EUSS Family Permit (Direct Family Member) Refusal

[mkpt]

Hi,

My EUSS Family Permit application from Pakistan was recently refused. My dad was my sponsor (EU National). I applied with my three children's age (4 years, 3 years & 9 months).

My application was refused, however my three children's have been issued EUSS family permits.

I am going to reapply but would like some guidance please.

Can someone advise me on the following few points please?

1- Domestic Circumstances
2- Essential Living Needs
3- Prolonged Financial Dependency
4- Adequate Evidence of Dependency
5- Article 8 of the European Convention on Human Rights


Kind Regards

[kamoe]

What is the exact wording of your refusal letter? Without knowing the exact reason your application was refused there is not much anyone can advise you on.

[mkpt]

How do I attach my refusal please?

[mkpt]

GV51 EUSS (ROA)
Rev 06/19
Post reference: *******
To: ******

Your Application
Thank you for your application for an EU Settlement Scheme (EUSS) Family Permit.
Your application has been carefully considered, but from the information available you
do not meet the requirements for a EUSS Family Permit.

The reasons for this decision are set out on the next page.

NOTICE OF IMMIGRATION DECISION

In compliance with the Immigration (Notices) Regulations 2003 made under section 105 of
the Nationality, Immigration and Asylum Act 2002
REFUSAL OF EUSS FAMILY PERMIT Reasons for Refusal

On 02 December 2020 you made an application for an EU Settlement Scheme (EUSS)
Family Permit under Appendix EU (Family Permit) to the Immigration Rules on the basis
that you are the family member of a relevant EEA citizen.

I have considered whether you meet the eligibility requirements set out in Appendix EU
(Family Permit): https://www.gov.uk/guidance/immigration ... milypermit

You can also find out more about the requirements in the guidance on GOV.UK:

https://www.gov.uk/family-permit/eu-set ... ily-permit

You have failed to provide adequate evidence to show that you are dependent on a
relevant EEA or Swiss citizen, or their spouse or civil partner, as set out in Appendix EU
(Family Permit) of the Immigration Rules.

Consideration has been made, based on the evidence and information you have
provided, and having regard to your financial and social conditions, or health, as to
whether you cannot meet your essential living needs (in whole or in part) without the
financial or other material support of the relevant EEA citizen or of the spouse or civil
partner.

As evidence of your dependency upon your relevant EEA Citizen sponsor or their
spouse or civil partner you have provided evidence of fund transfers from your sponsor
dated January 2019 to February 2020.

Guidance states that financial dependence should be interpreted as meaning that you
need the financial support of the EEA national in order to meet your essential needs in
the country where you are present – not in order to have a certain level of income.
However, it is noted that you have not provided any evidence of your own domestic
circumstance. Without such evidence I am unable to sufficiently determine that you
cannot meet essential living needs without financial or other material support from your
relevant EEA Citizen sponsor or their spouse or civil partner.

On that basis I am not satisfied that you are dependent on a relevant EEA or Swiss
citizen or their spouse or civil partner. Therefore, you do not meet the eligibility
requirements for an EUSS family permit as a dependent child, grandchild, great grandchild over the age of 21 of a relevant EEA or Swiss citizen, or their spouse or civil
partner.

Your application is therefore refused.

Next Steps
If you have further evidence you want us to consider, you can make another application
under the EUSS Family Permit at no cost: https://www.gov.uk/family-permit/eusett ... ily-permit

If you have any questions or would like to discuss this letter, details on contacting us
can be found on our website: https://www.gov.uk/contact-ukvi-inside-outside-uk/.

You can also appeal this decision to the First Tier Tribunal under the Immigration
Citizens’ Rights Appeals (EU Exit) Regulations 2020. You have 28 days from the date
since you received this decision to appeal.

You can appeal on the basis that the decision is not in accordance with the EUSS
Family Permit rules, or that it breaches any rights you have under the Withdrawal
Agreement, the EEA EFTA Separation Agreement, or the Swiss Citizens’ Rights
Agreement. You may bring or continue an appeal from inside or outside the UK.

Information and support on how to appeal, the process, and the fees payable are all
available online at [https://www.gov.uk/immigration-asylum-tribunal/overview].

You can get help and advice from a solicitor or an immigration adviser. You can also
contact Citizens Advice. If you are not getting help from a legal representative you can
read the guide on representing yourself.

Entry Clearance Officer: AL
Date of refusal: 08 Apr. 21
Date sent to applicant:
How sent
If notice personally handed to you by an Entry Clearance Officer, please sign below:
Applicant’s signature:
Date:

[ALKB]

Hi,

My EUSS Family Permit application from Pakistan was recently refused. My dad was my sponsor (EU National). I applied with my three children's age (4 years, 3 years & 9 months).

