eea2 refused need help pls

atti · Post by **atti** » Thu Oct 11, 2012 8:08 pm

hi,

I have applied eea2 30th may 2012 as a father dependent he is German national i am pakistani national my husband and 3 kids(born in uk) overstayed 2008. my father was joined us in November 2011.but he was sport me financially from Germany after 2008.he is in uk from nov 2011 he is self employed.i am still dependent of my father which is shown on my bank statement. my application was refused under this grounds.
As you are applying member (daughter) of German national: As you are aged over 21 years your application is considered to be as one from the extended family member of an (EEA) national. As such u application will be considered under regulation (8) 2006.
1)In accordance with Regulation 8 of the EEA regulations you must be able to demonstrate that you are currently residing with/dependent upon you EEA sponsor in the uk. You must also demonstrate that prior to uk entry you were resident with or dependent on your EEA family member in the country he resided in prior to him entering the uk.
2)You have submitted evidence to show that you currently reside with your EEA family member in the uk. However you have failed to provide evidence that you resided with or were depended on your EEA family member before entering the uk.
3) Consequently it is not accepted by this department that any dependency existed immediately before or very recently before your EEA sponsor came to the uk or that you came to the uk at the same time as your EEA sponsor or very recently thereafter
you have failed to provide evidence that you meet the criteria of an extended family member.

plz plz any one help me how to clear all these question.....many many thanks.

Post by **Obie** » Thu Oct 11, 2012 9:14 pm

The refusal seems to make no sense at all.

Firstly you are not applying as a OFM under Regulation 8, you are a family member within the meaning of Regulation 7, as i understand.

Secondly, the requirement under Regulation 8 Must change in the light of the CJEU judgement in Rahman.

I am not sure what the circumstances are or the reasons for refusal are, but on the face of the refusal, it seem the provision they are using and the basis they are using to refuse are both invalid.

It remains for you and your reps to fight it out in court.

atti · Post by **atti** » Thu Oct 11, 2012 10:58 pm

many thanks obie, ur answer helped me alot. some words making me confuse. i:e

what does mean OFM regulation?
can u plz send me a link of CJEU judgment in Rehman.

Post by **Obie** » Fri Oct 12, 2012 5:51 pm

OFM is "Other Family member" or Extended family members as the Uk will like to refer them.

The CJEU is the Court of Justice of the European Union.

A judgement on OFM, who have a little less right than family members was recently passed. As this is not supposed to apply to your case if you are able to show that you are dependant on your father, i will not elaborate on it.

atti · Post by **atti** » Fri Oct 12, 2012 9:20 pm

thanks sir to help me...........

atti · Post by **atti** » Mon Dec 24, 2012 1:02 pm

hi,
obie i been in court last week i have provided all documents as a extended family members.but home office said you came in this country as a student dependent from 2005 to 2008.you have got two extension as a student dependent.and you did not mention you are a father dependent.court said do you have any proof she is father dependent or husband during (2005 to 2008) home said no. same question me i said no.court is adjourn next month only one question to prove you r father dependent in 2005 to 2008.any help me plz many many thanks......

Post by **Obie** » Tue Dec 25, 2012 5:35 pm

As i said before, there is not need to show history of dependancy.

The problem is credibilty. As you have been a dependant on your husband and married with 3 children, it makes it difficult for judge to find that the relationship of dependancy is genuine.

In these circumstance, your children will be better of claiming right to reside from their grand father, than you will. You can then claim right to reside as their mother.

No need for you to be considered under regulation 8. That regulation only come into the equation if you are unable to show depencancy and claiming to be member of your dad's household. I must say that provision offers a lesser protection than Regulation 7.

I think you should seek legal assistance from people who knows the law in this area, as tgere appear to be confusion at present. If you go under regulation 8, i am suspecious that even if you are found to be dependant or member of the household, your case will be remitted to the secretary of state to exercise discretion, and i suspect given the circumstance, the UKBA will not want to exercise a discretion in your favour.

atti · Post by **atti** » Wed Dec 26, 2012 1:14 am

Thanks

atti · Post by **atti** » Wed Dec 26, 2012 12:08 pm

HI,

do you know any good solicitor around heathrow and london area plz.........many thanks obie

Post by **Obie** » Wed Dec 26, 2012 12:55 pm

When is the hearing date, and were you previously represented?

atti · Post by **atti** » Thu Dec 27, 2012 12:25 am

my hearing is at the end of january and the court was adjourned in last hearing. The judge asked me to provide more evidence.

atti · Post by **atti** » Thu Dec 27, 2012 9:57 am

[quote="atti"]my hearing is at the end of january and the court was adjourned in last hearing.my solicitor was in london a fames law company.but i think most of law company do not now how to fight this case.

Post by **Obie** » Thu Dec 27, 2012 10:08 am

I have sent you a private message regarding you query.

atti · Post by **atti** » Thu Dec 27, 2012 11:03 am

thanks

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eea2 refused need help pls