EUSS for extended family

[Kash143]

My question is whether my brother and sister in law will be able to get the EUSS permit for joining family?I am really frustrated if they refuse then I will on higher courts because I applied for the visa on 23rd of Jan 2020 before Brexit and they have continually delayed it this to happen. I got this email recently

I am writing to inform you that while your application for an eea family permit has been successful following your allowed appeal, the eea family permit route ended on 30 june 2021. any eea family permit, regardless of the date it was issued, is not valid for travel to the uk after 30 june 2021. this includes a permit issued as a result of a successful appeal. as any eea family permit issued to you would not be valid, your passport will not be endorsed with an eea family permit even though your application was successful. we will therefore review your circumstances to see whether you are eligible for an eu settlement scheme family permit instead. this route is not closing, and if you do meet the requirements you will be issued with a permit that is valid for six months to travel to the uk. if you do not meet the requirements and we are unable to switch your eea family permit to an eu settlement scheme family permit, we will contact you to let you know and advise of next steps. we will contact you if we require any further information. we are working through applications as quickly as we can and will provide an update as soon as possible. further information if you have submitted your passport the visa application centre that you attended to enrol your biometrics will contact you once your documents are ready for collection. please do not contact the visa application centre until they advise you to do so.

[Obie]

The law requires them to provide you with an entry clearance or to facilitate your entry, so they will have to do it.

[Kash143]

Thanks dear Obie, Can you please explain this in little bit details if you dont mind as I am confused now because they can say my brother is an extended family member and he has to apply in a different category ?

[Obie]

They are required to facilitate his entry and residece under the withdrawal agreement, if he made an application before 31-12-2020.

That email is wholly inappropriate. If they choose to stop issuing card, that is their problem but there international obligation remain, and they must find a way of fulfilling it.

They are playing games, and trying to test the water. They know exactly what they are doing.

[Kash143]

Thanks and I agree it is totally frustrating email and delaying tactics in the provision of justice. We applied for the visa stamp on 9th of June but again they delayed despite of decision centre allowed for stamping after allowed appeal. The first application was made on 23rd of Jan 2020 which got rejected in April 2020,same month we lodged the appeal and got hearing date in April 2021.

[euspouse07]

Dear Obie

You are right as they EXACTLY know what they are doing.
But questions still remain about how they are going to put it right.
As you mentioned in the withdrawal agreement, they are under obligation to facilitate the entry once the appeal is allowed, as there are hundreds of people in limbo.
question is how and when?

[Obie]

There are judicial review procedures if the Home Office refuse to give effect to its international and domestic obligation.

[Kash143]

I found this useful

1.2.3.6 Article 10(3): "Extended" family members with pending application
"Extended’’ family members (corresponding to Article 3(2) of Directive 2004/38/EC) who lodged an
application under Article 3(2) of Directive 2004/38/EC to join the right holder in the host State before the
end of the transition period but whose applications (either for entry visa or residence document) have been
Version 19.02.2020
8 | P a g e
outstanding at the end of the transition period are protected the same way as under Union free movement
rules.
Their applications should be considered in accordance with the procedure set out in Article 3(2) of Directive
2004/38/EC. A positive decision on the application means that such persons should be considered as persons
falling under Article 10(2) of the Agreement.

[Kash143]

Article 3
Beneficiaries
1. This Directive shall apply to all Union citizens who move to or reside in a Member State other
than that of which they are a national, and to their family members as defined in point 2 of Article 2
who accompany or join them.
30.4.2004 EN Official Journal of the European Union L 158/
_______________________________________________________________________________
89
2. Without prejudice to any right to free movement and residence the persons concerned may have
in their own right, the host Member State shall, in accordance with its national legislation, facilitate
entry and residence for the following persons:
(a) any other family members, irrespective of their nationality, not falling under the definition in
point 2 of Article 2 who, in the country from which they have come, are dependants or
members of the household of the Union citizen having the primary right of residence, or
where serious health grounds strictly require the personal care of the family member by the
Union citizen;
(b) the partner with whom the Union citizen has a durable relationship, duly attested.
The host Member State shall undertake an extensive examination of the personal circumstances and
shall justify any denial of entry or residence to these people

[Kash143]

They have refused again despite of winning the case

[Obie]

Why did they refuse. That is strange.

[Kash143]

As per their letter relationship doesn't qualify the EUSS permit as my brother is not a closed family however we applied way before 31/12/2020 Its quite frustrating

[Obie]

Yes. Is that all they said, no right of appeal or anything?

