extended eea family member application has been refused

[Alessandro2021]

DEAR ALL ,
I AM AN ITAL;IAN CITIZEN WHO HAS OBTAINED THE PRE-SETTLED STATUS , IN 5TH OF NOVEMBER I TRAVELED WITH MY SISTER FROM ROME TO MANCHESTER SHE HAS TWO YEARS ITALIAN FAMILY RESIDENCE CARD AS A 2D STEP EU FAMILY RELATION SISTER , THEY CHECKED HER RESIDENCE PERMIT AND ALL RELATING DOCUMENTS AND ALLOWED HER TO ENTER IN UK ,
AFTER ONE DAY I HAVE SUBMITTED AN APPLICATION OD EXTENDED FAMILY MEMBER ON 6 .11 .2020 ON 20 SHE DID HER FINGERPRINT AND ON 23 .12 .2020 THEY SENT HER REJECTION LETTER BY EMAIL BUT AFTER CALLING THEM THEY ADVICED ME TO DO APPEAL OR TO MAKE ANOTHER APPLICATION UNTIL 30.06.2021 SO I DID NOT DO APPEAL BUT ON 15.01.2021 I ASKED TO APPLY FOR OTHER APPLICATION BUT I DID NOT FOUND EXTENDED FAMILY MEMBER CHOICE THEY GAVE ME ON THE EU RESULT ION CALL CENTER HOME OFFICE WRONG INFORMATION , I HAVE SUBMITED THE FAMILY STATUS CERTIFICATE . MY TAX DECLARATION SHOWED HER UNDER MY CARE 100% DOR 3 YEARS ,UK TENANCY AGREEMENT AND BILLS UNDER OUR NAMES AND A MEDICAL LETTER FROM GP SAID ABOUT HER HEALTH /PSYCHOLOGICAL SITUATION AND SAYING THAT SHE IS WAITING THE APPOINTMENT FOR HER TREATMENT , BUT NOW BASED ON THEIR WRONG ADVICE MY SISTER LOST THE RIGHT TO APPLY FOR OTHER APPLICATION OR APPEAL PLEASE HELP ME AND ADVICE ME WHAT TO DO , HERE IS THE REJECTION EMAIL :Reasons why your application has been refused
We have considered whether you meet the requirements for settled status (also known as
indefinite leave to enter or remain) or pre-settled status (also known as limited leave to
enter or remain) under the EU Settlement Scheme. Unfortunately, based on the
information and evidence available and for the reasons set out in this letter, you do not
meet the requirements.
To qualify under the scheme you would need to meet the requirements that are set out in
Appendix EU to the Immigration Rules. You can find out more about the requirements
here www.gov.uk/settled-status-eu-citizens-f ... ligibility.
Careful consideration has been given as to whether you meet the eligibility requirements
for settled status under the EU Settlement Scheme. The relevant requirements are set out
in rule EU11 of Appendix EU to the Immigration Rules.
You state that you are a dependent relative of a relevant EEA citizen. However, you have
not provided sufficient evidence to confirm this. The reasons for this are explained below.
The required evidence of family relationship for a dependent relative of a relevant EEA
citizen, where the dependent relative does not have a documented right of permanent
residence, is a valid family permit or residence card issued under the EEA Regulations (or
by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man) as the dependent
relative of that EEA citizen and evidence which satisfies the Secretary of State that the
relationship continues to subsist. Home Office records do not show that you have been
1 of 4
issued with a family permit or residence card under the EEA Regulations as a relative of
an EEA national who was a dependant of the EEA national or of their spouse or civil
partner, a member of their household or in strict need of their personal care on serious
health grounds, and you have not provided a relevant document issued on this basis by
any of the Islands.
In order to meet the definition of a dependent relative as set out in Annex 1 of Appendix
EU to the Immigration Rules, you need to demonstrate that you are a relative of your
sponsor as claimed and that you hold a valid relevant document.
Until you hold such a document you cannot be granted leave under the EU Settlement
Scheme as the dependent relative of a relevant EEA citizen. If you wish to submit an
application for a relevant document more information can be found at:
Applying from inside the UK - https://www.gov.uk/apply-for-a-uk-residence-card.
Applying from outside the UK - https://www.gov.uk/family-permit.
Therefore, you do not meet the requirements for settled status as a family member of a
relevant EEA citizen.
Careful consideration has been given as to whether you meet the eligibility requirements
for pre-settled status under the EU Settlement Scheme. The relevant requirements are
set out in rule EU14 of Appendix EU to the Immigration Rules.
However, for the reasons already explained above, you have not provided sufficient
evidence to confirm that you are a family member who has retained the right of residence
by virtue of a relationship with a relevant EEA citizen. Therefore, you do not meet the
requirements for pre-settled status on this basis.
It is considered that the information available does not show that you meet the eligibility
requirements for settled status set out in rule EU11 or for pre-settled status set out in rule
EU14 of Appendix EU to the Immigration Rules. This is for the reasons explained above.
Therefore, your application has been refused under rule EU6.