My application was refused, however my three children's have been issued EUSS family permits.

I am going to reapply but would like some guidance please.

Can someone advise me on the following few points please?

1- Domestic Circumstances
2- Essential Living Needs
3- Prolonged Financial Dependency
4- Adequate Evidence of Dependency
5- Article 8 of the European Convention on Human Rights


Kind Regards

How old are you?

Where is the other parent of your children?

February 2020 was over a year ago - have you received money from your father since then and do you not have any other income in the household?

[mkpt]

How old are you? 26 Year old

Where is the other parent of your children? I am married with three children's and currently living with my husband.

February 2020 was over a year ago - have you received money from your father since then and do you not have any other income in the household? Yes till today. (From January 2019 till May 2021)

[ALKB]

How old are you? 26 Year old

Where is the other parent of your children? I am married with three children's and currently living with my husband.

February 2020 was over a year ago - have you received money from your father since then and do you not have any other income in the household? Yes till today. (From January 2019 till May 2021)

So you are over 21 and have formed an independent life through marriage.

Has your husband also applied for a family permit? Does he not have any income at all?

To demonstrate dependency, you likely have to show (your/your husband's/joint) bank statements showing your expenses and that only your father's money is available to meet those expenses (rent, electricity, gas, food, etc.)

Why did you not provide evidence of payments being made between February 2020 and now?

[mkpt]

I got married 27/01/2014, when I was 19.

My husband was made redundant in April 2018. Since May 2018 he's unemployed.

I have never worked in my life. I don't have a back account. However my husband have few bank accounts. We have bank statements going back to 2018.

I have money transfer slips from my dad from January 2019 till May 2021.

I am unable to attach any files or images at present but this is what I have as an example.

Personal Budget Spreadsheet January 2019 Till December 2019
Starting Balance 0
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Total Avg
Total Income 63,640 77,900 62,920 71,775 70,875 33,985 79,380 88,335 42,783 84,817 85,233 136,480 898,124 74,844
Total Expenses 62,922 65,995 62,813 65,488 66,054 66,870 77,882 80,099 65,289 69,821 71,074 69,053 823,360 68,613
INCOME JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Total Avg
Wages 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Savings 0 0 0 0 0 0 0 0 0 0 0 0 0 0
SmallWorld Remittance 63,640 77,900 62,920 71,775 70,875 33,985 79,380 88,335 42,783 84,817 85,233 136,480 898,124 74,844
Total INCOME 63,640 77,900 62,920 71,775 70,875 33,985 79,380 88,335 42,783 84,817 85,233 136,480 898,124 74,844
HOME EXPENSES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Total Avg
House Rent 30,000 30,000 30,000 30,000 30,000 30,000 30,000 30,000 30,000 30,000 30,000 30,000 360,000 30,000
Electricity Bill 2,375 2,546 2,059 1,841 2,463 6,205 8,843 11,014 7,969 2,939 2,587 3,615 54,456 4,538
Gas Bill 300 500 581 422 0 5,496 6,063 5,360 3,082 2,770 4,156 1,205 29,935 2,495
Water 1,560 1,560 1,560 1,560 1,560 1,560 1,560 1,560 1,560 1,560 1,560 1,560 18,720 1,560
Phone 600 600 600 600 600 600 600 600 600 600 600 600 7,200 600
Cable/Satellite 1,400 1,400 1,400 1,400 1,400 1,400 1,400 1,400 1,400 1,400 1,400 1,400 16,800 1,400
Internet 1,720 1,720 1,720 1,720 1,720 1,720 1,720 1,720 1,720 1,720 1,720 1,720 20,640 1,720
Fongas Cylinder 1,600 1,600 1,600 1,600 1,600 1,600 1,600 1,600 1,600 1,600 1,600 1,600 19,200 1,600
Nursery Fee 5,500 5,500 5,500 5,500 5,500 5,500 5,500 5,500 5,500 5,500 5,500 5,500 66,000 5,500
Grocery 15,867 18,569 15,793 18,845 19,211 10,789 18,596 19,345 9,858 19,732 19,951 19,853 206,409 17,201
Baby Milk 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 24,000 2,000
Other 0 0
Total HOME EXPENSES 62,922 65,995 62,813 65,488 66,054 66,870 77,882 80,099 65,289 69,821 71,074 69,053 823,360 68,613

[ALKB]

I got married 27/01/2014, when I was 19.

My husband was made redundant in April 2018. Since May 2018 he's unemployed.

I have never worked in my life. I don't have a back account. However my husband have few bank accounts. We have bank statements going back to 2018.

I have money transfer slips from my dad from January 2019 till May 2021.

I am unable to attach any files or images at present but this is what I have as an example.