[Kash143]

They didn't mention about any appeal

[Obie]

Did they say they consider your case closed?

You may have to initiate a Judicial review. This sounds unlawful in every respect.

[Kash143]

Dear Obie this the response from the home office which is quite disgusting and disappointing they have applied new rules to old case. I have spoken to the barrister in this case and they will write pre judicial letter to the home office to respond in 14 days

I am writing to inform you that whilst your application for an EEA family permit has
been successful following your allowed appeal, the EEA family permit route ended
on 30 June 2021. Any EEA family permit, regardless of the date it was issued, is not
valid for travel to the UK after 30 June 2021. This includes a permit issued as a
result of a successful appeal.
As any EEA family permit issued to you would not be valid, your passport will not be
endorsed with an EEA family permit even though your application was successful.
My department has also considered whether you may be eligible to apply for the EU
Settlement Scheme family permit, we have reviewed your application however we
cannot grant you an EUSS Family permit for the reasons outlined below.
I have considered whether you meet the validity, eligibility and suitability
requirements for an EUSS Family Permit, which are set out in Appendix EU (Family
Permit) to the Immigration Rules.
I have reviewed your application, I note on your application form you state you are
related as the Sister in Law of your sponsor, You do not qualify for an EUSS family
permit because you have not provided adequate evidence to prove that you are a
'family member' as defined by Appendix EU - (a spouse; civil partner; durable
partner; child, grandchild, great-grandchild under 21; dependent child, grandchild,
great-grandchild over 21; or dependent parent, grandparent, great-grandparent)- of a
relevant EEA or Swiss citizen or of their spouse or civil partner.
As your relationship to the sponsor does not come within the definition of 'family
member of a relevant EEA citizen' as stated in Appendix EU (Family Permit) to the
Immigration Rules, you do not appear to meet the requirements of that route. If you
do feel you meet the requirements of an EU Settlement Scheme family permit you
are free to make an application. More information can be found here
Further informationThe visa application centre that you attended to enrol your biometrics will contact
you once your documents are ready for collection. Please do not contact the visa
application centre until they advise you to do so.
For further information or if you have any queries about the contents of this letter or
your decision, our contact details are on our website: https://www.gov.uk/contactukvi-inside-outside-uk
Next steps
If you still wish to travel to the UK, you will need to consider whether another entry
clearance route is suitable for your circumstances. Please visit Gov.uk to find out
more about the different entry clearance visas available.
Kind regards

[Obie]

I wish you and the barrister all the best.

[Kash143]

What are the chances? Do they overturn eco decisions?

[Obie]

It is a big work, the grace regulations provides that no EEA family permit must be issued after 30 June 2021 and that those issued are to be deemed invalid.

The question is whether that grace period regulations is lawful.

[Petranile]

This is an information noted on xxxxxxxxx


EU Settlement Scheme Family Permit or EEA Family Permit?

The EEA Family Permit route is now closed and new applications cannot be submitted. Those who are eligible should instead submit applications for EUSS Family Permits. 

Pending applications and appeals for EEA Family Permits which were submitted prior to 31 December 2020 should continue to be considered under The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020.

[Kash143]

This is my question why my family case decided on the basis of new law however eu withdrawal agreement clearly says cases should be dealt like before? Second if they have applied EUSS law to my brother and sister in law cases but what about my mother who is dependent parent which is proved in the first tribunal and not contested by home office?

[Kash143]

interestingly home office did not contest the relationship with my mother but now they have refused her application by saying that she is not related to me very depressing

[Obie]

It is quiet worrying why so much misfortune falling on your case, hope it is not to do with people not doing their homework properly.

[Kash143]

Court hearing

The initial decision challenged the family relationship. At the hearing Ms
XXXX confirmed that the respondent did not challenge the relationship. The
only issue in the appeal related to financial dependency



Refusal letter

I have reviewed your application, I note on your application form you state you are
related as the Mother of your sponsor, You do not qualify for an EUSS family permit
because you have not provided adequate evidence to prove that you are a 'family
member' as defined by Appendix EU - (a spouse; civil partner; durable partner;
child, grandchild, great-grandchild under 21; dependent child, grandchild, greatgrandchild over 21; or dependent parent, grandparent, great-grandparent)- of a
relevant EEA or Swiss citizen or of their spouse or civil partner

[Petranile]

Maybe, you should request for reconsideration through a complaint process with your mother's.

You can also challenge it through appeal.
They are just frustrating you with these