[seekingadvice87]

DEAR ALL ,
I AM AN ITAL;IAN CITIZEN WHO HAS OBTAINED THE PRE-SETTLED STATUS , IN 5TH OF NOVEMBER I TRAVELED WITH MY SISTER FROM ROME TO MANCHESTER SHE HAS TWO YEARS ITALIAN FAMILY RESIDENCE CARD AS A 2D STEP EU FAMILY RELATION SISTER , THEY CHECKED HER RESIDENCE PERMIT AND ALL RELATING DOCUMENTS AND ALLOWED HER TO ENTER IN UK ,
AFTER ONE DAY I HAVE SUBMITTED AN APPLICATION OD EXTENDED FAMILY MEMBER ON 6 .11 .2020 ON 20 SHE DID HER FINGERPRINT AND ON 23 .12 .2020 THEY SENT HER REJECTION LETTER BY EMAIL BUT AFTER CALLING THEM THEY ADVICED ME TO DO APPEAL OR TO MAKE ANOTHER APPLICATION UNTIL 30.06.2021 SO I DID NOT DO APPEAL BUT ON 15.01.2021 I ASKED TO APPLY FOR OTHER APPLICATION BUT I DID NOT FOUND EXTENDED FAMILY MEMBER CHOICE THEY GAVE ME ON THE EU RESULT ION CALL CENTER HOME OFFICE WRONG INFORMATION , I HAVE SUBMITED THE FAMILY STATUS CERTIFICATE . MY TAX DECLARATION SHOWED HER UNDER MY CARE 100% DOR 3 YEARS ,UK TENANCY AGREEMENT AND BILLS UNDER OUR NAMES AND A MEDICAL LETTER FROM GP SAID ABOUT HER HEALTH /PSYCHOLOGICAL SITUATION AND SAYING THAT SHE IS WAITING THE APPOINTMENT FOR HER TREATMENT , BUT NOW BASED ON THEIR WRONG ADVICE MY SISTER LOST THE RIGHT TO APPLY FOR OTHER APPLICATION OR APPEAL PLEASE HELP ME AND ADVICE ME WHAT TO DO , HERE IS THE REJECTION EMAIL :Reasons why your application has been refused
We have considered whether you meet the requirements for settled status (also known as
indefinite leave to enter or remain) or pre-settled status (also known as limited leave to
enter or remain) under the EU Settlement Scheme. Unfortunately, based on the
information and evidence available and for the reasons set out in this letter, you do not
meet the requirements.
To qualify under the scheme you would need to meet the requirements that are set out in
Appendix EU to the Immigration Rules. You can find out more about the requirements
here www.gov.uk/settled-status-eu-citizens-f ... ligibility.
Careful consideration has been given as to whether you meet the eligibility requirements
for settled status under the EU Settlement Scheme. The relevant requirements are set out
in rule EU11 of Appendix EU to the Immigration Rules.
You state that you are a dependent relative of a relevant EEA citizen. However, you have
not provided sufficient evidence to confirm this. The reasons for this are explained below.
The required evidence of family relationship for a dependent relative of a relevant EEA
citizen, where the dependent relative does not have a documented right of permanent
residence, is a valid family permit or residence card issued under the EEA Regulations (or
by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man) as the dependent
relative of that EEA citizen and evidence which satisfies the Secretary of State that the
relationship continues to subsist. Home Office records do not show that you have been
1 of 4
issued with a family permit or residence card under the EEA Regulations as a relative of
an EEA national who was a dependant of the EEA national or of their spouse or civil
partner, a member of their household or in strict need of their personal care on serious
health grounds, and you have not provided a relevant document issued on this basis by
any of the Islands.
In order to meet the definition of a dependent relative as set out in Annex 1 of Appendix
EU to the Immigration Rules, you need to demonstrate that you are a relative of your
sponsor as claimed and that you hold a valid relevant document.
Until you hold such a document you cannot be granted leave under the EU Settlement
Scheme as the dependent relative of a relevant EEA citizen. If you wish to submit an
application for a relevant document more information can be found at:
Applying from inside the UK - https://www.gov.uk/apply-for-a-uk-residence-card.
Applying from outside the UK - https://www.gov.uk/family-permit.
Therefore, you do not meet the requirements for settled status as a family member of a
relevant EEA citizen.
Careful consideration has been given as to whether you meet the eligibility requirements
for pre-settled status under the EU Settlement Scheme. The relevant requirements are
set out in rule EU14 of Appendix EU to the Immigration Rules.
However, for the reasons already explained above, you have not provided sufficient
evidence to confirm that you are a family member who has retained the right of residence
by virtue of a relationship with a relevant EEA citizen. Therefore, you do not meet the
requirements for pre-settled status on this basis.
It is considered that the information available does not show that you meet the eligibility
requirements for settled status set out in rule EU11 or for pre-settled status set out in rule
EU14 of Appendix EU to the Immigration Rules. This is for the reasons explained above.
Therefore, your application has been refused under rule EU6.

