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Long Resident with EEA Family member resident
Posted: Sat Jul 08, 2017 6:01 pm
by thango
Dear All,
Recently my EEA Family permit extension has been refused, meanwhile, i am here from 2007
AM I allowed to got for LR, since I do not have appeal for the EEA permit, And regardless the LR is faster service, thinking of Premium service, any advice?
Re: Long Resident with EEA Family member resident
Posted: Sat Jul 08, 2017 6:03 pm
by marcnath
thango wrote:Dear All,
Recently my EEA Family permit extension has been refused, meanwhile, i am here from 2007
AM I allowed to got for LR, since I do not have appeal for the EEA permit, And regardless the LR is faster service, thinking of Premium service, any advice?
On what visa have you been here from 2007 ?
And when exactly do you complete 10 years ?
When did the refusal happen ?
Re: Long Resident with EEA Family member resident
Posted: Sat Jul 08, 2017 6:06 pm
by CR001
marcnath wrote:thango wrote:Dear All,
Recently my EEA Family permit extension has been refused, meanwhile, i am here from 2007
AM I allowed to got for LR, since I do not have appeal for the EEA permit, And regardless the LR is faster service, thinking of Premium service, any advice?
On what visa have you been here from 2007 ?
And when exactly do you complete 10 years ?
When did the refusal happen ?
See link below
eea-route-applications/eea-resident-per ... l#p1504380
Re: Long Resident with EEA Family member resident
Posted: Sat Jul 08, 2017 6:08 pm
by CR001
thango wrote:Dear All,
Recently my EEA Family permit extension has been refused, meanwhile, i am here from 2007
AM I allowed to got for LR, since I do not have appeal for the EEA permit, And regardless the LR is faster service, thinking of Premium service, any advice?
In order to qualify for ILR based on long residence, you are required (mandatory) to submit ALL evidence of your spouse being a qualified person exercising treaty rights in the UK. This is required for EVERY year that you were under the EEA/EU rules and holding a residence card as a EEA family member.
When did your wife leave the UK?
When did she pass away?
When did your residence card expire?
Re: Long Resident with EEA Family member resident
Posted: Sat Jul 08, 2017 7:02 pm
by thango
Dear All,
Thx for the reply.
So I came as a student June 2007.
refuse letter dated 9th may 2017 and I got registered envelope 22 June 2017(received)
I do not have much evidence for the entire period she exercising treaty rights in the UK
I have 2010-2012.
We are separated but not legally 2012
Does it still worth applying, my solicitor says try premium service too, I am confused.
It's faster and if we appeal the EEA it takes forever.
Another one says do flr-fp ?
Please advice which one I should consider?
Re: Long Resident with EEA Family member resident
Posted: Sat Jul 08, 2017 7:16 pm
by CR001
If you don't have all the evidence for each year under the EEA Residence permit, your ILR will also fail.
FLR(FP) on what basis??
Re: Long Resident with EEA Family member resident
Posted: Sat Jul 08, 2017 7:16 pm
by CR001
CR001 wrote:When did your wife leave the UK?
When did she pass away?
When did your residence card expire?
Re: Long Resident with EEA Family member resident
Posted: Sat Jul 08, 2017 7:22 pm
by thango
Thx, FLR FP on private life basis.
wife left me 2012 but I am not sure she left UK.
Does it worth trying? please advice
Re: Long Resident with EEA Family member resident
Posted: Sat Jul 08, 2017 7:26 pm
by CR001
Your rights to be in the UK will have ceased the day she left the UK.
When did she pass away??
FLR(FP) is not the easiest visa to get and has a fairly high refusal rate.
Re: Long Resident with EEA Family member resident
Posted: Sat Jul 08, 2017 7:30 pm
by thango
thx indeed for your reply.
she passed away 2012 ( i have been told by her sister)
No connection due to out interracial marriage from the beginning.
Please advice, if I have any options?
Re: Long Resident with EEA Family member resident
Posted: Sat Jul 08, 2017 7:34 pm
by CR001
You have basically had no right to reside in the UK as the spouse of an EU citizen, as she left the UK in 2012 and then passed away.
You can try FLR(FP) but no guarantee of success and these applications can take a very long time, sometimes more than a year.
Why have you not tried to sort your status out in 2012 instead of waiting till now?
Re: Long Resident with EEA Family member resident
Posted: Sat Jul 08, 2017 7:48 pm
by thango
Thx, my visa expired 2016, I did not know that I have this kind of issues.
