EEA refusal! 14 days to appeal all offices are closed

[Michal85d]

Hi
I hope somebody can help or advise me.
I applied for EEA family permit resident car for my mother in law (she is from South Korea).
We applied end of May 2016 and just received the refusal (on the 22nd of December 2016).
We got 14 days to appeal from the 19th of december. Obviously most of the offices are closed till the 2nd of January which is our due date anyway.

The reason of refusal based on dependency.

" You have provided no evidence of support continued financial dependency since your arrival in the UK.
In order to support you EEA national sponsor this department would expect to see bank statements for you and your EEA national sponsor which show regular financial deposits/receipts. This evidence should cover from the point of your entry into the UK up to the date of application to show continued dependency.
You have also failed to show any evidence of residency with your EEA national sponsor in the United Kingdom.
This could have been demonstrated by registering with your local GP or opening bank accounts."


I just called my GP to confirm again "They told me they are not allowed to register anybody who is currently on a travel visa.

I also called my Bank to confirm " they only allow to open an account to people who have permit residence.
which my mother in low obviously donsn't have yet even she is living with us from day one.

The only evidenceI can provide is the current rental contract of our current residency. The agency we renting from put my mother in law down as dependent tenant as she doesn't have any income .
When she arrived to the UK we have lived in my aunties property and the contract mentioning only my self and my wife. My Mother in Law is with us no 1 year. 6 months we all living in previous house her not being mentioned in the contract and 6 months living all at the new property her being mention in the contract.

We also don't have any bank statements or receipts to prove her dependency as she doesn't have a bank account. So we are not sure what to proof when we appeal.

If anyone has any suggestions or similar experience please shoot it in my direction otherwise Merry christmas and a happy new year.

Michal

[secret.simon]

What are your nationalities?

Is your mother-in-law currently in the UK? If so, what visa did she enter on and how long has she been here?

[Michal85d]

Hi
Thanks for your reply.
I am polish and my wife is southkorea.
My mother in law is from South Korean.
Living currently with us in the UK.
She came here on a travel visa to help us out
with our baby daughter so we can continue
both working.
She entered the UK in January 2016

[secret.simon]

My Mother in Law is with us no 1 year. 6 months

She entered the UK in January 2016

These two sentences contradict each other.

If she is already in the UK, she does not need a Family Permit, which is the equivalent of an entry visa.

She should apply for a Residence Card.

To do that, she needs to demonstrate that she is dependent on you and your wife for her essential daily needs AND that you are exercising treaty rights (by working, etc) in the UK.

Can you prove that she was dependent on you or your wife when she was still in South Korea (bank transfers, etc)?

[Michal85d]

She has been with us now 1year in total.
6 month living with us in our previous house and
6month in our current house.
Total 1year.
The reason I mentioning this is because the
only prove of living with us is when we moved
6month ago to our curriend address.
She is in the contract mention as
dependent.
That's the only thing I can prove.
No statements, no bank account.

But according to tbe GP and Banks:
She wouldn't have been entitled to register or opening an account on her current travel visa anyway.

So the immigration office ask for prove
Which can't be proved

Thase this makes sence??

Thanks

Michal

[Casa]

The first mistake was entering on a visitor visa rather than the correct EEA FM Permit.

I assume that your mother-in-law submitted evidence in her visitor visa application of strong ties and self-sufficiency in her home country to convince the ECO that she wouldn't attempt to put down roots in the UK.

You may well find it a challenge to submit documented proof that she was dependent on you before arriving in the UK, as one application (visitor visa) is likely to contradict the other (EEA RC).

[Michal85d]

Thanks Casa

No she didn't the travel visa is not something you have to apply for. South Korea is entitled to enter the U.K. For a maximum of 6 months.
We passed all criterias except the proof of dependency.
They only thing they asking for is proof of
an bank account and registered by local GP.


But people on a travel visa are not entitled to
be registered or opening an bank account.

It feels to me there was an opertunity for them to turn us down.
If I can proof this and appeal would it work?

Michal

[Casa]

I didn't spot that South Koreans are non-visa nationals.

Was your mother-in-law wholly dependent on you prior to arriving in the UK and do you have documented proof of this?

[noajthan]

If MIL is visafree then thats an implied visit
visa.
No work permitted not even childcare.

Correct entry into UK would have been on a FP.
Then bank accounts & etc would have been straightforward so HO are not really asking for the impossible.

[Casa]

The HO aren't going to make this easy for you. They take a dim view of someone entering as visitor and deciding they're not just visiting after all.

[Michal85d]

Casa
My mother in law Is early retired
We visited here last year and came back
All together to uk so she can stay with us and look after sour baby.
Then we decided to apply for a EEA Visa so my
wife can return from her maternity leave back to work.

I don't have any evidence of supporting her.
The HO Want to see only deposits and receipts
of me supporting her since she arrived here in uk.

As she doesn't have any bank account here in the uk at the
moment there is no prove from me if supporting her.
I just always gave her cash.


noajthan

Sorry not to sure about the shortcut FP and
MIL


Thanks for you time every body on this time of
thw year really apreaciate you effort.

Michal

[noajthan]

A FP is not a shortcut but could have helped make position more straightforward (if granted); coming as visitor was the shortcut.

Without rock-solid evidence of dependency mother in law's (MIL) position is shaky.

Failing that you need rock-solid of mom's membership of your household and possibly fall back on EFM option rather than as a direct FM.

Takeaway: Papertrail of some sort required.

[Michal85d]

I easily could proof her living in our house.
Since she came to the Uk.
And I also could proof that she was not entitled
having an bank Account with her current visa
as well as the GP registration.

Could this have been taken to account??

Any suggestion??

Thanks
Michal

[noajthan]

Houaehold proof may help.

Proving you cannot comply with other proofs does not help at all.
If mom had entered UK on a FP she'd have faced no such difficulties.
HO plays hardball, expect no concessions.