Hi,

I think you still have hope that is if you sister have article 10 eu residence card she get under eu law. Is Italian family residence card the same as eu residence card article 10?
Because if you Italian citizen and this card your sister have in Italy maybe card is not eh family residence card and again your sister so she extended family member of you.

I think you should have apply for uk residence card when you arrive uk before 31st December and if uk then grant you sister uk residence card as extended family member then next step is apply for eu settlement scheme before before june 2021. Any way I just want to point possible mistake there.

I say still have hope because you Italian and arrive uk before 31 December so I think your sister need to apply outside uk the route that is still open before it close.
so your sister apply for eu settlement family permit from outside uk and give evidence of sister dependent on you who is eu citizen living in uk before 31 December.

If successful with this temporary permit then once sister in uk you now apply for eu settlement scheme before 30 june 2021. Must apply before deadline because now is hard and have to wait for grant of permit outside uk and come back and further apply in uk.

Problem in your refuse letter is home office say no record of your sister and that you need hold RELEVANT valid document and until you hold this document you can’t apply for eu settlement scheme. They send you two links for inside and outside uk but when you look link for inside uk this route now close but outside uk link still have chance to apply.

so do all you can and apply as soon as possible outside uk from Rome example because you come from there. Apply for eu settlement family permit for sister and then in Uk apply eu settlement scheme but all must done before 30 june 2021.

I wish you very good luck for you and sister.

[Zerubbabel]

Hello,

In understand you are an Italian citizen. You obtained a pre-settled status in November 2020 then brought your sister who is in need or treatment and social assistance in January 2021. Even within EU countries, you would get hard time pushing such an application. It would be even harder with non-EU countries such as the UK.

Your sister is considered extended family member. For her to be eligible to apply under the provision of the EU Settlement Scheme, she must hold an EEA Card issued by the UK in the context of your family relationship/sponsorship. For extended family members, the EU Settlement Scheme can be seen as a way to convert EEA Cards issued by the UK to cards that last after Brexit. With that in mind, she then must hold an EEA Card issued by the UK in order to apply under the EU Settlement Scheme.

