EEA Family Permit Refusal on Weak Points - Please advise?
Posted: Fri Sep 06, 2019 10:01 am
Good Morning,
I've been a long admirer and spectator of this board for some while now and hoped to post good news (had it arrived).
However, it seems the team dealing with EEA Family Permits have inconsistent approaches to processing each application and have left myself intensely disappointed.
Ok so here goes our journey;
(Sponsor - Myself)
1.I'm a Spanish National
2. Living/Working in UK since November 2018
3. Pre-Settled Status Granted in July 2019
4. I have supported (financially) my Brother and Sister-in-Law in Pakistan for the past 7 years
5. I have never claimed Public Funds in the UK nor Spain
6. Average Earnings in Spain was €1700 per month after deductions (I.e Net Income)
7. UK Earnings have gone from £1000 to £1420 (Net Income) after 6 month performance review resulting in an improved contract
My Brother and His Wife applied for an 'EEA Extended Family Permit' (first time) as follows;
Evidence/Documents Submitted:
1. DNA Report
2. Passport Copies for Everyone
3. National I.D Cards for Everyone
4. Birth Certificates for Everyone
5. Parents I.D Cards
6. Family Certificate
7. Sponsor Wage Slips x3 (JAN, FEB, MAR)
8. Letter from Employer stating Employment particulars confirming permanent Job
9. Pension Enrolment Confirmation Letter
10. Remittance Slips - 4 x UK (JAN, FEB, MAR 2019), 3 x Spain (2018), 3 x Spain (2017)
11. UK Bank Statement (Sponsor) - Showing Wages, Money Transfer etc
12. Pak Bank Statement (Applicant) - Showing Receipt of Money Transfer
13. Utility Bills (Sponsor) - Water, Electric & Gas
14. WhatsApp Records of correspondence (x6)
15. Pictures of us together over the years (x5)
16. Tenancy Agreement with explicit permission written in for Applicants to reside alongside myself
16. Statutory Declaration
Timeline:
19/03/19 - Online Application Submitted
29/03/2019 - Biometrics & Scanning done @ Gerry's Mirpur, Pakistan
01/05/19 - Called to chase status and was notified that it is a "Not Straight Forward Case"
01/06/19 - Called to Esacalate as no response revived
05/06/19 - MP wrote Letter requesting an update
20/06/19 - Home Office response to MP Letter with a generic 'Not Straight Forward' label notifying indefinite period to reach a decision
06/07/19 - Refusal Letters attached to email sent to Solictor

Refusal Points:
1. Not enough Money Transfer Slips
2. No Current Evidence of Applicants Circumstances i.e Income, Expenditure and "Financial Position"
3. Low Income - I.e £960 net per month is not sufficient to support Brother, Sister-in-Law aswell as myself
(Second Application)
Evidence/Documents Submitted:
All the same as the first Application time, with the addition of;
1. 4 x Wage Slips (APR, MAY, JUNE, JULY)
2. 35 x Money Transfer Receipts ranging from 2014-2019 with a total sum sent of £6900 - averaging 20,000pkr per month (some months records lost and not retrievable hence not a continuous trail of receipts)
3. 18 x Spanish Wage Slips showing I earned on average €1700 net per month - this was to demosntrate my level of employment and healthy income to maintain my Brother
3. (Sponsor) Employer Statement confirming amended/improved contract - NET Income Increased from £980 to £1426 per Month from July
4. (Applicant) - Land Registry Record confirming next to none Assets with only 30,000PKR (£160) annual income from it
5. (Applicant) - Official Notarized Income & Expenditure showing next to No Income (apart from my Money Transfers) and Expenditure
6. Five page detailed letter from myself stating how the last refusal points have been rebuked by evidence sent this time round and other important information
Timeline:
9/8/19 - Online Application Submitted
22/8/19 - Biometrics & Document Scanning @ VFS, Islamabad
23/8/19 - Email from "VISAINFO.SHEFO@fco.gov.uk" stating Application received UK DMC
4/9/19 - Email from VFS Global stating:
Dear XXXX,
The processed visa application for GWF reference number - GWFxxxxxxxx was received at the UK Visa Application Centre on 9/4/2019 .
If a courier service was purchased from VFS Global, your processed application will be delivered to the chosen address.
5/9/19 - Refusal Letters given at VFS, Islamabad
Refusal Points:
1. ECA officer states (summarised):
Sponsor Entered UK in November 2018, you have provided Money Transfer receipts from JAN to AUG 2019.