Personal Budget Spreadsheet January 2019 Till December 2019
Starting Balance 0
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Total Avg
Total Income 63,640 77,900 62,920 71,775 70,875 33,985 79,380 88,335 42,783 84,817 85,233 136,480 898,124 74,844
Total Expenses 62,922 65,995 62,813 65,488 66,054 66,870 77,882 80,099 65,289 69,821 71,074 69,053 823,360 68,613
INCOME JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Total Avg
Wages 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Savings 0 0 0 0 0 0 0 0 0 0 0 0 0 0
SmallWorld Remittance 63,640 77,900 62,920 71,775 70,875 33,985 79,380 88,335 42,783 84,817 85,233 136,480 898,124 74,844
Total INCOME 63,640 77,900 62,920 71,775 70,875 33,985 79,380 88,335 42,783 84,817 85,233 136,480 898,124 74,844
HOME EXPENSES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Total Avg
House Rent 30,000 30,000 30,000 30,000 30,000 30,000 30,000 30,000 30,000 30,000 30,000 30,000 360,000 30,000
Electricity Bill 2,375 2,546 2,059 1,841 2,463 6,205 8,843 11,014 7,969 2,939 2,587 3,615 54,456 4,538
Gas Bill 300 500 581 422 0 5,496 6,063 5,360 3,082 2,770 4,156 1,205 29,935 2,495
Water 1,560 1,560 1,560 1,560 1,560 1,560 1,560 1,560 1,560 1,560 1,560 1,560 18,720 1,560
Phone 600 600 600 600 600 600 600 600 600 600 600 600 7,200 600
Cable/Satellite 1,400 1,400 1,400 1,400 1,400 1,400 1,400 1,400 1,400 1,400 1,400 1,400 16,800 1,400
Internet 1,720 1,720 1,720 1,720 1,720 1,720 1,720 1,720 1,720 1,720 1,720 1,720 20,640 1,720
Fongas Cylinder 1,600 1,600 1,600 1,600 1,600 1,600 1,600 1,600 1,600 1,600 1,600 1,600 19,200 1,600
Nursery Fee 5,500 5,500 5,500 5,500 5,500 5,500 5,500 5,500 5,500 5,500 5,500 5,500 66,000 5,500
Grocery 15,867 18,569 15,793 18,845 19,211 10,789 18,596 19,345 9,858 19,732 19,951 19,853 206,409 17,201
Baby Milk 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 24,000 2,000
Other 0 0
Total HOME EXPENSES 62,922 65,995 62,813 65,488 66,054 66,870 77,882 80,099 65,289 69,821 71,074 69,053 823,360 68,613

Did you attach all of this to your application?

I think you will also need to show bank statements for all of your husband's bank accounts.

Still I think this is going to be an uphill battle because you are over 21 and married/have formed your own family unit, but you have nothing to lose by applying again.

[mkpt]

Did you attach all of this to your application? No, but I am going to attach with my 2nd application.

I think you will also need to show bank statements for all of your husband's bank accounts. Yes sure, I now have my husband's bank statements going back to June 2018 till May 2021, I am going to attach those.

Still I think this is going to be an uphill battle because you are over 21 and married/have formed your own family unit, but you have nothing to lose by applying again. Yes, but my three children's have been granted EUSS family permit (valid From: 23/03/2021) Valid until: 23/09/2021) - it's this against Article 8 of the European Convention on Human Rights?

I am currently unable to attach picture or documents. As soon as administrator has approved my access I will.

[ALKB]

Yes, but my three children's have been granted EUSS family permit (valid From: 23/03/2021) Valid until: 23/09/2021) - it's this against Article 8 of the European Convention on Human Rights?

How?

Your children, as direct descendants of their grandfather and under the age of 21 qualify for a family permit. There were applications, they fulfilled the requirements and the applications were decided positively.

You, as a direct descendant of your father over the age of 21 have to show dependency. Your application was found not to sufficiently show evidence of this requirement and was decided negatively.

Any of these applications are completely voluntary and nobody is forcing you to split up your family.

[mkpt]

So no HOPE

[ALKB]

So no HOPE

Of course there is hope!

You just have to re-apply and this time provide more complete evidence of dependency.

I just don't see any human rights claim.

[mkpt]

I totally concede that I messed up my 1st application where I did not attach the following

1- Budget Sheets for 2019, 2020 & 2021
2- Bank statements for the same period
3- Money transfer slips from 01/012019 till 01/12/2020

However I am not sure what does the Entry Clearance Officer means by the following terms. I explained in my cover letter, why I thought I was financially dependent at the age of 26. Please advise so that I can make a decent 2nd application as time is running out.