I don't see how you can recover from this because she needs an EEA card first but it's too late to apply for one.

@kamoe for a second opinion when you are around

[kamoe]

I don't see how you can recover from this because she needs an EEA card first but it's too late to apply for one.

@kamoe for a second opinion when you are around

I am afraid, I agree with @Zerubbabel.

It's too late. Extended family members / dependent relatives, " must hold a relevant document as the
dependent relative of their sponsoring person for the period of residence relied upon", as per the EU Settlement Scheme casework guidance, pg. 90.

Dependent relative
(...)
An applicant (..) must hold a relevant document as the dependent relative of their sponsoring person for the period of residence relied upon and, unless this confirms the right of permanent residence in the UK under regulation 15 of the EEA Regulations (or the right of permanent residence in the Islands through the application there of section 7(1) of the Immigration Act 1988 or under the Immigration (European Economic Area) Regulations of the Isle of Man), they must also provide evidence which satisfies you that the relationship and the dependency (or, as the case may be, their membership of the household or their strict need for personal care on serious health grounds) continue to exist at the date of application (or did so for the period of residence relied upon).

Alternatively, a Family Permit would have also helped, but it is also too late for that, since it is now closed for extended family members other than durable partners.

ON 23 .12 .2020 THEY SENT HER REJECTION LETTER BY EMAIL BUT AFTER CALLING THEM THEY ADVICED ME TO DO APPEAL OR TO MAKE ANOTHER APPLICATION

What exactly did they tell you? The absolute key piece of information at this point, was to tell you that you needed to submit a EEA Residence Card or EEA Family Permit with any further application. In other words, you had to first and foremost apply for a EEA Residence Card or EEA Family permit for your sister at that point, which was still within the deadline of December 31st 2020. And that you had to do it before December 31st 2020. Did they tell you that?

The only thing I can think of is regarding how she entered the UK:

IN 5TH OF NOVEMBER I TRAVELED WITH MY SISTER FROM ROME TO MANCHESTER SHE HAS TWO YEARS ITALIAN FAMILY RESIDENCE CARD AS A 2D STEP EU FAMILY RELATION SISTER , THEY CHECKED HER RESIDENCE PERMIT AND ALL RELATING DOCUMENTS AND ALLOWED HER TO ENTER IN UK

Did they stamp her passport on arrival? Not saying this will necessarily help, but a stamp could prove that a UK immigration official has already been satisfied, upon seeing her Italian card, that she is indeed your dependent relative, as per EEA law. I do not know if this fact could be presented as a stand-in for EEA documentation (maybe not at a further application, but on appeal)?

[Alessandro2021]

thank you for the information i believe that she has article 19 or 28 not 10 or 20 ,
anyway i did today a new application today its : Based on your relationship to someone eligible for the EU Settlement Scheme or a person of Northern Ireland , i don't know if they need also a residence permit art. 10 or 20 , in your openion is it the right application because there is this option Based on your relationship to someone eligible for the EU Settlement Scheme or a person of Northern Ireland , or As the family member of a frontier worker. which one is correct and do you think that they will reject it again ?

[Alessandro2021]

they did not leave any stamp when she arrived in Uk ,after calling the settlement resolution center they have confirmed me that after 31 of DEC i can apply for other application as eu extended family member and we have time till 30.06.2021.

[kamoe]

anyway i did today a new application today its : Based on your relationship to someone eligible for the EU Settlement Scheme or a person of Northern Ireland , i don't know if they need also a residence permit art. 10 or 20 , in your openion is it the right application because there is this option Based on your relationship to someone eligible for the EU Settlement Scheme or a person of Northern Ireland , or As the family member of a frontier worker. which one is correct and do you think that they will reject it again ?

Pretending you are person from Northern Ireland (which you are not), or a frontier worker (which I assume you are not since you are asking what that even is), is not going to work, and this is purely because you would need to prove things you cannot prove (that you are Irish or that you work in one country and live in another).

