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EEA EFM Refused With No right of Appeal | 7days to reapply

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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attari
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Joined: Wed Jan 25, 2017 7:45 pm

EEA EFM Refused With No right of Appeal | 7days to reapply

Post by attari » Sat Feb 25, 2017 4:16 pm

Hi all, I am new here. I heard a lot about this forum. I got a refusal of my EEA EFM. I got no right of appeal. I just have seven more days to respond or leave the country. Please give me advise whats the best option for me. I can either apply a fresh application or Judicial review.

Here is my time line for EEA EFM

13 June 2016 File submitted
20 June 2016 Direct Debit by HM
13 July 2016 BioMetric + COA Received
20 July 2016 Bio sent
23 Dec 2016 Refused
20 Feb 2017 Refusal received

I was dependent on my NON-EEA brother and his EEA national wife. He got 5 year RC. I showed money transfer evidence from both my brother and his wife (BANK & Western union ). HO said money transfer evidence is not enough to show dependency. The second objection was that I and my brother's wife never lived together before I join them in the UK.

my questions are
What else can I provide them other than Money transfer receipts to show the dependency?
How can I answer that question that his wife and I was not living together before I join them in the UK as she never came into my home country? I was living with my brother though when he was not married and we both were in back home.
Is it mandatory to live together before joining EEA national as EFM in the UK? I and my brother were living at the same address before I come to UK can I say that I was living with my brother and he was not married at that time. which is true.
Thanks in advance.

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Casa
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Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: EEA EFM Refused With No right of Appeal | 7days to reapp

Post by Casa » Sat Feb 25, 2017 4:36 pm

The decision was correct as you weren't dependant on an EEA national as an extended family member before coming to the UK. Dependence on your non-EEA national brother before his marriage is irrelevant.

Evidence of dependency:
Evidence of dependency may include (but is not limited to):
Financial dependency that existed before the applicant came to the UK and financial
dependency continues now the applicant lives in the UK. Evidence of this can include:
o bank statements, or
o money transfers.
Being a member of the relevant EEA national’s household before they came to the UK.
Evidence of this can include:
o joint tenancy agreements, or
o a letter from the local council


https://www.gov.uk/government/uploads/s ... als_v3.pdf
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

attari
Newly Registered
Posts: 5
Joined: Wed Jan 25, 2017 7:45 pm

Re: EEA EFM Refused With No right of Appeal | 7days to reapp

Post by attari » Sat Feb 25, 2017 4:55 pm

I was dependant on EEA National before coming to the UK, She sent me money using Western Union when I was outside the UK. I have money receipt from both of them my brother and his wife before I join them in UK.
The objection was
You have failed to provide any evidence that you were residing with your sponsor while in your country.

Do I have to provide such evidence? how can I answer this in my fresh application!

Thanks

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