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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7620
Experience:  UK Lawyer holding practising certficate for England & Wales.
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my mum has been refused a residence card right of residence

Resolved Question:

my mum has been refused a residence card right of residence as the dependent family member of an EEA national because we were unable to provide evidence to show she is living with us or financial dependent in us. the applicaton failed to meet regulation 7 (1) (c) of the immigratiin EEA regulation 2006.
we do not know what type of documents to provide to prove this when we appeal. Can you help?
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi
Thanks for your question.
Can you explain a little bit more about your relationship with your mother? Is she financially dependent on you?
Do you take physical care of her? Can she carry out daily tasks to take care of herself?
Kind regards.
Tom
Customer: replied 3 years ago.

Hi Tom

My mum is 77 years old and she is totally financial dependent on us, she has no work and the only external income she receives is from a UK state pension of £95 a year. We do take physical care of her and she can not take care of herself.

Expert:  Thomas replied 3 years ago.
Hi
What nationality is your mum please?
How is it that your mum is receiving a state pension?
I am now out but i should be able to answer your question about an hour..
Kind regards
Tom
Customer: replied 3 years ago.

My mum is Nigerian, I am British and My wife is Spanish. My mum worked in UK for several years in the 1960s and had made contributions towards a pension while she was working in the UK.

Expert:  Thomas replied 3 years ago.
Hi
Thanks. I should be able to answer in about 20 minutes.
Kind regards
Tom
Expert:  Thomas replied 3 years ago.
Hi
Thanks for your patience.
In order for her to qualify you have to show that they are dependent on you. This means that you have to show that they are financially reliant on you in order to survive and also that she cannot carry out day to day tasks in order to comfortably live. It seems that this is the reason that the application has been rejected.
I would start by collecting what documentary evidence you have of your financial contribution to have and also evidence of any pre existing medical conditions which dictates that she cannot carry out the normal tasks that people do in order to live comfortably. I assume that you did not submit full information about this with the initial application.
If this is the case then it will be more sensible to simply submit a fresh application rather than appealing the one that you have already submitted, this is because you can only rely on evidence that was in existence at the time you made the original application if you were to appeal. On this basis it will probably be quicker and easier to apply again.
It's quite a complicated application and so you should really consider instructing a solicitor to give you advice locally on the documents that you managed to collect together and get them to tell you about any areas of weakness which you may choose to improve before you submitt your application.
Kind regards.
Tom
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