Immigrationboards.com

Dear all,
I (non eu national) was outside the uk for 6 weeks and my eea card was revoked on the way back at manchester airport. My wife(eea national) came on 2nd day at airport and had an interview from both of us. apparently they were not satisfies and send me to detention center. and now they released me on bail(sureties) and on IS.96(Tag&Track) temporary admission to my home. My hearing date is changed now from july to september. The conditions of my bail are, 1- live and sleep at x address,2- no engagement in work or business, 3- put tag on me( electronic monitoring) from 8am to 8pm i have to be in my house. every week i have to go to report immigration as well. Please anyone can help me here??????? how can i request for work permission because there are 3 months from now to my appeal hearing? how can i request to remove tag of me? Please help me here>>>>>>>>>>

Why weren't they satisfied?

they put allegation that marriage is convince only and eea person is not a qualified person. whether my wife is self employed and tax payer.

Is your wife working, employed or self-employed? I assume they weren't convinced of a genuine relationship by the answers you and your wife gave during the interview at the airport? What was your immigration status before you applied for your residence permit?
You say "My hearing date is changed now from july to september." Did you already have a hearing date pending when you were held at Manchester airport?

As well as running the appeal, I would suggest making a fresh application for an EEA residence card, with the fresh application providing current evidence of your wife's employment/self-employment and even more proof of the genuineness of the marriage.

Manchester Airport Immigration have in the past been very happy to detain first and listen to reason only when forced to do so. I would suggest seeking legal advice, there may be a possibility that the detention was unlawful, in which case compensation should be sought.

Casa wrote:Is your wife working, employed or self-employed? I assume they weren't convinced of a genuine relationship by the answers you and your wife gave during the interview at the airport? What was your immigration status before you applied for your residence permit?
You say "My hearing date is changed now from july to september." Did you already have a hearing date pending when you were held at Manchester airport?

Yes my wife is self employed and paying tax plus nic. they asked 65 questins from me and my wife.there were only four questions where answers were slight different. that was only because my wife can not speak english very well. I came to uk on eea family permit and then applied for eea residence card. my eea residence card will complete 5 years in 2017. i was in spain before uk. and I still have spanish residence card on my wife's belhalf. I was in detention center in scotland and my first hearing was in glassgow. but now my rep requested for manchester.

el patron wrote:As well as running the appeal, I would suggest making a fresh application for an EEA residence card, with the fresh application providing current evidence of your wife's employment/self-employment and even more proof of the genuineness of the marriage.

Manchester Airport Immigration have in the past been very happy to detain first and listen to reason only when forced to do so. I would suggest seeking legal advice, there may be a possibility that the detention was unlawful, in which case compensation should be sought.

Thanks for responding, I think that fresh application will take long time plus i have to complete again 5 years to get permanent residence card. My wife is self employed. It has been 7 years together. first i want to get rid of these conditions on me. not to work and tag? please can advise me on this?

That is very shocking and poor.

I will love to see the reason for revocation.

I believe an application should be made to the high court for damages and breaches of your right .

Totally unjustified.

irfan533 wrote:

el patron wrote:As well as running the appeal, I would suggest making a fresh application for an EEA residence card, with the fresh application providing current evidence of your wife's employment/self-employment and even more proof of the genuineness of the marriage.

Manchester Airport Immigration have in the past been very happy to detain first and listen to reason only when forced to do so. I would suggest seeking legal advice, there may be a possibility that the detention was unlawful, in which case compensation should be sought.

Thanks for responding, I think that fresh application will take long time plus i have to complete again 5 years to get permanent residence card. My wife is self employed. It has been 7 years together. first i want to get rid of these conditions on me. not to work and tag? please can advise me on this?

Your will get an acknowledgment of application within a few weeks and should also get a Certificate of Application not long after, I don't see why the Certificate of Application would not confirm that you are free to take work while the application is being processed. If you can show that your wife has been working for the past 5 years you could apply now for the EEA permanent residence card, making either of these applications will greatly strengthen your position. You really do need to seek clear legal advice regarding your position and how to give effect to EC treaty rights in your particular circumstances. If you have been given a One Stop Notice, on that form raise the issue regarding you being free to apply for fresh evidence in the form of a new EEA residence card and that you have/will be making that application.

irfan533 wrote:

el patron wrote:As well as running the appeal, I would suggest making a fresh application for an EEA residence card, with the fresh application providing current evidence of your wife's employment/self-employment and even more proof of the genuineness of the marriage.

Manchester Airport Immigration have in the past been very happy to detain first and listen to reason only when forced to do so. I would suggest seeking legal advice, there may be a possibility that the detention was unlawful, in which case compensation should be sought.

