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How to appeal? Clarification on procedures

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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chiccanovenni
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Posts: 8
Joined: Fri Sep 22, 2017 11:11 pm
Italy

EEA PR refused - urgent help

Post by chiccanovenni » Fri Nov 17, 2017 2:40 pm

Hi everyone,

I am an EEA national moved to in 2012 with my parents. When I moved I was 16 I attended full time college from 2012 till 2016. All this time my dad was excercising treaty rights by working and I was his dependent. We lived in the same house and he was getting child benefits for me. I have undertaken part time job in 2015 and started working full time after college finished in 2016.

In 2017 I have applied with my parents for EEA PR I have proved residency with my college letters and bank statements however I have also given my payslips and work contact for 2015-2017.


I have received a refusal letter today stating that the first three years 2012-2015 when I was student cannot be counted toward the five years residency because I did not provide CSI.
Is this right? I thought I did not need CSI because I was dependent on my dad for those 3 years. I can appeal, am I right to appeal under this circumstances that I was dependent of my dad because he was working at the time?

If not I have already contacted my EEA authorities and they said they can provide me a letter saying they are responsible for my sanitary costs as part of EU.


How do I appeal? Do I have to fill in the application form again? Or do I just send everything they sent me back + new supporting letter stating that I was a dependent for those three years?


My dad did not receive his application yet but online says it was decided so hopefully he will get his one next week.

chiccanovenni
Newly Registered
Posts: 8
Joined: Fri Sep 22, 2017 11:11 pm
Italy

Re: EEA PR refused - urgent help

Post by chiccanovenni » Sun Nov 19, 2017 5:25 pm

Anyone that can help me ?

chiccanovenni
Newly Registered
Posts: 8
Joined: Fri Sep 22, 2017 11:11 pm
Italy

How to appeal? Clarification on procedures

Post by chiccanovenni » Sun Nov 19, 2017 5:55 pm

Dear all,

I have been refused for my EEA PR because I have not provided CSI documentation for the period I was a student in the UK but i want to appeal because at that time I was dependent on my father as I was a minor.

It is the first time I am appealing against home office decision.
What do I have to do? I have to complete the IAFT-5 form and include the reason why I am appealing, but do I have to include a new EEA PR form and all the documents that have been sent back to me? Do I include only photocopies , no originals?

Thank you

secret.simon
Moderator
Posts: 11258
Joined: Thu Feb 21, 2013 9:29 pm

Re: How to appeal? Clarification on procedures

Post by secret.simon » Sun Nov 19, 2017 6:51 pm

Had you enclosed proof in the original application that
a) your father was an EEA citizen in the UK either holding PR or exercising treaty rights for the entire period that you claim to be dependent on him,
b) proof of your dependence.

If you had not enclosed such proof, you may be better off reapplying rather than appealing.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Obie
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Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: How to appeal? Clarification on procedures

Post by Obie » Sun Nov 19, 2017 7:49 pm

My understanding is that this individual was under 21 at the time he was living with his parents, and therefor is do not think he is required to show dependency for those period.

eea-route-applications/eea-pr-refused-u ... 43598.html
Smooth seas do not make skilful sailors

chiccanovenni
Newly Registered
Posts: 8
Joined: Fri Sep 22, 2017 11:11 pm
Italy

Re: How to appeal? Clarification on procedures

Post by chiccanovenni » Sun Nov 19, 2017 9:50 pm

secret.simon wrote:
Sun Nov 19, 2017 6:51 pm
Had you enclosed proof in the original application that
a) your father was an EEA citizen in the UK either holding PR or exercising treaty rights for the entire period that you claim to be dependent on him,
b) proof of your dependence.

If you had not enclosed such proof, you may be better off reapplying rather than appealing.
Hi thank you for your response.
In the first application my mother has acted as applicant and my father acted as sponsor and myself and my siblings were put as dependents. However only my application has been turned down because I have not provided CSI. But as far as its my understand I was aged 16-19 for the three years I was a student and I was dependent on my father, home office refused me anyway. I think they did understand the situation even tho my father enclosed payslips and child benefit letters... am I right to appeal on this ground?

When I appeal do I have to send everything again? Application and documents, everything orginal even tho on the Appeal form says do not send anything original not even documents ? If I send originals will these be returned to me?

chiccanovenni
Newly Registered
Posts: 8
Joined: Fri Sep 22, 2017 11:11 pm
Italy

Re: How to appeal? Clarification on procedures

Post by chiccanovenni » Sun Nov 19, 2017 9:52 pm

Obie wrote:
Sun Nov 19, 2017 7:49 pm
My understanding is that this individual was under 21 at the time he was living with his parents, and therefor is do not think he is required to show dependency for those period.

eea-route-applications/eea-pr-refused-u ... 43598.html

Yes I was under 21 the three years home office has taken in consideration to refuse me. And now even tho I'm over 21 and have a full time job I am still living with my parents. Any thought of what to do?

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