EEA Family Member Residence Card Refusal, Please Help.

[AL18]

Hello everyone.

I am a brazilian citizen and I moved to the UK with my parents last October to live with my big brother who is on a civil partnership with a Portuguese citizen. Both of them have good jobs so we decided to apply for a Residence Card claiming to be my brother's partner (our sponsor) dependents (which is true, they are the providers at home as my parents are still learning english and at the time of the application I was not entitled to work here in the UK).

We've sent the application form along with our passports, our sponsor's job contract and Portuguese ID card, a few other documents proving that we are indeed related and my brother's job contract and their civil partnership certificate and a few payslips, energy and internet bills on their names as well.

This morning we received the bad news, they have sent back all of our documents and refused our applications based on the fact that we have not given enough proof that we reside on the same address of our sponsor or that we depend on him to live in the UK. If it wasn't bad enough they have also sent a Notice of immigration decision saying that we now must live the UK voluntarily otherwise we may be enforced to do so. They also say that we can appeal on the decision.

One fact has changed since we've sent our applications, I have received a work permit from the Home Office and after two months seeking for a job I just got one as a Care Assistant in a Nursing Home. I'll be starting my job Monday, May 13th.

Please, my brother and I are desperate, will my parents and I have to leave the UK? Is there any chance that we can appeal and succeed? How can we prove that we depend on our sponsor if we can not have any bank accounts? Does the fact that I got a job help at any level?

Please, if someone has ever been for a situation like the I'm in or knows how to proceed, tell me, as I said, I am desperate, I have so many plans as going to uni, having a good life, if I had to go back to Brazil I wouldn't know what to do with my life.
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[Jambo]

Were you (and your parents) dependant on your brother partner before you moved to the UK or only after you moved here?

[AL18]

How does the appeal process work?

[Jambo]

See similar discussion - Residence Card for non-EEA extended family member.

[AL18]

Thank you a lot mate.
So, there's nothing we could do as we were not dependant of him before we moved? What about the appeal, is it worthless?

[Jambo]

If you don't qualify, there is no much point in appealing. You can't just show up in the UK and claim to be dependant (because you can't work in the UK).

I suggest you read http://eumovement.wordpress.com/2008/04 ... ficiaries/ to see if there are circumstances that match your case.

[AL18]

I see, but what are our rights under the European Law? I understand that my parents, as EEA family members can not be deported, but what are my rights as an extended family member (if I have any)?

[Obie]

Your mother may be able to qualify in certain circumstances, even though she may not be able to show pre-entry dependancy, but i don't believe you will qualify.

The court of Appeal has granted permission to Appeal in the case of AO, in regards to Extended family members who are only able to demonstrate post entry dependancy, but the circumstances of that case differs from yours significiantly.

[AL18]

Thank you all for the replies, I still have one question which despite all research I've been doing I can't find an answer: I understand that for my parents post entry dependency would be enough, but how can we prove the dependency? Would joint prepaid cards or paypal accounts be enough?
Also, does anyone know a good immigration services company with affordable fees?
thank you.

[Graham Weifang]

Would joint prepaid cards or paypal accounts be enough?
Also, does anyone know a good immigration services company with affordable fees?
thank you.

.
I think you are holding very short straws.
Prepaid cards, and a Paypal account isn't what they will consider "dependant on"

[austin100]

According to the amendment on the regulations 2006 . There is no need for the dependant to have lived with the EEA memember in another EEA state to qualify .
You should appeal under the regulations amendment of the European regulations 2006.