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I applied for an EEA family permit on the basis that my brother is Swedish national. I have got the refusal although its stated that if EEA national is planning to move to UK within six months of date of application he can apply for his extended family member. They also didn’t accept the birth certificate which I had provided. I am attaching a copy of decision. Should i appeal this decision?
You state that your brother is a Swedish national. You have provided
evidence that your sponsor holds a Swedish passport.
Only those family members referred to under Article 2 of the Directive
2004/38/EC have an automatic right to join or accompany an EEA family
member to another member state when that EEA national is exercising a
Treaty right. Article 3 of Directive 2004/38/EC provides the basis
for a member state to consider other relatives, such as ‘extended
family members’ and determine the terms of entry and residence to
such ‘beneficiaries’ in accordance with their own domestic
legislation. (Article 3(2)). The United Kingdom has transposed the
terms of Article 3 into Regulation 8 of the Immigration (European
Economic Area) Regulations 2016. As Regulation 8(4) makes clear, the
United Kingdom is allowed to set terms on when it will accept
extended family members and allow them to reside in the United Kingdom
as family members of an EEA national. To apply for an EEA permit as
the extended family member of an EEA national in accordance with
regulation 8 of the Immigration (European Economic Area) regulations
2016, you must satisfy that you are financially dependent on your
sponsor. Guidance states that financial dependence should be
interpreted as meaning that the family member needs the financial
support of the EEA national or his or her spouse/civil partner in
order to meet the family members essential needs in the country where
they are present – not in order to have a certain level of income.
The applicant must also provide evidence to show their EEA national
sponsor has enough money to support them and the applicant is reliant
on them for this. I note that on your application you state that you
are financially supported by your sponsor. As evidence of this you
have provided money transfer remittance receipts. However, I am not
satisfied that this sufficiently demonstrates that you are dependent
on your sponsor to meet your essential needs. Unfortunately, this
limited amount of evidence in isolation does not prove that you are
financially dependent on your sponsor. I would expect to see
substantial evidence of this over a prolonged period. Furthermore,
the fact of transferring money is not evidence that it is needed by
the recipient. You have not provided any evidence regarding your own
financial situation such as bank statements or other documents
indicating financial ingoing and outgoings. You have provided no
evidence to demonstrate yours and your family’s circumstances
including your income, expenditure and evidence of your financial
position which would prove that without the financial support of your
sponsor your essential living needs could not be met. As evidence
of your relationship with your sponsor you have provided yours and
your sponsors birth certificate that was registered on 26th September
2020 confirming that your date of births are 1996 and 1991, these
registrations took place 24 and 29 years after your births. Due to the
length of time between birth event and registration this certificate
cannot be accepted as reliable evidence in the absence of other
relevant birth documentation issued at the time of the event or other
credible documentation evidencing your parentage. Every application
received by this office is assessed on its own merits using the
evidence that has been supplied with the application and all other
evidence available to me. However, the submission of repeat
applications within a short space of time is unlikely, without
significant, detailed additional evidence, to satisfy the Entry
Clearance Officer and alter the decisions that have previously been
made. I therefore refuse your EEA Family Permit application because I
am not satisfied that you meet all of the requirements of regulation
12 (see ECGs EUN2.23) of the Immigration (European Economic Area)
I will be flying from South Africa to the United Kingdom and was wondering if I will be allowed to take my prescribed CBD oil onboard the flight. Or will I have problems on arrival in London?
flying from South Africa to the United Kingdom and was wondering if I will be allowed to take my pre-scribed CBD oil onboard the flight or will I have problems on arrival in London?