UK - EEA Family permit refusal for mother due not enough dependency

Question

I am a German citizen living in the UK with a granted settlement status. My mother lives in Germany and we went to Calais/France border to get interviewed there and the visa stamp as it is quicker and my lawyer told me to do it that way.

I have applied for an EEA family permit for my mother as an dependent direct family member of an EEA national (me) to accompany me in the United Kingdom.

Unfortunately we got refused and the reason was: „there was not enough dependency proved“.

I lived with my mother before I moved out and I always gave her cash in hand (for rent and her expenses) because why would I transfer money to someone I live with if I can just give it to them cash. She always takes out the money anyways. So there is no way to provide proof of that.

I said that I am self sufficient and also due to corona there was not enough work for me and I therefore did not have enough income (around 1,2k monthly usually I get over 2K) but I was still sending her money after I moved out. I was sending money for over 7 months but the home office said it’s not enough dependency.

So we applied AGAIN for an EEA Family permit but online this time and with the same documents I proved in Calais/France border. We went to the visa application center in Germany and after the decision came, we received the same refusal. Again saying not enough dependency provided.

Here is the refusal:

In assessing your individual application, it has not been necessary to interview you, but I have taken account of:

-the personal circumstances as declared by you on your application form, -your passport, -your family circumstances and -the supporting documents you provided.

I have used all the information provided by you to determine if the requirements of the Immigration (European Economic Area) Regulations 2016 have been met. In reaching my decision, which has been made on the balance of probabilities, I note the following points:

The Decision

You state that your sponsor is a German national. You have provided evidence that your sponsor holds a German passport.

I acknowledge all the supporting documents you have provided including the letter from your lawyer.

I note that this letter states, and is corroborated by the stamps in your passport, that you were refused entry to the UK through Calais on the XX.XX.XXXX. It also states the Immigration Officer made an incorrect assessment of your relationship and dependency on your sponsor, however they have failed to fully explain what constituted an incorrect decision, given they themselves state you were given ample time to provide all the appropriate information at the point of entry. They stated that you were questioned intensely with an interpreter which is contrary to your best interests, however given you speak a language other than English the Officers are only able to make an assessment of your circumstances once they are able to obtain all the information. It is your responsibility to demonstrate that you meet the regulations in order to qualify for entry to the UK.

You state that you are financially reliant on your sponsor to meet your essential living needs. Additionally, you state that you receive £150 monthly from your sponsor. For this office to establish your dependency, we must be satisfied that you require financial support from your EEA national sponsor to meet your essential living needs. In support of this, you have provided 4 money transfer remittance receipts dated between 19 September 2020 and 14 December 2020 to you, though there is nothing to show who the funds have been sent from. I also note you have provided a bank statement in your sponsor’s name from XXXXXX Bank – account ending XXX. I note the transactions in this account however I am unable to equate any of the funds to you and your support. I note you have also provided a tenancy agreement in your name and that of your sponsor as well as letters to you both with that address, however the tenancy agreement is undated and so I am unable to establish when this was signed and when it relates to, and if it genuinely relates to Accommodation you share. You state your sponsor is self-sufficient however there is insufficient evidence to demonstrate her circumstances and what funds she has. Given the information provided I am not satisfied she has the means to support you as well as herself. Further to this there is nothing to show that your sponsor is the one providing this accommodation. I note hat on previous applications you have made to travel to the UK you have mentioned numerous other family members who reside there which also causes me to question whether you are reliant on this sponsor for your essential living needs or if you are reliant on others.

This office would expect to see evidence which fully details yours and your family’s circumstances. 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. The fact of transferring money is not evidence that it is needed by the recipient. Unfortunately, this limited amount of evidence does not prove that you are financially dependent on your sponsor.

IN addition to the above you state you met the requirements because you both hold European Health Insurance cards, however the regulations state that these are only valid for a temporary stay in the UK. Your application states that you intend to settle and so the Immigration Officer would have noted that you had insufficient insurance for your settlement in the UK given your sponsor is stated to be self-sufficient. Given this and the above there is a concern that you will become a burden on the public funds system of the United Kingdom.

On the evidence submitted in support of your application and on the balance of probability I am not satisfied you are related as claimed, or dependent on your sponsor.

I am therefore not satisfied that you are a dependent direct family member in accordance with Regulation(s) 7(1) of the Immigration (European Economic Area) Regulations 2016.

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.

the funny thing is:

1. I sent her more than 150€ a month 

2. I was going to Germany visiting her every 1-2 months and was giving her cash in hand again

3. I have NHS in the UK (only my mom has insurance in Germany)

4. I can clearly support myself with the income I have

5. And my mother too

6. If I wasn’t able to support myself I would be claiming benefits right now which I am not

7. the immigration rules/law says I refer to the Home Office Guidance on “EU Settlement Scheme: EU, other EEA and Swiss Citizens and their family member” (Version 7.0) which states: Their dependency on the relevant EEA citizen (or qualifying British citizen) or on the spouse or civil partner is assumed and the Applicant is not required to provide evidence of this.”

So technically evidence of dependency is not required, right? Please let me know if I’m wrong!

Answer 1

7. the immigration rules/law says I refer to the Home Office Guidance on “EU Settlement Scheme: EU, other EEA and Swiss Citizens and their family member” (Version 7.0) which states: Their dependency on the relevant EEA citizen (or qualifying British citizen) or on the spouse or civil partner is assumed and the Applicant is not required to provide evidence of this.”

The guidance quoted here applies to EU Settlement Scheme family permits, but the application that was refused was for an EEA family permit. The quoted guidance is therefore not relevant to that application. But it seems that it would be relevant to a fresh application for an EUSS family permit. See the relevant government page:

You’ll also have to show that you are dependent on [your EU family member who has lived in the UK since before December 31, 2020] if:

• you’re over 21 and a dependent child or grandchild of your family member
• your family member is under 18 and you’re their dependent parent or grandparent

Since your mother is not a dependent child or grandchild, the first bullet point does not apply. Since you are not under 18, the second bullet point does not apply. Therefore, your mother will not have to show evidence of her dependency.