my wife and I need your advise. Our family organised an application for an EEA family permit for my father in law. I’m german (EEA member), my wife is from Bangladesh, as well as my father in law (he lives in Dhaka at the moment.
The application was denied. My wife and I are very worried, as my father in law does suffer from AMD, diabetes and arthritis.
Today we've received the result with the following wording:
WHY?!You have applied for an EEA family permit to join *me* in the United Kingdom as their dependent relative. I have considered your application under regulation 6 of the Immigration (EEA) Regulation 2006.
Guidance that explains the type of documents which, in additions to the application form, might give visa applicant the best opportunity to show that their circumstances are as they have set out is available here: *link*
In assessing your individual application, it has not been necessary to interview you,
HOW WOULD I PROVE THAT?! He literally has no other income, and the flat he lives in is rented in a high-rise. (sorry, I’m really angry about the whole thing) moving on. Do we need bank statements, bills? I don’t think there are any. He just pays the landlord.but I have taken account of:
- the personal and financial circumstances as declared by you and your application form
your passport and travel history.
your family circumstances
the supporting documents you provided.
I have used all the information provided by you to determine if the requirements of the immigration (EEA) regulations 2006 have been met. In reaching my decision, which has been made on the balance of probability, I note the following points:
You have stated that you propose to join your daughter and German son in law in the United Kingdom.
You have provided evidence of money transfers from your sponsor. Whilst I acknowledge that this shows that your sponsor has sent you money I am not satisfied that you have demonstrated that this money pays for your essential needs in Bangladesh e.g.: rent and food. You state that you are separated and live alone, but there is no evidence that this is the case.
That’s the sentence as is, grammar and all. Also, pension in Bangladesh is only available for civil servants. It’s not like it’s Britain!You state that you are retired, and would be usual to see a pension payment.
Bank statements, check. But what else can we submit to make the case waterproof? Any advice on this would/will help.You have chosen not to submit copies of your persona bank statements, and I am therefore not satisfied that you rely on the support from your EEA national sponsor.
Medical documents and attestations are almost exclusively handwritten. Of course a printed document would be better, but that would be ‘fake’, wouldn’t it? I don’t know how my father in law submitted these particular documents, copies were taken at the visa application centre in Dhaka, I assume that’s were the illegibility was introduced.You also state that you are suffering from medical conditions; however as evidence of these conditions have submitted photocopied documents which are mostly illegible.
Right, so what else can we provide as evidence? DNA test? That birth certificate was requested at the time, before my wife came to the UK to study.Furthermore, I am aware that birth certificates can be readily obtained in Bangladesh without the requirement to produce corroboratory evidence.
Such documentation is readily available in Bangladesh and seen on a regular basis at this High Commission. It is possible to register a birth, death or marriage in Bangladesh at any time after the event is said to have taken place without the need to provide corroborating documentary evidence, and it is not clear what credible evidence of your daughter’s birth, if any, you were able to show to the authorities in order to obtain her birth certificate. It is noted that this documents was issues 22 years after your daughter’s birth and I therefore consider this documents e a self-serving one, which could not be relied upon to satisfactorily establish that you are related as claimed to your sponsor.
So an appeal seems not possible, so where do we go from here? Can we reapply? What else do we need to supply in documents, photographs, any and every advice will be of help here.You have failed to provide sufficient evidence to support your relationship. In view of your failure to provide satisfactory evidence, I am not satisfied that you are the family member of an EEA national in accordance with Regulation 7 of the Immigration (EEA) Regulations 2006, and, on the balance of probability, I am no satisfied you are wholly or mainly financially dependent on your sponsor or, if you are, I am not satisfied that it is a dependency of necessity rather then choice. I am therefore not satisfied that you are a family member in accordance with Regulation 7 of the Immigration (EEA) Regulations 2006
Your application does not attract a right of appeal under regulation 26(3) of the Immigration (EEA) Regulations 2006 as you have failed to supply any evidence that you are related as claimed to your EEA national sponsor.
I'm aware of a case that ruled the dependency does not have to be of necessity. I can probably find the right case/wording on google, as I have read a similar thread on this forum before.
My wife and I are both very angry, but also want to do l we can to tackle this in the right way. We are worried about our father/father in law, and want him to stay with us to look after him properly.
I hope you can help us somehow, I don’t know where to go from here.
Thank you everyone,
Joseph
