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✎ EN ERROR IN DETERMINATION OF APPEAL..EEA family permit

Discussion in 'Immigration UK' started by dlamini, Nov 13, 2007.

  1. dlamini

    dlamini Member

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    Hey Everyone,

    I wonder if anyone can help...my partner is EU member and i,a non EU .We got married after i had overstayed and applied for EEA family permit...it was refused...we appealed(hearing,etc)...and the appeal was declined...our representative reckoned we had a good case and therefore applied for the court to reconsider the determination...this was refused...i managed to come back to the UK on a tourist visa and my partner and i are living together as man and wife-like we were before we got married.We obviously want to regulise my leave to remain so that i can be able to work,etc!Obviously the court has made an error in judgement as the initial reason for refusal was that our marriage is of convenience...sadly this is not the case and it would have been easier if it were but unfortunately we ARE mad about each other and are genuinely husband and wife!

    We are prepared to take this to the highest court if need be but not sure how to go about it...does anyone have any advice on this????????
     
  2. thsths

    thsths Addicted member

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    First of all I am slightly surprised that they let you in. I would assume that your case is in the computer, and that they would not issue a tourist visa so easily. But that hurdle is taken, and I think you can relax now.

    You should do two things now: first create lots of evidence of living together. Open a shared bank account (and have the money go into it), shared phone bill, and you should both apply to get onto the electoral register. You will obviously be refused, but that gives you another official letter.

    And then you should apply for a residence card using the EEA2 form. I cannot tell you what your chance of success is in the first round, but it is at least possible. And they cannot ask you to leave until an appeal has failed, so you are pretty safe. But you should try not to travel abroad until you have the residence card.
     
  3. dlamini

    dlamini Member

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    much appreciated..that's solid advice........Ta
     
  4. dlamini

    dlamini Member

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    residence card for non-EEA member spouse to EEA member !

    would anyone be able to tell how long it generally takes for an application of a residence card and what kind of suppotive evidence -apart from the proof that we live together- should be provided .Will the residence card(should it be granted ) allow me (a non-EEA member spouse of EEA ) to travel with or without spouse !And lastly , could someone advice us on a good immigration lawyer if known who could assist with this kind of applications !

    Many thanks
     
  5. brownbonno

    brownbonno Active Member

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    Re: residence card for non-EEA member spouse to EEA member !

    Firstly,let concentrate on the EEA application.Download the form from the BIA website and complete it.Beside proof of cohabitation,the EEA national must show proof of exercising the treaty rights(working,student or self sufficient) in the UK.
     
  6. dlamini

    dlamini Member

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    wow ,thats news...thanks !
     
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