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) Regulations 2016.