What you need to do, is look at the reasons for refusal, and address them. If you are paying attention, you should now understand that what was missing from your first application is a document issued under EEA rules: either a EEA Residence Card or a EEA Family Permit. The big problem is that it is too late to apply to obtain either of those, the deadline for those was 31st December 2020. And if you resubmit and application without a EEA Residence Card or a EEA Family Permit, your application will be refused again.

Therefore I'm afraid you are stuck via any normal route. This is what @Zerubbabel and I have been trying to tell you.

after calling the settlement resolution center they have confirmed me that after 31 of DEC i can apply for other application as eu extended family member and we have time till 30.06.2021.

The general deadline to apply for the EU Settlement Scheme is June 30th 2021, but that is not the problem. The problem is that no matter how many times you apply, or how many variations of the application you attempt, if you do not submit a EEA Residence Card or a EEA Family Permit with the application, you will get it rejected again.

It will not be unwise to seek professional help from a qualified solicitor at this point, and be prepared for a long process, probably involving an appeal. I do not see any hope of any new application you submit by yourself.

But if anyone with a different opinion is keen to offer a different solution, by all means, you are more than welcome to share it.

[Zerubbabel]

I see some predictable issues here.

1 - Your sister is in need of medical assistance due to her illness. That assistance is not available to her in the UK. If she goes to NHS they can either refuse to take her or take her and send you a massive bill later when they realise she is eligible to free treatment.

Note that the following treatments a free in any case:

• Treatment in an emergency (but not follow up treatment)

• Treatment of certain communicable diseases

• Compulsory psychiatric treatment (usually people treated by force under Mental Health Act - example: some criminals)

• Family planning services

So that's a big liability on your shoulders at the moment


2 - Who is the sponsor for her EEA card in Italy? If you are the sponsor and you establish yourself in the UK, she might lose her EEA card in Italy. That means, doors may close behind her. This creates a sizeable risk of her being compelled to go to her home country in case her immigration attempt fails. Consider your options in the UK very carefully and if there are no legal routes open, don't throw your money to solicitors for years. Just cut your losses and take her back to Italy while you can.

[Alessandro2021]

I see some predictable issues here.

1 - Your sister is in need of medical assistance due to her illness. That assistance is not available to her in the UK. If she goes to NHS they can either refuse to take her or take her and send you a massive bill later when they realise she is eligible to free treatment.

Note that the following treatments a free in any case:

• Treatment in an emergency (but not follow up treatment)

• Treatment of certain communicable diseases

• Compulsory psychiatric treatment (usually people treated by force under Mental Health Act - example: some criminals)

• Family planning services

So that's a big liability on your shoulders at the moment


2 - Who is the sponsor for her EEA card in Italy? If you are the sponsor and you establish yourself in the UK, she might lose her EEA card in Italy. That means, doors may close behind her. This creates a sizeable risk of her being compelled to go to her home country in case her immigration attempt fails. Consider your options in the UK very carefully and if there are no legal routes open, don't throw your money to solicitors for years. Just cut your losses and take her back to Italy while you can.

until now there is not treatment appointment , yes this is the best option in my opinion too because all lowers they are asking a lot of money with no garantees i have decide to travel back with her in Italy

[Alessandro2021]

anyway i did today a new application today its : Based on your relationship to someone eligible for the EU Settlement Scheme or a person of Northern Ireland , i don't know if they need also a residence permit art. 10 or 20 , in your openion is it the right application because there is this option Based on your relationship to someone eligible for the EU Settlement Scheme or a person of Northern Ireland , or As the family member of a frontier worker. which one is correct and do you think that they will reject it again ?

Pretending you are person from Northern Ireland (which you are not), or a frontier worker (which I assume you are not since you are asking what that even is), is not going to work, and this is purely because you would need to prove things you cannot prove (that you are Irish or that you work in one country and live in another).

but if you can read it's someone eligible for the EU Settlement Scheme ((or))) a person of Northern Ireland
so i took the first option someone eligible for the EU Settlement Scheme
am i right or not ...!