"I would expect to see further evidence that you have been dependent on your EEA Sponsor since their entry to the UK"
Prior to these receipts, there is only one Money Transfer Receipt from 2015.
(My response:
(a)I arrived in the UK on 26th November 2018 and had sent my Brother nearly three months worth of remittance in one go, before coming to the UK - but the ECA obviously hasn't had common sense to realise this and is knit picking as to why I did not present a DEC '18 receipt?!
(b). Also my Brother had all the previous Money Transfer Receipts I made to him from Spain, scanned at VFS, so how can the ECA say they only have one from 2015?! There were atleast x25 ranging from 2014 to 2018!
2. "I note that you have provided your EEA Sponsors Wage Slips 25 Janurary 2019 to 25 June 2019 showing that he earned on average £970.
I further note that you have provided a wage slip dated 25 July 2019 showing your EEA Sponsor earned £1424. To be able to maintain you whilst in the UK, I would expect to see further evidence such as Wage slips and Bank Statements, that confirms that your EEA Sponsor will continue to earn this higher wage in order to have sufficient funds to maintain you whilst in the UK.
On the balance of probabilities, taking into account your EEA Sponsors average earnings before July 2019, I am not confident that your EEA Sponsor consistently earns sufficient funds to support you whilst in the UK.
I therefore refuse your EEA Family Permit Application...."
(My response:
(a). I not only provided the Wage Slip from July 2019 showing the increase in Wages & Hours but I also sent a letter from my Employer with my Employment particulars which highlighted my good performance, and due to this they decided to increase my Hours and Hourly rate of pay, also emphasising this was a Permanent Role.
(b). Then How is the ECA making any sense when asking to see "further evidence of Wage Slips & Bank Statements confirming I shall earn this higher wage" when I have sent them the latest editions of both AND the letter from my Employer??!!
I'm not usually one to get worked up over such things however I can sympathise with the first ECA as most are valid points, but when the second application is made with ALL the relevant evidence to satisfy the first set of objections, this ECA comes back with pathetic and illogical points of refusal.
I'm sorry for the long message however I hope to get some advice and I'm also hoping that other people in the same situation know that they are not alone.
Much appreciated
I've been a long admirer and spectator of this board for some while now and hoped to post good news (had it arrived).
However, it seems the team dealing with EEA Family Permits have inconsistent approaches to processing each application and have left myself intensely disappointed.
Ok so here goes our journey;
(Sponsor - Myself)
1.I'm a Spanish National
2. Living/Working in UK since November 2018
3. Pre-Settled Status Granted in July 2019
4. I have supported (financially) my Brother and Sister-in-Law in Pakistan for the past 7 years
5. I have never claimed Public Funds in the UK nor Spain
6. Average Earnings in Spain was €1700 per month after deductions (I.e Net Income)
7. UK Earnings have gone from £1000 to £1420 (Net Income) after 6 month performance review resulting in an improved contract
My Brother and His Wife applied for an 'EEA Extended Family Permit' (first time) as follows;
Evidence/Documents Submitted:
1. DNA Report
2. Passport Copies for Everyone
3. National I.D Cards for Everyone
4. Birth Certificates for Everyone
5. Parents I.D Cards
6. Family Certificate
7. Sponsor Wage Slips x3 (JAN, FEB, MAR)
8. Letter from Employer stating Employment particulars confirming permanent Job
9. Pension Enrolment Confirmation Letter
10. Remittance Slips - 4 x UK (JAN, FEB, MAR 2019), 3 x Spain (2018), 3 x Spain (2017)
11. UK Bank Statement (Sponsor) - Showing Wages, Money Transfer etc
12. Pak Bank Statement (Applicant) - Showing Receipt of Money Transfer
13. Utility Bills (Sponsor) - Water, Electric & Gas
14. WhatsApp Records of correspondence (x6)
15. Pictures of us together over the years (x5)
16. Tenancy Agreement with explicit permission written in for Applicants to reside alongside myself
16. Statutory Declaration
Timeline:
19/03/19 - Online Application Submitted
29/03/2019 - Biometrics & Scanning done @ Gerry's Mirpur, Pakistan
01/05/19 - Called to chase status and was notified that it is a "Not Straight Forward Case"
01/06/19 - Called to Esacalate as no response revived
05/06/19 - MP wrote Letter requesting an update
20/06/19 - Home Office response to MP Letter with a generic 'Not Straight Forward' label notifying indefinite period to reach a decision