Thanks for responding, I think that fresh application will take long time plus i have to complete again 5 years to get permanent residence card. My wife is self employed. It has been 7 years together. first i want to get rid of these conditions on me. not to work and tag? please can advise me on this?

This is absolutely outrageous by Immigration officers , tag on someone who is been living together for 7 years together and 65 questions been asked. This shows the intent of THIS GOVERNAMENT on EEA nationals and their NON EU family members.
And what about your wife , what charges they have imposed on her if there is any?

Woow! Even you have Spanish residence permit and still border officer exercised such nasty mistreatment. I am not immigration expert but I don't think making fresh application and standing in queue is suitable because its not your mistake rather you should lodge an application to either restore that UK eea2 RC or stamp again the same RC on same day in same hour. Such border officer should be reported to higher authorities, ask to train him and if possible at least make him member of that forum.

Were you aware of a problem with your residence before leaving the UK for 6 weeks?

Khan1980 wrote:

irfan533 wrote:

el patron wrote:As well as running the appeal, I would suggest making a fresh application for an EEA residence card, with the fresh application providing current evidence of your wife's employment/self-employment and even more proof of the genuineness of the marriage.

Manchester Airport Immigration have in the past been very happy to detain first and listen to reason only when forced to do so. I would suggest seeking legal advice, there may be a possibility that the detention was unlawful, in which case compensation should be sought.

Thanks for responding, I think that fresh application will take long time plus i have to complete again 5 years to get permanent residence card. My wife is self employed. It has been 7 years together. first i want to get rid of these conditions on me. not to work and tag? please can advise me on this?

This is absolutely outrageous by Immigration officers , tag on someone who is been living together for 7 years together and 65 questions been asked. This shows the intent of THIS GOVERNAMENT on EEA nationals and their NON EU family members.
And what about your wife , what charges they have imposed on her if there is any?

Thanks. They didn't put any charges on my wife except she is not qualified person

Obie wrote:That is very shocking and poor.

I will love to see the reason for revocation.

I believe an application should be made to the high court for damages and breaches of your right .

Totally unjustified.

Thanks but what can i take immidiate action?

Without stepping on Obie's toes!

1. I have already suggested either applying for another 5 year EEA residence card or apply now for permanent residence card.
2. Take legal advice immediately, as far as I'm aware legal aid is still available for unlawful detention claims in England and Wales so seek a solicitor accredited for legal aid work.

You do need legal representation undoubtedly, what area do you reside in?

No. Applying again and join long queue with the threat of I..migration staff raid the property or call for interview all the way to Liverpool is not suitable option. If the relationship is true, solid and continue then a formal complaint for the restore of revoked RC or endorsement of same duplicate RC at the next page of passport must be asked.

el patron wrote:Without stepping on Obie's toes!

1. I have already suggested either applying for another 5 year EEA residence card or apply now for permanent residence card.
2. Take legal advice immediately, as far as I'm aware legal aid is still available for unlawful detention claims in England and Wales so seek a solicitor accredited for legal aid work.

You do need legal representation undoubtedly, what area do you reside in?

El Patron with all due respect to you, applying for a new residence card will possible not remedy this situation, to the contrary, it will add insult to injury, in my humble opinion.

The OP has a valid residence Card, he was detained at port, and his card revoked, on the basis that his marriage is one of convenience and his wife is not a qualified person.

In the above circumstance, i am unable to see what a new application will achieve.

If he had failed to provide sufficient evidence, or the wife was not exercising treaty right, then perhaps a new application would have been a good idea.

In law, he who asserts has to prove. If the UKVI says his marriage is one of convenience and is wife is not a qualified person, such that his residence card merits a revocation, then they have to prove it.

Making a new application will be very cumbersome, and can achieve little or nothing.

Obie wrote:

el patron wrote:Without stepping on Obie's toes!

1. I have already suggested either applying for another 5 year EEA residence card or apply now for permanent residence card.
2. Take legal advice immediately, as far as I'm aware legal aid is still available for unlawful detention claims in England and Wales so seek a solicitor accredited for legal aid work.

You do need legal representation undoubtedly, what area do you reside in?

El Patron with all due respect to you, applying for a new residence card will possible not remedy this situation, to the contrary, it will add insult to injury, in my humble opinion.

The OP has a valid residence Card, he was detained at port, and his card revoked, on the basis that his marriage is one of convenience and his wife is not a qualified person.

In the above circumstance, i am unable to see what a new application will achieve.

If he had failed to provide sufficient evidence, or the wife was not exercising treaty right, then perhaps a new application would have been a good idea.

In law, he who asserts has to prove. If the UKVI says his marriage is one of convenience and is wife is not a qualified person, such that his residence card merits a revocation, then they have to prove it.

