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Application for a dependent family member rejected

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Jersey
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Posts: 152
Joined: Thu Dec 18, 2008 4:10 pm

Application for a dependent family member rejected

Post by Jersey » Thu Mar 26, 2009 3:26 pm

Hi I just got today a letter from the Border Agency saying that they rejected the application of my dad as my dependent because he didn't satisfy them that he is financially dependent on me.

I'm a romanian holding a blue card (Exempted from work registration), living in the UK and my dad lives with me. I sent them proofs confirming our family relationships and some bank statements and rent agreement. What other financial documents will "satisfy" them that he's dependent on me? It's a bit awkward , as according to their website:

Bulgarian and Romanian family members of a Bulgarian or Romanian who is exempt from work authorisation requirements, see the section Can I live and work in UK, are entitled to be issued with a registration certificate confirming that they are also exempt from those requirements. They can apply for a registration certificate using application form BR1 and they should see the Applying section for information on how to do this.
and in the BR1 form:
if the relationship is other than spouse/civil partner or parent/child, e.g. brother or cousin, please provide appropriate evidence to confirm the relationship and evidence that your family member is dependant on you
and in the Immigration Regulation 2006:
(3) The Secretary of State must issue a registration certificate to an EEA national who is the family member of a qualified person or of an EEA national with a permanent right of residence under regulation 15 immediately on application and production of—

(a) a valid identity card or passport issued by an EEA State; and

(b) proof that the applicant is such a family member.
Now I ask myself, how can they reject my dad's application, if they clearly state on the website that close family members as (Parents or spouse) are entitle to get registration certificate, and in the form itself they clearly state that only brother/sister/cousin need to show financial dependence? It clearly contradicts what they state.

What should me and my dad about it?

Thanks for your help.

Jersey
Member
Posts: 152
Joined: Thu Dec 18, 2008 4:10 pm

Post by Jersey » Fri Mar 27, 2009 2:14 pm

anyone?

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Fri Mar 27, 2009 4:17 pm

Is your father financially dependent on you?

Jersey
Member
Posts: 152
Joined: Thu Dec 18, 2008 4:10 pm

Post by Jersey » Sat Mar 28, 2009 10:46 am

Yes. But what would have happened if he wasn't? is that the only way for him to get registration certificate as my family member?

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Sat Mar 28, 2009 4:20 pm

Could you please post the exact reason UKBA gave in rejecting the application. Thanks!

Jersey
Member
Posts: 152
Joined: Thu Dec 18, 2008 4:10 pm

Post by Jersey » Sun Mar 29, 2009 4:18 pm

Directive/2004/38/EC wrote:Could you please post the exact reason UKBA gave in rejecting the application. Thanks!
Your appliccation has been refused for the following reasons:
- The UK Border Agency is not satisfied that you are financially dependant upon your family member.

Jersey
Member
Posts: 152
Joined: Thu Dec 18, 2008 4:10 pm

Post by Jersey » Sun Mar 29, 2009 4:20 pm

Directive/2004/38/EC wrote:Could you please post the exact reason UKBA gave in rejecting the application. Thanks!
Your appliccation has been refused for the following reasons:
- The UK Border Agency is not satisfied that you are financially dependant upon your family member.

Jersey
Member
Posts: 152
Joined: Thu Dec 18, 2008 4:10 pm

Post by Jersey » Mon Mar 30, 2009 3:03 pm

Can someone let me know please what's the length of the financial dependency the UKBA is looking to see?

Are they applying the right rules and regulations?
According to Accession Regulations 2006:
(8) A national of Bulgaria or Romania is not an accession State national subject to worker authorisation during any period in which he is a family member of an EEA national who has a right to reside in the United Kingdom under the 2006 Regulations, unless that EEA national is—

(a) an accession State national subject to worker authorisation; or
Well I'm clearly not an accession state national subject to worker authorisation since I'm highly skilled and got the blue card. Does this mean they must grant my dad the Registration Certificate?

Jersey
Member
Posts: 152
Joined: Thu Dec 18, 2008 4:10 pm

Post by Jersey » Wed Apr 01, 2009 8:00 am

Anyone please?

Jersey
Member
Posts: 152
Joined: Thu Dec 18, 2008 4:10 pm

Post by Jersey » Sun Aug 02, 2009 9:51 pm

Well finally he got the blue card in the 2nd application. :D

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