1- Domestic Circumstances (Husband & wife currently unemployed, living in rented accommodation, three kids 1st age 4 years old, 2nd age 3 years old and 3rd age 10 months old)
2- Essential Living Needs (Rent, Food, Electric, Gas, Water, Broadband, Phone, Medicine)
3- Prolonged Financial Dependency (From January 2019 until today (17 May 2021))
4- Adequate Evidence (Bank Statements covering the past three years, Rent Payments, Utility Bills, Grocery Receipts, Nursery Fee)

You have failed to provide adequate evidence to show that you are dependent on a
relevant EEA or Swiss citizen, or their spouse or civil partner, as set out in Appendix EU
(Family Permit) of the Immigration Rules.

Consideration has been made, based on the evidence and information you have
provided, and having regard to your financial and social conditions, or health, as to
whether you cannot meet your essential living needs (in whole or in part) without the
financial or other material support of the relevant EEA citizen or of the spouse or civil
partner.

Guidance states that financial dependence should be interpreted as meaning that you
need the financial support of the EEA national in order to meet your essential needs in
the country where you are present – not in order to have a certain level of income.

However, it is noted that you have not provided any evidence of your own domestic
circumstance. Without such evidence I am unable to sufficiently determine that you
cannot meet essential living needs without financial or other material support from your relevant EEA Citizen sponsor or their spouse or civil partner.

[ALKB]

However, it is noted that you have not provided any evidence of your own domestic circumstance. Without such evidence I am unable to sufficiently determine that you cannot meet essential living needs without financial or other material support from your relevant EEA Citizen sponsor or their spouse or civil partner.

I think the evidence you have listed looks pretty good.

By domestic circumstances, they mean your husband. You were not dependent on your father until your husband was made redundant. Since you didn't provide bank statements until now, HO does not know what his - and your - financial circumstances actually are.

Has your husband had no income since he was made redundant? Is he trying to change that? If yes, what is he doing and why is it not working out? If not, why not? Are there circumstances (beyond Covid) that make it impossible for him to work?

What is your husband going to do when you leave? Is your father still going to pay his rent, food and mobile phone when you are in the UK?

All that are your social and domestic circumstances.

[mkpt]

Please see below from guidance pages.

https://assets.publishing.service.gov.u ... 1.0ext.pdf

Dependency

A child aged 21 or over and any relatives in the ascending family line must prove
they are dependent on the EEA national sponsor or their spouse or civil partner.
Where dependency is necessary, the family member does not need to be living or
have lived in an EEA state where the EEA national sponsor also lives or has lived.
Their dependency on the EEA national sponsor does not need to have existed
before they came to the UK.

This follows from the Court of Appeal judgment in Pedro v Secretary of State for
Work and Pensions [2009] EWCA Civ 1358 (14 December 2009).

Essential needs

You must consider the following:

• does the applicant need financial support to meet their essential needs from the
EEA national, their spouse or civil partner

Page 14 of 47 Published for Home Office staff on 21 February 2020

• if the applicant cannot meet their essential living needs without the financial
support of the EEA national, they must be considered dependent even if they
also receive financial support or income somewhere else.

You do not need to consider the reasons why the applicant needs the financial
support or whether they are able to support themselves by working.

Essential needs include accommodation, utilities and food. Dependency will normally
be shown by financial documents that show money being sent by the sponsor to the
applicant.

If the applicant is receiving financial support from the EEA national as well as others,
they must show that the support from the EEA national is supporting their essential
needs.

The applicant does not need to be dependent on the relevant EEA national to meet
all or most of their essential needs. For example, an applicant can still be considered
dependent if they receive a pension to cover half of their essential needs and money
from the relevant EEA national to cover the other half.

Proof of dependency

The applicant must provide proof of their dependency. This can include:
• bank or building society statements
• evidence of money transfers
• evidence of living in the same household if applicable
• other evidence to show their EEA national sponsor has enough money to
support them and the applicant is reliant on them for this

These are illustrative examples and other documentation may be provided which
satisfies this requirement.

[ALKB]

You do not need to consider the reasons why the applicant needs the financial
support or whether they are able to support themselves by working.[/u][/i][/b]

As I said, the evidence you have looks pretty good.

You don't need to give reasons and if there are no reasons, then don't mention it. But if there is a reason, like long term illness or whatnot, then it could paint a more complete picture of your dependency.

Your husband may not be applying for a family permit but he is part of your family and part of your household and without disclosing his circumstances, you can't really prove that you are dependent.

I hope it all works out the way you want it to work out!

[hrak1978]

@mkpt

I hope this message finds you well.

Please can you advise if your new application was approved?

Also if you dont mind (after deleting your personal details) can you share your covering letter and Budget sheet in word or PDF format please? I am totally cut off from the recent law due to some incident happened.

If you can share it then it will be very helpful for someone. He is also struggling for the same catagory his refusal came today with exactly the same reason.

Hope to hear from you soon.

Many thanks.