Immigrationboards.com

Hello guys and hope everyone doing well
I need help pls if any one can give me some advice will be much preciated thank u
My story
I'm non EU national I have eea resistance card and and I been granted pre settled as well I'm married to an eu national we have some who is British citizen I applied for family permit for my sister under the eu settlement scheme from Morocco and shes got refused my eu partner she was the sponsor coz shes my wife and shes her sister in law my sister shes 16 years old the fact that shes young I can't send her money I used give her cash only when I'm there or my family member goes back home
What I do need to do now pls
I'm thinking to apply for visitor Visa for her and once shes in the uk she can apply to the eu settlement
Thanks for reading and ur advice will be very helpful thanks again

I'm thinking to apply for visitor Visa for her and once shes in the uk she can apply to the eu settlement

Hello

She can't apply for a visitor visa. Once you apply for any settlement route in the UK and get a refusal, you won't qualify for a visitor visa.

Would you mind sharing the refusal letter? (please hide any personal details, reference numbers...)

Your sister almost certainly does not qualify for an EFM Residence Card or Family permit because she does not meet the definition of an Extended Family Member.

Free Movement Rights: extended family members of EEA nationals wrote:From 1 February 2017 the rights of extended family members only applies to relatives of the EEA national and not to relatives of the EEA national’s spouse or civil partner. This means that an extended family member can no longer rely on their relationship to the EEA national’s spouse or civil partner in order to meet the requirements of regulation 8. Instead, they must show that they are related to the EEA national.(Page

Also, Extended Family Members (such as your sister, the sister-in-law of the EEA citizen) can't apply under the EU Settlement Scheme.

The EU Settlement Scheme is only open to EEA citizens, their family members (spouse, children and parents) and those extended family members who have already been issued an EFM Residence Card.

secret.simon wrote: ↑

Sat Oct 19, 2019 9:32 pm

Your sister almost certainly does not qualify for an EFM Residence Card or Family permit because she does not meet the definition of an Extended Family Member.

I am not sure that what you have written is the law. You may well be correct that such is the UKVI policy and the regulation may indicate so. However in paragraph 17 of the Supreme Court judgement in SM(Algeria), the court did not accept that approach. A more recent unreported tribunal decision also states that, and very correctly, that the regulations is very restrictive.

http://www.bailii.org/uk/cases/UKAITUR/ ... 12018.html

I know that the Home Office has been inconsistent in the application of this policy regarding the definition of the Extended Family Member of an EEA national.

Summer 2017, well after that Feb 1st, 2017 change, I sponsored someone from my wife's family. The person was living with us a the time under a PBS visa. Still, the application worked immediately and without any question from the Home Office. If they wanted to refuse it, they had a very easy option by claiming the person is not from my family but my wife's family.

Tiktok wrote: ↑

Sun Jan 26, 2020 4:47 pm

I'm non eu national married to an eu nation and we have baby 15 months old and has British citizenship I have eea residence card and also have pre settled my mum and dad lives in Morocco I would then to come and stay with me for little while I'm I want to apply for eea family permit for them but I'm scared if they be refused they will never qualify for visit Visa as when u apply for family permit u need to show independcy money transfer 
I really need help what options I have 
What steps I need to take 
Ur help will be much appreciated 
Thanks a lot for reading

Tiktok wrote: ↑

Sun Jan 26, 2020 4:47 pm

I'm non eu national married to an eu nation and we have baby 15 months old and has British citizenship I have eea residence card and also have pre settled my mum and dad lives in Morocco I would then to come and stay with me for little while I'm I want to apply for eea family permit for them but I'm scared if they be refused they will never qualify for visit Visa as when u apply for family permit u need to show independcy money transfer 
I really need help what options I have 
What steps I need to take 
Ur help will be much appreciated 
Thanks a lot for reading