06/07/19 - Refusal Letters attached to email sent to Solictor
Refusal Points:
1. Not enough Money Transfer Slips
2. No Current Evidence of Applicants Circumstances i.e Income, Expenditure and "Financial Position"
3. Low Income - I.e £960 net per month is not sufficient to support Brother, Sister-in-Law aswell as myself
(Second Application)
Evidence/Documents Submitted:
All the same as the first Application time, with the addition of;
1. 4 x Wage Slips (APR, MAY, JUNE, JULY)
2. 35 x Money Transfer Receipts ranging from 2014-2019 with a total sum sent of £6900 - averaging 20,000pkr per month (some months records lost and not retrievable hence not a continuous trail of receipts)
3. 18 x Spanish Wage Slips showing I earned on average €1700 net per month - this was to demosntrate my level of employment and healthy income to maintain my Brother
3. (Sponsor) Employer Statement confirming amended/improved contract - NET Income Increased from £980 to £1426 per Month from July
4. (Applicant) - Land Registry Record confirming next to none Assets with only 30,000PKR (£160) annual income from it
5. (Applicant) - Official Notarized Income & Expenditure showing next to No Income (apart from my Money Transfers) and Expenditure
6. Five page detailed letter from myself stating how the last refusal points have been rebuked by evidence sent this time round and other important information
Timeline:
9/8/19 - Online Application Submitted
22/8/19 - Biometrics & Document Scanning @ VFS, Islamabad
23/8/19 - Email from "VISAINFO.SHEFO@fco.gov.uk" stating Application received UK DMC
4/9/19 - Email from VFS Global stating:
Dear XXXX,
The processed visa application for GWF reference number - GWFxxxxxxxx was received at the UK Visa Application Centre on 9/4/2019 .
If a courier service was purchased from VFS Global, your processed application will be delivered to the chosen address.
5/9/19 - Refusal Letters given at VFS, Islamabad
Refusal Points:
1. ECA officer states (summarised):
Sponsor Entered UK in November 2018, you have provided Money Transfer receipts from JAN to AUG 2019.
"I would expect to see further evidence that you have been dependent on your EEA Sponsor since their entry to the UK"
Prior to these receipts, there is only one Money Transfer Receipt from 2015.
(My response:
(a)I arrived in the UK on 26th November 2018 and had sent my Brother nearly three months worth of remittance in one go, before coming to the UK - but the ECA obviously hasn't had common sense to realise this and is knit picking as to why I did not present a DEC '18 receipt?!
(b). Also my Brother had all the previous Money Transfer Receipts I made to him from Spain, scanned at VFS, so how can the ECA say they only have one from 2015?! There were atleast x25 ranging from 2014 to 2018!
2. "I note that you have provided your EEA Sponsors Wage Slips 25 Janurary 2019 to 25 June 2019 showing that he earned on average £970.
I further note that you have provided a wage slip dated 25 July 2019 showing your EEA Sponsor earned £1424. To be able to maintain you whilst in the UK, I would expect to see further evidence such as Wage slips and Bank Statements, that confirms that your EEA Sponsor will continue to earn this higher wage in order to have sufficient funds to maintain you whilst in the UK.
On the balance of probabilities, taking into account your EEA Sponsors average earnings before July 2019, I am not confident that your EEA Sponsor consistently earns sufficient funds to support you whilst in the UK.
I therefore refuse your EEA Family Permit Application...."
(My response:
(a). I not only provided the Wage Slip from July 2019 showing the increase in Wages & Hours but I also sent a letter from my Employer with my Employment particulars which highlighted my good performance, and due to this they decided to increase my Hours and Hourly rate of pay, also emphasising this was a Permanent Role.
(b). Then How is the ECA making any sense when asking to see "further evidence of Wage Slips & Bank Statements confirming I shall earn this higher wage" when I have sent them the latest editions of both AND the letter from my Employer??!!
I'm not usually one to get worked up over such things however I can sympathise with the first ECA as most are valid points, but when the second application is made with ALL the relevant evidence to satisfy the first set of objections, this ECA comes back with pathetic and illogical points of refusal.
I'm sorry for the long message however I hope to get some advice and I'm also hoping that other people in the same situation know that they are not alone.
Much appreciated