What you need to do, is look at the reasons for refusal, and address them. If you are paying attention, you should now understand that what was missing from your first application is a document issued under EEA rules: either a EEA Residence Card or a EEA Family Permit. The big problem is that it is too late to apply to obtain either of those, the deadline for those was 31st December 2020. And if you resubmit and application without a EEA Residence Card or a EEA Family Permit, your application will be refused again.

Therefore I'm afraid you are stuck via any normal route. This is what @Zerubbabel and I have been trying to tell you.

after calling the settlement resolution center they have confirmed me that after 31 of DEC i can apply for other application as eu extended family member and we have time till 30.06.2021.

The general deadline to apply for the EU Settlement Scheme is June 30th 2021, but that is not the problem. The problem is that no matter how many times you apply, or how many variations of the application you attempt, if you do not submit a EEA Residence Card or a EEA Family Permit with the application, you will get it rejected again.

It will not be unwise to seek professional help from a qualified solicitor at this point, and be prepared for a long process, probably involving an appeal. I do not see any hope of any new application you submit by yourself.

But if anyone with a different opinion is keen to offer a different solution, by all means, you are more than welcome to share it.

but if you can read it's someone eligible for the EU Settlement Scheme ((or))) a person of Northern Ireland
so i took the first option someone eligible for the EU Settlement Scheme
am i right or not ...!

[kamoe]

but if you can read it's someone eligible for the EU Settlement Scheme ((or))) a person of Northern Ireland
so i took the first option someone eligible for the EU Settlement Scheme
am i right or not ...!

Yes, you are a person eligible for the EU Settlement Scheme, but this does not remove the requirement to submit a EEA document with the application. It is not clear what you are trying to ask here.

You said you were attempting a new application. How is that new compared to the one you already did?

Seems like you implied you were trying a different form altogether from the one you used in your first attempt, or that you are ticking different boxes. Can you please clarify?

[Alessandro2021]

but if you can read it's someone eligible for the EU Settlement Scheme ((or))) a person of Northern Ireland
so i took the first option someone eligible for the EU Settlement Scheme
am i right or not ...!

Yes, you are a person eligible for the EU Settlement Scheme, but this does not remove the requirement to submit a EEA document with the application. It is not clear what you are trying to ask here.

You said you were attempting a new application. How is that new compared to the one you already did?

Seems like you implied you were trying a different form altogether from the one you used in your first attempt, or that you are ticking different boxes. Can you please clarify?

I will withdraw the previous application for Borders worker and leave this one because it has inside this options:
Dual nationality
No
Previous nationality
No
Do you have a UK residence card with a biometric chip?
No
Where were you born?
Mogadishu
Permanent residence card
No
Indefinite Leave to Remain
No
How are you applying?
Based on your relationship to someone eligible for the EU Settlement Scheme or a person of Northern Ireland
Has your family member applied to the EU Settlement Scheme?
Yes
Family member type
Other relative
Because the call centre of eu resultion they confirmed that my sister she could apply till june ,but because I didn't find extended family member in the new application I choose this one because it has other relatives

[Zerubbabel]

The EU Resolution Centre is not an immigration consultancy.

If you ask them if your sister can apply under the EU Settlement Scheme, the simple answer is: YES.

But that simple answer doesn't take in account other criteria that are required down the line.

To apply she needs to provide an EEA card delivered by the UK. Due to Brexit, she can no longer apply for this card. It means that immigration route is closed for her.

[kamoe]

Because the call centre of eu resultion they confirmed that my sister she could apply till june

This shows how important it is to ask the right questions (and how fragmented and misleading the answers at the Resolution Centre are).

Can your sister apply? YES, the application form is available and there is nothing physically preventing her from applying.
Will she get her status approved? NO, because as we have already said here multiple times, a required piece of evidence to prove her relationship to you (a EEA Residence card or EEA Family Permit), which is explicitly requested as mandatory evidence for her application, is missing and it is now impossible to procure.

I deeply sympathise with your situation and I have already expressed what I believe is the best way out of it.

[askmeplz82]

If you don't have A you can not go to B. A is EEA family permit / eea residence card and B is Pre Settled status

route is closed for forever on 31/12/2020