Immigrationboards.com

hi.
I came in the UK in 2011 as a student. and after that applied for Extended family member visa in 2015 and got refused. after that I appealed in the First Tier Tribunal. my hearing date was in February 2017 but before the hearing date comes, court adjourned my appeal in January 2017 and I am waiting for the Dismissal letter from the court.
Can anyone help please, Which visa can I apply now? as I have not got the reply from the court. I do not have degree in the UK.
What other options I (or people like me) have got to stay legally in the UK?
please advise.
Thanks

kinduzr wrote:applied for Extended family member visa in 2015

What was the basis of the EFM application? Durable partnership? Another EEA family member in the UK?

secret.simon wrote:

kinduzr wrote:applied for Extended family member visa in 2015

What was the basis of the EFM application? Durable partnership? Another EEA family member in the UK?

it was on the basis of my "Sister in Law" as dependant of her and her husband's. my solicitor advised to go for "Judicial Review". is that a good idea, or I have option to go for any other category?
please advise.
thanks

The deadline for Judicial review has elapsed.

I am not sure why your solicitor is suggesting that, as you are likely to be refused for being out of time.

Obie wrote:The deadline for Judicial review has elapsed.

I am not sure why your solicitor is suggesting that, as you are likely to be refused for being out of time.

can I apply for any other category while staying in the country.

What category can you conceive?

Generally, overstayer cannot apply from within the UK.

Why was the extended family member application refused?

Obie wrote:What category can you conceive?

Generally, overstayer cannot apply from within the UK.

Why was the extended family member application refused?

the reason for refusal was" they said, I was not dependant on EEA national in back home, and they got married when I was in the UK. they did not consider the time of relationship before marriage".
and my solicitor says, you are not over stayer, untill you receive a letter from the court and you have 14 days after to apply again or to leave the country.
I want to apply for 200K route for Entrepreneur. I have Investor ready to invest.
thanks

Your solicitor is badly misinformed.

Section 3C leave, which protects applicants while their cases are in progress, does not apply to EEA Route applications. So, if your student visa has expired, you are already an overstayer.

That reduces your options of staying in the UK. And this period will count negatively if you were to apply for British citizenship (under a different route to ILR/PR) within the next ten years anyway.

What was your status before you applied for Residence Card?

Do you currently hold this status, or the leave has expired?

I was on student visa. Which was expired in april 2016. And I applied for EFM in 2015.
There is no way for me to apply for any kind of visa?
Please advise.

Obie wrote:What was your status before you applied for Residence Card?

Do you currently hold this status, or the leave has expired?

I was on student visa. Which was expired in april 2016. And I applied for EFM in 2015.
There is no way for me to apply for any kind of visa?
Please advise.

It is tough to do a switch at this point.

I regret to say that the solicitor appeared to have misled you.

Obie wrote:It is tough to do a switch at this point.

I regret to say that the solicitor appeared to have misled you.

Re-applying for EFM will be more better? Then.
Leaving country voluntarily will also put ban for 1 year and after that very less chances to get entry clearance.
Need help and advise to put application while staying here.
Thanks

kinduzr wrote:Leaving country voluntarily will also put ban for 1 year and after that very less chances to get entry clearance.

The alternative is zero ability of applying for any Further Leave to Remain under the UK Immigration Rules within the UK.

Unless of course your family may wish to move with you to a place like Ireland, and exercise treaty rights there.

Once there, you will be a lawful residence, and you will be able to apply for a Tier 1 visa from there, or they they then wish to return with you to the UK and apply under the EEA regulation.

In those circumstances the requirement of regulation 8 will be met, as there has been a relationship between two countries.

As far as the upcoming appeal goes, i see little or no prospect.

Obie wrote:Unless of course your family may wish to move with you to a place like Ireland, and exercise treaty rights there.

Once there, you will be a lawful residence, and you will be able to apply for a Tier 1 visa from there, or they they then wish to return with you to the UK and apply under the EEA regulation.

In those circumstances the requirement of regulation 8 will be met, as there has been a relationship between two countries.

As far as the upcoming appeal goes, i see little or no prospect.

Thanks you for your guidance. They are ready to go to Ireland. But My pasport is held in home office. And what us the process to go to the Ireland and then become their dependant over there? If I go there now. Will they consider me as a illegal entrant? And what is the next process?
Thanks

/Bump

mithuncox wrote:/Bump

thnaks

kinduzr wrote:

mithuncox wrote:/Bump

thnaks

ahaha no problem i am as similar situation as you so i needed advice can i talk to you for a second?

mithuncox wrote:

kinduzr wrote:

mithuncox wrote:/Bump

thnaks

ahaha no problem i am as similar situation as you so i needed advice can i talk to you for a second?

yes sure.
going to see a solicitor.

seems like i can't send you pm, can you email me on xxxxx

Moderator edit: Personal email removed under forum Ts&Cs.

mithuncox wrote:seems like i can't send you pm, can you email me on xxxxx

Moderator edit: Personal email removed under forum Ts&Cs.

Kindly famialirise yourself with the forum T&Cs, See READ ME

CR001 wrote:

mithuncox wrote:seems like i can't send you pm, can you email me on xxxxx

Moderator edit: Personal email removed under forum Ts&Cs.

Kindly famialirise yourself with the forum T&Cs, See READ ME

if i can't pm a user how i suppose to talk to him? there is something you cant discuss in public

This is a public forum intended for open discussion. Members don't have the privilege of the PM facility until they have contributed 30 (genuine) posts.

http://www.immigrationboards.com/announ ... 24804.html

finally there is no other options for EFM applicants to stay legally in this country anymore.
we all have to accept the reality.
thanks