Refusal to ISSUE residence card to my Parents

[enyrb26]

Hello,

My family and I came to live in UK in 2006 where we overstayed our tourist Visa. I married an EEA National in 2011 and have now got my Permanent Residence card as from last year. The immigration officer sent my parents and my little brother to a detention centre (2011) when they found out about the overstaying situation. They couldn't deport them as we submit an application as they are my direct relatives and extended family member - they were later released on bail. I have always worked to support my parents and brother financially. We have an ample (SEVERAL) pages of Joint bank accounts (My EEA NATIONAL husband and I ) where a financial dependency is clearly highlighted. My parents use my bank card joint account as they can't have their own.

The first application we sent was tarnished by the fact that the solicitor did not have a clue of what he was doing. We lost over 5 years on this.

We hired a new solicitor and submitted a fresh application now that I have a Permanent Residence.

The application came back as unsuccessful now stating that:

"My parents should have been dependent on the EEA national from the very first day they arrived in UK"

As we married in 2011 only, there's a few years of non dependency.

My question is:

Every money my parents and brother spend come from the Joint account from the EEA national and Mine. We have been living in same household since 2006. The landlord has given us the letter stating this truth and that my Husband also lives with us.


Based on the above, shouldn't the application be analysed on its own merit ? How could the EEA National possibly support them in 2006 as we didn't even knew each other.

We submitted pages and pages of joint bank statement highlighting every single transactions for every imaginable expenses paid to my parents - with their name as reference etc. This ranges from private mental health therapist, to dentist procedures, mobile phones, gym, spam_do_not_click_here services etc.

We have a chance to appeal and our solicitor say we have a very strong case for an immigration judge.

My question is: Is the Home Office wrong on this decision ? The refusal letter provides weak statements and shows a complete disregard to every piece of financial dependency we submitted!

Should I open a formal complaint against the Home Office for neglect of evidences ? My parents are devastated by this decision, my mother's mental health deteriorated.

Please I would really appreciate if anyone here could help me out on how to proceed for the best course.

Thanks guys!

[Hamlette]

Im not sure what you applied under, You have PR but you can not sponsor under EEA rules, only under uk rules

[enyrb26]

Application as family member of an EEA National exercising treaty rights in UK. (As his Spouse) My parents direct members.

[enyrb26]

Im not sure what you applied under, You have PR but you can not sponsor under EEA rules, only under uk rules

Application as family member of an EEA National exercising treaty rights in UK. (As his Spouse) My parents direct members.

[Hamlette]

The only option seems to Appeal and/or reapply

[enyrb26]

Hi, thanks for your reply. The Home Office clearly acted on pure neglect on this consideration. Apart from the appeal, is there any way this issue can be raised to a higher body? My solicitors were shocked.

[Obie]

The law governing your mother and brother are very different. In relation to your brother, he will need to demonstrate dependency on the EU national and in the case of your mother, it suffices if she is dependent on you.

[enyrb26]

Hi thanks for your reply. Yes we are aware of the discrepancy. Both my parents and my brother use my husband (EEA national) and mine Joint Bank account. The evidence is numerous regarding the financial Depency of either my brother on the EEA national or my parents on me. We submitted more than 5K pages of evidences, including everything that we pay for my parents and brother - clothes, utilities, food, rent etc! This is truly frustrating. The refusal letter is rather weak and neglect the points stressed, elaborated and supported by evidences on the application. It looks like they wrote it in a rush!

[enyrb26]

Anyone?