I was simply thinking, that If I managed to get my death certificate all will be ok.
Re: Long Resident with EEA Family member resident
Posted: Sat Jul 08, 2017 8:09 pm
by Obie
thango wrote:Thx, my visa expired 2016, I did not know that I have this kind of issues.
I was simply thinking, that If I managed to get my death certificate all will be ok.
why did you not exercise your appeal rights?
Re: Long Resident with EEA Family member resident
Posted: Sat Jul 08, 2017 9:32 pm
by thango
Hi Thanks again,
But I do not have appeal rights, I have to go to court or I can apply again Fresh application.
Meanwhile, I am not sure My status, my employment is terminated, because of ECS check failed.
Can I appeal to the high court, If I do what will be my status during the hearing? AM I allowed to work?
OR fresh application better?
Please advice
Re: Long Resident with EEA Family member resident
Posted: Sat Jul 08, 2017 9:33 pm
by Obie
why don't you have appeal rights. refusal of a residence card, carries an appeal rights. Why were you not given?
Re: Long Resident with EEA Family member resident
Posted: Sat Jul 08, 2017 9:36 pm
by CR001
Obie wrote:why don't you have appeal rights. refusal of a residence card, carries an appeal rights. Why were you not given?
Is it possible that there is no appeal right due to no longer being the spouse of a qualified person since 2012??
Re: Long Resident with EEA Family member resident
Posted: Sat Jul 08, 2017 9:38 pm
by thango
I am not sure because I send my wife's expired passport, which been reported as lost ( been told in my refusal)
They did not consider any supporting evidence.
Re: Long Resident with EEA Family member resident
Posted: Sat Jul 08, 2017 9:39 pm
by Obie
CR001 wrote:Obie wrote:why don't you have appeal rights. refusal of a residence card, carries an appeal rights. Why were you not given?
Is it possible that there is no appeal right due to no longer being the spouse of a qualified person since 2012??
Not sure that will be right. Refusal of Residence card to a person claiming to have retained a right of residence is an EEA decision, and it confers a right of appeal.
Re: Long Resident with EEA Family member resident
Posted: Sat Jul 08, 2017 9:40 pm
by thango
Hi again,
Is that mean that I do not have any change in court or appeal or fresh application?
Please advice me on this.
Re: Long Resident with EEA Family member resident
Posted: Sat Jul 08, 2017 9:42 pm
by CR001
Obie wrote:CR001 wrote:Obie wrote:why don't you have appeal rights. refusal of a residence card, carries an appeal rights. Why were you not given?
Is it possible that there is no appeal right due to no longer being the spouse of a qualified person since 2012??
Not sure that will be right. Refusal of Residence card to a person claiming to have retained a right of residence is an EEA decision, and it confers a right of appeal.
He didn't apply for retained rights as wasn't divorced. Spouse left the UK in 2012 and passed away in 2012. OP doesn't have a death cert either.
Re: Long Resident with EEA Family member resident
Posted: Sat Jul 08, 2017 9:42 pm
by thango
Obie wrote:CR001 wrote:Obie wrote:why don't you have appeal rights. refusal of a residence card, carries an appeal rights. Why were you not given?
Is it possible that there is no appeal right due to no longer being the spouse of a qualified person since 2012??
Not sure that will be right. Refusal of Residence card to a person claiming to have retained a right of residence is an EEA decision, and it confers a right of appeal.
So I should be able to go to high court?
Re: Long Resident with EEA Family member resident
Posted: Sat Jul 08, 2017 9:43 pm
by Obie
I am puzzled, as the first thing i need to know is why did they not give you an appeal right. Did you not provide your passport?
Re: Long Resident with EEA Family member resident
Posted: Sat Jul 08, 2017 9:44 pm
by Casa
As the only report of your wife's passing has come from your sister-in-law and you are estranged from the family, it may be wise at least for your own peace of mind to obtain documented evidence of this as confirmation.
Re: Long Resident with EEA Family member resident
Posted: Sat Jul 08, 2017 9:46 pm
by thango
Casa wrote:As the only report of your wife's passing has come from your sister-in-law and you are estranged from the family, it may be wise at least for your own peace of mind to obtain documented evidence of this as confirmation.
Yes I did provide my passport. Trust me I did try my level best through the embassy and even spent money on Private detective since I lost the contact with sis-in-law
Re: Long Resident with EEA Family member resident
Posted: Sat Jul 08, 2017 9:49 pm
by Obie
Most european states has a means of obtaining record. It can be obtained if indeed she died.