Dutch National’s Parents’ EEA Family Permit Application Refused on Financial Dependency Ground (Appeal Allowed)
Dutch National’s Parents’ EEA Family Permit Application Refused on Financial Dependency Ground (Appeal Allowed)
We were recently instructed by a client who is a Dutch national. She sponsored her parents’ applications for EEA family permit is to join her in the UK. Her parents are Pakistani nationals. The applications were refused by the Home Office as they did not accept that her parents were financially dependent on her to meet their essential living needs, which is one of the essential legal requirements in such cases. The decision to refuse was maintained by the Entry Clearance Manager on review.
We were instructed before the appeal hearing. We took detailed instructions and advised the client to provide extensive and historical evidence to prove that her parents were financially dependent on her to meet their essential living needs. An extensive bundle of evidence together with written submissions was submitted to the Immigration Tribunal and the Home Office. The Immigration Tribunal had directed the Home Office to review the case on receipt of the bundle in a meaningful manner and provide reasons if they still maintained the decision.
Unsurprisingly, the Home Office did not properly engage with the bundle of evidence and written submissions made and maintained the refusal decision.
The appeal hearing then took place before a panel of two immigration judges. The hearing was conducted via video link at which we represented the client and her parents. The decision was reserved and just after 3 days the Tribunal sent us the appeal decision allowing the appeal.
The excuse that the Home Office had been using all the times to refuse our client’s parents applications was that her UK bank statements were showing money going out of for UK bank account but her father’s bank statements from Pakistan did not reflect her name as sender of the money.
We submitted client’s UK bank statements to show payments sent to her father’s bank account in Pakistan. We explained that the father’s account in Pakistan does not show the name of the person who made the deposits. We explained that our client had spoken to the bank in Pakistan and they said that this is the format of their accounts and that the sender’s name is not shown for foreign money transfers.
We also explained in client’s and her parents’ witness statements the background to the case, that client’s father worked in Dubai for 30 years and supported his wife and children, that client’s mother was a housewife, that the father retired on 2001 and from then until 2009 they were able to live on his savings but in 2009 they ran out of the savings and from that time the client had taken on the main financial responsibility for her parents.
In written evidence, we set out a detailed list of the payments that the client sent to her parents with all of the relevant dates and how they corresponded to payments that had arrived in her father’s bank account. It was explained that the client would make the payment from her UK account and that does show the debit in her father’s name. Then, as it is an international transfer, it takes a couple of days or so to show up in her father’s bank account and that the sending dates and the corresponding funds and dates of credits (with reference to the exchange rates) showed that the source of incoming money in father’s account was the money sent by the client. For example, on 28 December 2017 she sent £440.01 from her UK account. The corresponding amount at that time received by her father was 61,994,73 Rupees and this was credited to his account on 8 January 2018.
The Tribunal accepted the explanations and submissions made on behalf of the client and allowed her parents’ appeals.
The client is extremely happy and thankful and expressed her feelings in her Google review as follows:
Excellent Experience & Highly RecommendAbsolutely authentic, trustworthy, reliable and awesome professionals!Very satisfied with the technical methodology and professionalism of Aden & Co. Solicitors.We won our genuine case of parents EU family visa against Home Office UK. After the second refusal from the Home Office UK we took services of Solicitor Amir and it wasn’t easy because of 2 continuous refusals before made it harder and harder for us to manage.The best paper work submitted by Solicitor Amir followed by the clever and active presentation in court nailed it right. Court released decision just in 2days after hearing when promised 2weeks.Aden and Co. knows what to do and how to do. Best people best services. Highly recommended!