EEA Extended Family PR Refusal & First Tier Appeal

[philippinedory]

Hi there, my name is Dory and I'm from the Philippines.

My 5 year Residence Card as an Extended Family Member of an EEA National (Italian - my niece) expired in September 2015 and I applied for Permanent Residency under the 5 year rule but was refused. We have appealed and my First Tier Tribunal Appeal hearing is on the 3rd August 2017.


I have a few questions if anybody could be so kind as to answer please.



1) What is the latest time to submit new supporting documents / evidence prior to the appeal hearing?

AND

Can we submit new supporting documents / evidence to the Judge on the day of the Hearing even if we have not sent them before the Hearing?



2) Our refusal was for 2 out of 3 reasons (they accepted all my documents as proof that I had been here for the whole 5 year period).


The first reason for refusal was my sponsor's (Italian niece) EEA National lack of evidence of her Exercising Treaty Rights as a 'qualified person' - could we instead rely on complete supporting evidence from her EEA National Italian husband?


Also our Immigration Advisor may have ticked a wrong box on the PR application as my Niece the EEA Italian National sponsor already had Permanent Residence here without any restrictions stamped in her passport so therefore did not have to prove that she was a 'qualified person' exercising treaty rights and therefore did not have to provide 5 years of documents showing that she was working or studying - IS THIS CORRECT?



3) The other reason for refusal was 'lack of evidence' of residing together.

Because I was allowed to work I have done so we honestly said that I am not now financially dependent on her but that of course I am residing with her in her house which is allowed.


But even though all my documents show that I am in her house at her address they said that I provided insufficient evidence of residing with her.


I can understand that if we were a married couple bills would be in joint names but I'm her aunt and all the household bills are in her name and her husbands.


All my personal letters and mobile / sky talk / tax bills / medical / bank statements show her address but they say that this is insufficient.


In my case as her aunt what exactly do they need to see - what exactly can I give them to prove to them that I'm living there?


Thank you for reading this and i hope that someone will take the time to answer if they can.


Thank you and much appreciated,
Dory