Appeal or new application for Refusal case

[powereng]

Hi everyone,

I have applied for EEA Family Permit as Extended Family member. I am from Pakistan. The sponser is my elder brother who is in Sweden. My case details are as followings.

Documents prepared:
1. Sponser passport ( swedish & pakistani)
2. My passport ( pakistani)
3. Family registration certificate
4. Bank transaction (sender copy) from Jan 2016 - Oct 2018)
5. Hotel booking for future UK trip

1. Online application: 7 December 2019
2. Biometric date :10 december 2019 ( Kuala lumpur)
3. Email notification documents received at the UK Decision Making Centre : 16 december 2019
4. Received passport : 15 January 2020

Result: Refusal with following points
1. Missing birth certificates
2. Missing sponser personal bank account statement
3. Missing proof bank transactions at receiving country
4. Reason: why no further money transaction after October 2018?

My answers:
1. Birth certificates ready to submit
2. Sponser personal bank account statement ready to submit
3. Proof of bank transactions at receiving country ready to submit
4. I was a student during 2014-Oct 2018, my sponser kept supporting me. In october 2018, i travelled back to Pakistan and was supported by my family ( family at pakistan is supported by same sponser and got bank transfer proofs). In march 2019, I got a 1 year job contract in malaysia and got enough funds. Job expires in march 2020. After march 2020 I will start support from my Sponser again.

My questions:
1. I have 28 days to appeal. Should I proceed with appeal or apply again with new application. ( Now I am familiar with all required documents).

2. My answer to 4th question. Is it justifiable or say I was working during last 1 year but will become jobless in march 2020? Or should I ask my brother to make some new transactions to show continuety link with october 2018 before apyingfor new application??

Thank you in advance

[CR001]

Are you applying to join him in Sweden or......??

[powereng]

Are you applying to join him in Sweden or......??
[/quot]

I plan to go to UK. Whether going to UK or Sweden shall have any effect on the final decision by UK immigration?

[CR001]

Your EU family member should ideally be in the UK as a qualified person if you want to apply as an extended family member. Still no guarantee of success though.

The fact that you have been working since March 2019 and do not need the EU citizen support since October 2018 etc, also likely counts against you as being 'dependent'.

How old are you??

[powereng]

Your EU family member should ideally be in the UK as a qualified person if you want to apply as an extended family member. Still no guarantee of success though.

The fact that you have been working since March 2019 and do not need the EU citizen support since October 2018 etc, also likely counts against you as being 'dependent'.

How old are you??

Thank you for detailed assessment, really appreciate it.

My sponser intend to travel to UK during my trip to UK.

I am 37 now, completed my doctoral (PhD) studies

We had no idea about EEA FP, otherwise I could apply in past. I am thinking to reapply after march 2020. My status will be jobless and my sponser will be sending money to me again

[Zerubbabel]

Your plan sounds a bit weak to me.

You can't just get an EEA citizen to travel to the UK and he sponsors you during that trip.

The Home Office never liked the idea of EEA nationals bringing non-EEA dependent to the UK.

If you are to lodge such application, you have to make sure you have a strong case. If you just stop working, get a Western Union or two then have an EEA national to sponsor you, this is not going to work I am afraid.

Think also Brexit. Even if EEA routes are not going to drop overnight, the weakest routes are going to suffer the most.

As a PhD, at 37, there is no point putting yourself in a jobless situation to get a sponsorship under those circumstances. Why not finding an employer and getting a Tier 2 visa?

[kamoe]

My sponser intend to travel to UK during my trip to UK.

It seems to me that you have not understood what the EEA route is, how it works, and who it is intended to benefit.

An EU sponsor needs to be living in the UK and exercising treaty rights here (working, studying, looking for work, or being a self-sufficient person), in other words, genuinely based in the UK, to be able to sponsor family members, not simply "visiting". And their being genuinely based in the UK is the very reason why any direct and extended family members might benefit from the right to reside in the UK. NOT the other way around. From what you explain, it seems that you want to come to the UK, and only because you want to come to the UK, your brother is coming. That does not work.

Furthermore, the second the EU sponsor stops being based in the UK, any family member sponsored loses the right to stay in the UK. So even in the remote case your application was succesful, the second your brother left the UK (for example, to return back to normal life in Sweden, if he's only visiting), you'd will be here as an overstayer.

I am 37 now, completed my doctoral (PhD) studies

It seems to me and will seem to any caseworker looking at your case, that you have no reason to still be dependent on your brother.

We had no idea about EEA FP, otherwise I could apply in past.

No. As explained above, if your brother is not really exercising treaty rights in the UK, as it seems he has not been, then you simply don't and have never qualified.

I am thinking to reapply after march 2020. My status will be jobless and my sponser will be sending money to me again

As the previous poster said, the obvious and correct thing for you to do now is to apply for (postdoc?) opportunities and follow the correct visa category for those, not trying to tweak a route that is not designed for people in your situation.

[powereng]

My sponser intend to travel to UK during my trip to UK.

It seems to me that you have not understood what the EEA route is, how it works, and who it is intended to benefit.

An EU sponsor needs to be living in the UK and exercising treaty rights here (working, studying, looking for work, or being a self-sufficient person), in other words, genuinely based in the UK, to be able to sponsor family members, not simply "visiting". And their being genuinely based in the UK is the very reason why any direct and extended family members might benefit from the right to reside in the UK. NOT the other way around. From what you explain, it seems that you want to come to the UK, and only because you want to come to the UK, your brother is coming. That does not work.

Furthermore, the second the EU sponsor stops being based in the UK, any family member sponsored loses the right to stay in the UK. So even in the remote case your application was succesful, the second your brother left the UK (for example, to return back to normal life in Sweden, if he's only visiting), you'd will be here as an overstayer.

I am 37 now, completed my doctoral (PhD) studies

It seems to me and will seem to any caseworker looking at your case, that you have no reason to still be dependent on your brother.

We had no idea about EEA FP, otherwise I could apply in past.

No. As explained above, if your brother is not really exercising treaty rights in the UK, as it seems he has not been, then you simply don't and have never qualified.

I am thinking to reapply after march 2020. My status will be jobless and my sponser will be sending money to me again

As the previous poster said, the obvious and correct thing for you to do now is to apply for (postdoc?) opportunities and follow the correct visa category for those, not trying to tweak a route that is not designed for people in your situation.

I really appreciate for the detailed informations you and other peoples have provided.

I totally agree that I lacked so much information while applying for EEA FP.

I agree that as a professional, I have option to apply for most relavant jobs (postdoc etc.) and I am considering this as well. Thanks

Thanks again