 19, 2017 12:06 pm
by Osafidence
Chioky wrote: ↑Mon Dec 18, 2017 8:15 pm
Good evening, just trying to get my head around this refusal letter. Submitted application for PR as a family member of EEA national in September. On Saturday, i received all the documents I submitted with a refusal letter stating that:
"Based on the evidence provided, it is accepted that i am the relative of an EEA or Swiss national. However, you have not provided adequate evidence that you have continued to be dependent upon your sponsor since they entered UK. In reviewing your evidence and application form, it is noted you have stated your EEA sponsor is responsible for the rent and you are jointly responsible for other household bills. The bills amount to more than what is stated on your Sponsor's HMRC documents as income. The evidence shows that you have earned more than your EEA sponsor. Therefore the evidence does not prove that you have been continuously dependent on your sponsor."
And I have a right to appeal against their decision.
I am kind of unclear as to if it is against the law to earn more than my sponsor as EFM. Even after proving that I am still a member of thier household and they are exercising treaty rights.
Anyone with advise should please help.
Hi
Sorry to hear this from you......But are you spouse or partner to your EU National?
I am extended family member to my Aunt and I earn £10,000 more than her yearly. ....l logged my pr application 6 weeks ago......my Coa without work Seeing your post has got me confused. There's no place in the European law that state earn less than your sponsor. Just appeal and hope it turns out with positive result. I will keep you posted on my outcome. For now i will sit back and enjoy the festive season..I can't go and kill myself.... i will cry after new year
.... Regards
Re: PR for EFM refused
Posted: Tue Dec 19, 2017 4:09 pm
by Chioky
Obie wrote: ↑Tue Dec 19, 2017 10:57 am
If there is an household membership and the EEA national is incharge of the household, then even if you are not dependent, you will still qualify.
You should make an appeal, otherwise you will lose work rights.
Many thanks Obie for your response.
My sponsor pays the rent, council tax and I pay gas and electric. We both work but I earn more than her and I have been a member of her household for over 6yrs. My sponsors partner is also EEA and works and have being residing in the UK since 2011.
They did state that it is accepted that i am a relative of an EEA or Swiss national but didn't reflect on being a member of their household.
Do I lose work rights if I reapply?
Thanks in advance.
RC instead of PR
Posted: Mon Apr 09, 2018 1:10 pm
by Chioky
Many thanks to all contributors. I applied for PR as EFM of an EEA national last September however, it was refused because I was apparently earning more than my sponsor although I was and still a member of their household. In January, we decided to apply together and my sister was issued a PR with PR date from 2017. My card arrived today with 5years RC valid until 2023. It's confusing and really upsetting because my previous RC was issued in 2012 and expired last year. There's no mention of PR in the letter. Is this right? Has anyone experienced such before?
Re: RC instead of PR
Posted: Mon Apr 09, 2018 1:33 pm
by secret.simon
What are your nationalities? What are the nationalities of your sponsor? How are you related to your sponsor?
Re: RC instead of PR
Posted: Mon Apr 09, 2018 1:39 pm
by CR001
Re: RC instead of PR
Posted: Mon Apr 09, 2018 2:40 pm
by Chioky
secret.simon wrote: ↑Mon Apr 09, 2018 1:33 pm
What are your nationalities? What are the nationalities of your sponsor? How are you related to your sponsor?
Does our nationalities matter? She is an EEA national and myself non EEA. I have lived with her and her husband both EEA for over 7 years. She was given PR and myself RC while we both applied for PR using the same application form. My initial RC was issued in 2012 which meant I could now apply for PR as there's been no change in our circumstances. My RC was issued based on the fact I was a member of her household and she and her husband exercising treaty rights.
Re: RC instead of PR
Posted: Mon Apr 09, 2018 2:44 pm
by Chioky
Thanks. I tried but couldn't work out how to merge the two.
Re: RC instead of PR
Posted: Mon Apr 09, 2018 2:45 pm
by CR001
Chioky wrote: ↑Mon Apr 09, 2018 2:44 pm
Thanks. I tried but couldn't work out how to merge the two.
You can't do it yourself. You could have simply continue in your existing topic you already had.
Re: RC instead of PR
Posted: Mon Apr 09, 2018 2:47 pm
by Noneabout
How unusual!? Did you re-apply for PR and were issued a RC?
THe only thing I can think of would be that your sister is earning less. Is that the case?
Re: RC instead of PR
Posted: Mon Apr 09, 2018 2:59 pm
by Chioky
Noneabout wrote: ↑Mon Apr 09, 2018 2:47 pm
How unusual!? Did you re-apply for PR and were issued a RC?
THe only thing I can think of would be that your sister is earning less. Is that the case?
She does earn less but her husband also EEA earns too.
Yes I reapplied for PR and she also applied for PR. Hers is on a blue card with no end date.
Re: RC instead of PR
Posted: Mon Apr 09, 2018 5:40 pm
by Chioky
Anyone with similar experience or knowledge should please share....
