Refusal of residence card

[mike1]

Following on from an olderpost of mine,my step-daughtergot an EEA family permit just before she turned 21.She was 21 when she came here last october and her family permit runs out on 4/april.She applied for residence soon after arriving in uk with me being the EEA national.
She just had the application refused on the dependency requirement,the refusal letter states --
"you applied as a step-child of an EEA national,you were over the age of 21 when you entered the uk with an EEA family permit.The EEA family permit exempts you from proving your dependency------ however you are still required to provide evidence that having accompanied your family member to the uk,you remain dependant upon him as part of his household.
you have failed to provide any evidence that you meet this requirement.
they then go on to refer to reg 8(2) c.
Now when she came here I got a bank account opened for her and I set up a weekly dd of £40 from my account, a bank statement was included with the application as evidence of my support and her dependency ,however it only showed one or two entries as she applied soon after getting here.
My question is have they looked as insufficent evidence of dependency? do I now need to show the near 6 months bank statements as proof of dependency ?. I cannot think of much more proof that I can provide as she is kept and living with us all the time.
We can now either appeal the decesion or make a new application and I am thinking of appealing as we are on holidays soon and need the passports . anybody know of the best route to take or if we appeal how long does it take to get a hearing, any ideas greatly appricated :xxgrinning--00xx3:

[imagine]

looks like on applying 6 months statements for proof of dependancy would have been more inline with the same required of bank statements as proof for other visa such as engagement and spouse visa,

shame you hadnt set up a dd 6 mths before applying, wether she was here or not, could have made a difference,
sorry thats only my opinion , i am no expert, hopefully someone will advise you on this ,

good luck

[joebloggs]

what does your step daughter do ? student, working ???

[mike1]

what does your step daughter do ? student, working ???

no she has not done anything since she arrived

[joebloggs]

no she has not done anything since she arrived

thats good, i was in a bit of a similar situation as you, got my stepson here a few months b4 he was 18, and he was over 18 when we had to apply for ILR, so i made sure he was still dependent on us.

i was prepared to send him to college, but the cost of the international fees i wasnt prepared to do that to prove he was still dependent on us.

if she is not working then she has to be dependent on you. not sure what is the best route for you to take, but your running out of time to make a fresh app, probably better to appeal.

somethings on dependency you should know about.
http://www.freemovement.org.uk/2009/12/08/dependency-a-question-of-fact/
http://eumovement.wordpress.com/2008/04/28/other-family-members-who-are-beneficiaries/

[mike1]

thats good, i was in a bit of a similar situation as you, got my stepson here a few months b4 he was 18, and he was over 18 when we had to apply for ILR, so i made sure he was still dependent on us.

i was prepared to send him to college, but the cost of the international fees i wasnt prepared to do that to prove he was still dependent on us.

if she is not working then she has to be dependent on you. not sure what is the best route for you to take, but your running out of time to make a fresh app, probably better to appeal.

somethings on dependency you should know about.
http://www.freemovement.org.uk/2009/12/08/dependency-a-question-of-fact/
http://eumovement.wordpress.com/2008/04/28/other-family-members-who-are-beneficiaries/

Thanks Joe for the links and your views , I think we will appeal rather than new application

[mike1]

looks like on applying 6 months statements for proof of dependancy would have been more inline with the same required of bank statements as proof for other visa such as engagement and spouse visa,

shame you hadnt set up a dd 6 mths before applying, wether she was here or not, could have made a difference,
sorry thats only my opinion , i am no expert, hopefully someone will advise you on this ,

good luck

I dont think it would have made much difference as it clearly states that the family permit exempts you from proving dependency , she had not reached 21 by then .:)

[joebloggs]

thats right, you only need to provide evidence she is dependent on you in the uk, if she is not working and receives no money from anyone else apart from you. its a no brainer :doh

yes appeal would probably be best, mention she lives with you, she doesn't lead an independent life style, you provide her with everything she needs and your bankstatements are the only evidence you.

might be an option to mention in your appeal, she is thinking about going to college so she will be dependent on you for a year or two more:rolleyes:

[mike1]

:Erm: I am not sure what more evidence I can provide that she is dependant on me apart from showing her and my bank statements , Anybody got any ideas ?:)

[mike1]

thts right, you only need to provide evidence she is dependent on you in the uk, if she is not working and receives no money from anyone else apart from you. its a no brainer :doh

yes appeal would probably be best, mention she lives with you, she doesn't lead an independent life style, you provide her with everything she needs and your bankstatements are the only evidence you.

might be an option to mention in your appeal, she is thinking about going to college so she will be dependent on you for a year or two more:rolleyes:

Thanks for that Joe, only just seen it !

[Arthur Little]

Thanks for that Joe, only just seen it !

:xxgrinning--00xx3: ... Good Luck with whatever you decide.

[mike1]

:xxgrinning--00xx3: ... Good Luck with whatever you decide.

Thanks Arthur:xxgrinning--00xx3:

[mike1]

just an update- we appealed the decision and the appeal was sucessful:Jump:I think the judge was suprised it had not been granted in the first place ,I now presume they are going to request her passport to have her resident stamp put on there , Anyone know how long thats going to take or does she just send the passport back to Liverpool , can she travel with her passport and the appeal decision as she wants to go back to PI for a month :xxgrinning--00xx3:

[grahamw48]

That's brilliant news. Congratulations ! :xxgrinning--00xx3:

Personally I'd get all UK residency sorted out and finalised before any trips out of the country.

[tone]

Thank goodness someone saw sense!
Congrats on the appeal!

[Terpe]

just an update- we appealed the decision and the appeal was sucessful:Jump:I think the judge was suprised it had not been granted in the first place ,I now presume they are going to request her passport to have her resident stamp put on there , Anyone know how long thats going to take or does she just send the passport back to Liverpool , can she travel with her passport and the appeal decision as she wants to go back to PI for a month :xxgrinning--00xx3:

Good job. :xxgrinning--00xx3:
Well done for sticking with it. I also have no idea why it ever needed to go to appeal stage. Always seemed clear, but odd things happen these days with UKBA/Home office and I do wonder whats behind that.

Anyway, congratulations all round.

[mike1]

Good job. :xxgrinning--00xx3:
Well done for sticking with it. I also have no idea why it ever needed to go to appeal stage. Always seemed clear, but odd things happen these days with UKBA/Home office and I do wonder whats behind that.

Anyway, congratulations all round.

I do not think they look at it in great depth , someone shouts from the top for better statistics /results and the applications gets screwed up , sad as it is but thats my thoughts :rolleyes:

[mike1]

Thanks Grahamw48,Tone & terpe . I thought I had already put that in the last post :xxgrinning--00xx3: