EEA SETTLEMENT APPLICATION REFUSED 3Rd TIME

[Baba24]

Dear All

My apologies, I might not have posted on the right place please just pardon me. I am a Nigerian holding an EEA permanent residence card and have also registered and got the EEA settlement status due to Brexit.

I made an application for my daughter in Nigeria to join me three times n on all three occasions she was denied. Each of the entry clearance officer denied one same ground which was ...... You claimed your EEA family member is a Nigeria national so under this circumstance you did not qualified for an EEA settlement........... .

I am not sure but I am certain I am making a mistake so where on the application, I kept indicating I am a Nigerian National on the application as a father and yes in truth I am a Nigeria as I hold a Nigeria passport. Am I getting something wrong please?

I will need your opinion on this please. I appreciate your advice I advance and I will like to be put in the right direction. Thank you everyone. Cheers

[Obie]

Where is your EEA spouse or sponsor, you still married to her?

[Baba24]

Many thanks for your swift response. Yes I am still married to her and I did included our marriage certificate in all three applications though I did not include my spouse EEA passport with the application as I though there is no need. My EEA spouse has a settled status as well as a permanent residence card.

Please Obie can you advice further on what am missing please? Regards

[Zerubbabel]

Hello

The Home Office is 100% right on this one: "You claimed your EEA family member is a Nigeria national so under this circumstance you did not qualified for an EEA settlement"

A non-EEA national cannot sponsor anyone under EEA routes. Even if that non-EEA national holds an EEA PR, that doesn't open the same rights as an EEA passport.That right to sponsor family within EEA countries is very specific to EEA nationals and cannot be passed to non-EEA nationals.

Your daughter needs to apply again but this time referring to your EEA wife as the sponsor. She also needs to demonstrate full relationship path: your marriage to the EEA national + the fact that she is your daughter. You also need to include the EEA passport.

[Baba24]

Hi

Many thanks Zerubbabel for this great response. Will it be sufficient if I include my EEA spouse permanent residence card only or include her EEA passport only or both please? Alternatively will the inclusion of both be appropriate please?

Many thanks . I appreciate your response.

Regards

[Zerubbabel]

Hello

You know, the Home Office are not your friend. They saw you doing the same mistakes 3 times but they kept responding exactly to your representation.

I would include the EEA passport. This is critical. Because only when there is an EEA national in the equation that they can start talking as the application is within their jurisdiction. Without the proof that the sponsor is an EEA national, the story stops there.

Then, you need to prove that your EEA national resides in the UK. Does your wife work?

[Baba24]

Thank you again,

Yes my spouse does work. However, as far as am aware she also hold a permanent resident status n a settlement status which mean she will not be mandatory to included payslip even though I can include the pay slip. Pls correct me if am wrong here.

My spouse also reside in UK since 2008 till now. I will be making a new application as you have pointed out then using my spouse as the sponsor, I already have a DNA test to proof paternity from DDC UK. I hope this time it will work out well. I am great full for your help and advice. Thank you so much. Please if there are more information you have for me on this please do not hesitate to pass it through. I will be here to post an update as I progress. I appreciate you all. Thank you too Obie.

Regards

[Zerubbabel]

Well crafted EEA applications especially for close family members (by opposition to extended) are nearly impossible to refuse for the Home Office.

There have only few grounds to refuse:

- There is no EEA national (they did that to you 3 times)
- There is an EEA national but that EEA national is not in the UK (to avoid that, send payslips even if it's not mandatory)
- There is an EEA national in the UK but he/she is not your relative (max out here by demonstrating the full relationship from your wife to your daughter)

If you are applying under the EU Settlement Scheme, don't forget that the EEA FM is still open and it doesn't hurt by applying under EEA too.

[Obie]

The parents of the spouse of an EEA citizen, derives the right from the relationship with the EU citizen and not to the EU citizen directly.

Provided the relationship exist and the applicant makes clear that their child or one of their parents is married to an EEA national, the Entry clearance officer should not have acted as he did. That is unlawful.

[Zerubbabel]

What Zerubbabel is saying does not make much sense to me.

The parents of the spouse of an EEA citizen, derives the right from the relationship with the EU citizen and not to the EU citizen directly.

Provided the relationship exist and the applicant makes clear that their child or one of their parents is married to an EEA national, the Entry clearance officer should not have acted as he did. That is unlawful.

If you put a non-EEA national as sponsor, the application fails. If they see only non-EEA passports in the application deck, it means it's not within their jurisdiction.

I agree with you in the sense that they could have gone an extra-mile considering that the gentlemen applied 3 times and he is obviously married to an EEA national. But they probably took the application by the letter: if the girl puts her father (non-EEA) as sponsor, she doesn't qualify.

But hopefully with a reworded application putting the focus on the EEA sponsor, it will work out of the box.

[Obie]

I take your point onboard, albeit post-writing, and hence the reason for editing my post, unfortunately your probably had citied my post and was writing at the time of my editing.

[Zerubbabel]

No worries. You can delete my response if you like. The timer lapsed. I can't edit it myself.

[Obie]

No worries. You can delete my response if you like. The timer lapsed. I can't edit it myself.

I do not think that will be proper or necessary for me to delete your post, but it is on record, that i agree with the views you expressed on this thread.

[Zerubbabel]

No worries Obie. You are welcome indeed.

Hope the OP will get us a good news at one point.

[Baba24]

Thank you Obie and Zerubbbel. I appreciate you both. Now I get it where I have been wrong. I am getting together another application and this time I will work it out exactly how you too have demonstrated. I will be back to post updates. Thank you once again. I appreciate you both. Regards