# EEA Family Member Residence Card Refusal, Please Help.



## AL18 (May 14, 2013)

Hello,
I am a brazilian citizen and I moved to the UK with my parents last October to live with my big brother who is on a civil partnership with a Portuguese citizen. Both of them have good jobs so we decided to apply for a Residence Card claiming to be my brother's partner (our sponsor) dependents (which is true, they were the providers when we lived in Brazil are the providers at home as my parents are still learning english and at the time of the application I was not entitled to work here in the UK). 

We've sent the application form along with our passports, our sponsor's job contract and Portuguese ID card, a few other documents proving that we are indeed related and my brother's job contract and their civil partnership certificate and a few payslips, energy and internet bills on their names as well. 

On 9th May we received the bad news, they have sent back all of our documents and refused our applications based on the fact that we have not given enough proof that we reside on the same address of our sponsor or that we depend on him to live in the UK. If it wasn't bad enough they have also sent a Notice of immigration decision saying that we now must live the UK voluntarily otherwise we may be enforced to do so. They also say that we can appeal on the decision. 

One fact had changed since we've sent our applications, I had received a letter from the Home Office allowing me to work and after two months seeking for a job I just got one as a Care Assistant in a Nursing Home. I was going to start on Monday, May 13th but I had not signed the contract at the time my application was refused and therefore called the company stating that I had to decline the offer. Even though their HR co-ordinator assured me that once I get my paperwork done She will be happy to offer the job again, as she will keep my records on her file. 

What I want to know is:
Will we have to leave the United Kingdom? And understand that even without a residence card my parents as EEA family members have the right of residence, but can they be deported? What about me, as an extended family member (I was still 17 years old when I arrived in the UK), do I have any right of residence?
Can we apply again and succeed? 
How can we prove that we depend on my brother's partner? We don't have any documents that prove that we were dependents on them before moving but I understand that my parents as family members don't need to prove pre entry dependency, only post entry dependency, but how can we prove that if we can not open a bank account once our visa (6 months) have already expired? can we prove dependency for them using an Affidavit or Joint Prepaid Cards or Paypal?
From what I have searched, I am not eligible for a EEA2 as I cannot prove that I was dependent before moving to the UK. Can I succeed applying with a FLR (O) form claiming Private and Family Life in the UK once my family is here and I don't have any ties with Brazil? Or should I go back to Brazil and try to reapply for EEA2 after a few months?
Thank you all.


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## Jrge (Mar 22, 2011)

Hi,


AL18 said:


> Hello,
> I am a brazilian citizen and I moved to the UK with my parents last October to live with my big brother who is on a civil partnership with a Portuguese citizen. Both of them have good jobs so we decided to apply for a Residence Card claiming to be my brother's partner (our sponsor) dependents (which is true, they were the providers when we lived in Brazil are the providers at home as my parents are still learning english and at the time of the application I was not entitled to work here in the UK).
> 
> We've sent the application form along with our passports, our sponsor's job contract and Portuguese ID card, a few other documents proving that we are indeed related and my brother's job contract and their civil partnership certificate and a few payslips, energy and internet bills on their names as well.
> ...


I've spent a good ordeal of time trying to find a tiny hint of hope, but these are the only options I can come up with:

1) Gear up and marry your EU girlfriend 
2) Find an excellent Immigration Attorney


I must acknowledge that your situation is out my league. Sorry mate.

Animo
(Cheers)


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