Making a new application will be very cumbersome, and can achieve little or nothing.

Yes I understand your position Obie, however if he is seeking evidence of the right to work the COA will provide that, also any fresh application is for evidence of a right, not seeking permission. Each EEA application stands to be treated on its own right and on its merits. Surely you agree the guy needs to get to a solicitor and seek legal aid urgently ?

P.S. I'm starting to see a post election change of tactics I believe

El patron, i agree with you that OP may need to seek legal advise.

It is clearly beyond my remit to advice anyone on this forum not to seek legal advise.

The department has acted unlawfully, and he may indeed need to seek legal advice on the case he will wish to make against.

The steps they took in this case is clearly draconian, drastic even.

Obie wrote:El patron, i agree with you that OP may need to seek legal advise.

It is clearly beyond my remit to advice anyone on this forum not to seek legal advise.

The department has acted unlawfully, and he may indeed need to seek legal advice on the case he will wish to make against.

The steps they took in this case is clearly draconian.

Indeed, very much so, be prepared for more of the same tactics I suggest.

I believe your relationship is genuine because you been married for 7years and my best advice for you to look for good lawyer because that is unlawfully act and against EU law,moreso, that you got Spanish resident card before and your relationship is more than 5 yrs..... if i am in your shoes,i will fight it to the end.However, your wife should be in the position to fight for this matter even she does not speak good English but she got same right like them.....I will advice you to talk to your wife and disturb them before your hearing date

Perhaps I am confusing the issues but doe sthe UK Boarder Agency operation manual not prohibit revoktion at ports for EEA cards for any other reason that public policy, security and health?

Regulation 20 gives power to revoke family permits on grounds of public policy, security and health
OR
if the person is no longer the family member of an EEA national
OR
the family member is refused admission because he is not accompanying or joining an EEA national who has a right to reside under the EEA Regulations.
Such persons are entitled to an in country right of appeal, ports should not cancel the permit until all appeal rights are exhausted or the passenger signs a disclaimer.

A residence card can be revoked if the holder of the card is no longer the family member of a qualified person
or
an EEA national with a right of permanent residence and has not retained the right of residence or acquired permanent residence.
If the family member is refused on the grounds of public policy, health or security the residence card cannot be revoked by an Border Force officer unless the family member is in addition no longer the family member of a qualified person or an EEA national with a right of permanent residence and has not retained the right of residence or acquired permanent residence.
Such persons are entitled to an in country right of appeal. Ports should not physically cancel the card until all the appeal rights have been exhausted or the passenger signs a disclaimer.

Regards,
Eldanes

eldane wrote:Perhaps I am confusing the issues but doe sthe UK Boarder Agency operation manual not prohibit revoktion at ports for EEA cards for any other reason that public policy, security and health?

Regulation 20 gives power to revoke family permits on grounds of public policy, security and health
OR
if the person is no longer the family member of an EEA national
OR
the family member is refused admission because he is not accompanying or joining an EEA national who has a right to reside under the EEA Regulations.
Such persons are entitled to an in country right of appeal, ports should not cancel the permit until all appeal rights are exhausted or the passenger signs a disclaimer.

A residence card can be revoked if the holder of the card is no longer the family member of a qualified person
or
an EEA national with a right of permanent residence and has not retained the right of residence or acquired permanent residence.
If the family member is refused on the grounds of public policy, health or security the residence card cannot be revoked by an Border Force officer unless the family member is in addition no longer the family member of a qualified person or an EEA national with a right of permanent residence and has not retained the right of residence or acquired permanent residence.
Such persons are entitled to an in country right of appeal. Ports should not physically cancel the card until all the appeal rights have been exhausted or the passenger signs a disclaimer.

Regards,
Eldanes

That used to be the position yes, however the EEA regulations have had several recent amendments which allow the Border Force to treat EEA nationals and their family members substantially in the same way as non EU nationals who require leave to enter. That is one of the reasons I recommended making a fresh application for a residence card at port to restart the EC treaty rights consideration afresh

Thanks All of you guys. But how can i get legal aid? I have already lawyer. I do not know what else i can do?

irfan533 wrote:Thanks All of you guys. But how can i get legal aid? I have already lawyer. I do not know what else i can do?

Hi bro,

My EEA4 is refused and i m on appeal, self employed eea national are not acceptable any more, so first thing you must do, to ask your eea wife to start work and at least earn minimum for 2015 - 2016 (6,50*24 = 156 / week) until October, in octuber min pay will be 6.70, it will be later 6.70*24 = 160.80/week, this is the formula they using for genuine and effective work , please get rid of self employment and start even cleaning work earn minimum 156/week, to maintain a solid right to reside status , all other thing can be proved if your relationship is genuine later.

Good luck