Post
by d3vc0d3 » Wed Dec 12, 2018 8:33 pm
The full refusal statement...
The Decision
You state that your stepmother is a British Citizen. You have provided evidence that your sponsor holds a British passport.
A non-EEA national who is the spouse or civil partner or other direct family member of a British citizen may have a right of admission in the UK under European Union law if certain conditions are met. The conditions are set out in regulations 9 and 11 of the Immigration (European Economic Area) Regulations 2006 (`the EEA Regulations'). The conditions for issuing an EEA family permit are set out in regulation 12 of the EEA Regulations.
You have applied for an EEA family permit on the basis that your British citizen sponsor was residing and exercising their right to free movement in Malta immediately before returning to the UK (hereafter referred to as 'the EEA host country). All the evidence provided has been carefully considered to determine whether you have a right of admission to the UK under the EEA Regulations and should be issued a family permit.
It is accepted that your sponsor is a British citizen as claimed. This is because you have provided their British passport.
You claim to be a direct descendant of your British citizen sponsor’s spouse or civil partner. It is accepted that you are related to your British citizen sponsor as claimed. This is because you have provided evidence that your father is married to your British citizen sponsor.
For a British citizen to be treated as if they were an EEA national for the purposes of sponsoring an application for an EEA family permit, if they have returned to the UK and resided there for more than three months, they must be equivalent to a 'qualified person in accordance with regulations 6 and 9(7) of the EEA Regulations because they a jobseeker, worker, self-employed person, self-sufficient person or student in the UK (subject to certain exceptions relating to jobseekers, retained workers and comprehensive sickness insurance as set out at regulation 9(7)). It is accepted that your British citizen sponsor is a 'qualified person' in the UK in accordance with regulations 6 and 9(7). This is because you have provided sufficient evidence of your sponsor's employment in the United Kingdom.
The other conditions which must be met are as follows:
(a) the British citizen is residing in the EEA host country as a worker. self-employed person, self-sufficient person or a student, or so resided immediately before they returned to the UK, or they have acquired the right of permanent residence in the EEA host country;
(b) the British citizen and the family member reside together in the EEA host country.
or so resided immediately before the British citizen returned to the UK, and their joint residence in the EEA host country is or was genuine:
(c) the purpose of the residence in the EEA host country is or was not as a means for circumventing any immigration laws applying to non-EEA nationals to which the family member would otherwise be subject (such as any applicable requirement under the Immigration Act 1971 to have leave to enter or remain in the UK)
In considering whether you and your British citizen sponsor's residence in the EEA host country is or was genuine, relevant factors include:
(a) whether the centre of the British citizen's life transferred to the EEA host country. It is accepted that the centre of your British citizen sponsor's life transferred to the host country.
(b) the length of the British citizen and the family member's joint residence in the EEA host country. Having carefully considered the evidence provided, it is not accepted that you reside or resided with your British citizen sponsor in the EEA host country. This is because you have not provided any evidence that you resided with your British citizen sponsor in the EEA host country.
(c) the nature and quality of the British citizen and the family member's accommodation in the EEA host country, and whether it is or was the British citizen's principal residence. It is accepted that the accommodation in the EEA host country was the British citizen's principal residence.
(d) the degree of the British citizen and the family member's integration in the EEA host country
(e) whether the family member's first lawful residence in the EU with the British citizen was in the EEA host country. It is not accepted that your first lawful residence in the EU with the British citizen was in the EEA host country. This is because you have not provided any evidence that you have resided with your British citizen sponsor in the EEA host country.
Having considered all of the evidence and information provided in support of your application and applying the civil law standard of the balance of probabilities, it is not accepted that you and your British citizen sponsor's residence in the EEA host country was genuine. This is because you have never resided with your British citizen sponsor in the EEA host country.
For the reason explained above, it is not accepted that you have a right of admission to the UK under EU law as the family member of a British citizen and your application for an EEA family permit is hereby refused. For the reasons noted above, I am not satisfied that you have provided sufficient evidence that you meet all of the requirements in accordance with Regulation 9 (2) of the Immigration (European Economic Area) Regulations 2016.
I therefore refuse your EEA family permit application because I am not satisfied that you meet all of the requirements of regulation 12 of the Immigration (European Economic Area) Regulations 2016
