Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.
Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix
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noajthan
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Post
by noajthan » Sat Jul 23, 2016 10:46 pm
mohd07 wrote:noajthan wrote:There is no 28 day nonsense in connection with EEA related applications as UK Immigration Regs don't apply.
EEA related appeal rights depend on whether martiage is recogniaed as valid and not a moc.
Thank you Noajthan.
Basically, As i explained that UT refused further appeal rights to me so this why i am afraid to not become illegal before I apply for EEA RC. According to your point of view, Will i get appeal right if HO refuse my EEA RC application?
Thank you very much!
Depends on reason for refusal as per UK EEA admin procedures.
From memory (on cellphone so cannot crosscheck), if refused due to moc then no if not an EEA national.
All that is gold does not glitter; Not all those who wander are lost. E&OE.
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vinny
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by vinny » Sun Jul 24, 2016 1:28 am
vinny wrote:If the caseworker believes that your marriage is
genuine, then the overstay shouldn't matter.
If they accept that your marriage is
genuine, then you are a
family member.
If your spouse is a
qualified person, then you have an
extended right of residence.
If they think that you have a marriage of convenience, then you are in serious trouble. They do not accept that you fall under the
EEA regulations, but you
may appeal
out of country. However, they have the
burden of proof.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given
links for further information. Refer to the source of any quotes.
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mohd07
- Junior Member
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- Joined: Thu Jul 14, 2016 12:55 pm
Post
by mohd07 » Sun Jul 24, 2016 8:46 am
noajthan wrote:mohd07 wrote:noajthan wrote:There is no 28 day nonsense in connection with EEA related applications as UK Immigration Regs don't apply.
EEA related appeal rights depend on whether martiage is recogniaed as valid and not a moc.
Thank you Noajthan.
Basically, As i explained that UT refused further appeal rights to me so this why i am afraid to not become illegal before I apply for EEA RC. According to your point of view, Will i get appeal right if HO refuse my EEA RC application?
Thank you very much!
Depends on reason for refusal as per UK EEA admin procedures.
From memory (on cellphone so cannot crosscheck), if refused due to moc then no if not an EEA national.
Thank you very much Noajthan
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mohd07
- Junior Member
- Posts: 61
- Joined: Thu Jul 14, 2016 12:55 pm
Post
by mohd07 » Sun Jul 24, 2016 8:52 am
Thank you very much for your valuable advise Vinny.
Is it possible that i or anybody get appeal right inside the UK in EEA application refusal?
I genuinely got married with my wife. We know and love each other by heart. I am just afraid that incase, If my lawyer make a mistake or false argument in my application. It happened with me in Tier 4 application as well this is why i just feel nervous.
Thank you again Vinny!
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Casa
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by Casa » Sun Jul 24, 2016 10:10 am
What do you mean by 'false argument'? I assume you read through the evidence your solicitor presented?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.
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noajthan
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- Location: UK
Post
by noajthan » Sun Jul 24, 2016 10:21 am
mohd07 wrote:... I am just afraid that incase, If my lawyer make a mistake or false argument in my application. It happened with me in Tier 4 application as well this is why i just feel nervous.
Thank you again Vinny!
What kind of 'lawyer' have you got?
You can get up to speed on requirements for direct family members and options for EU-related appeals here:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf
- see page 54+ wrt moc
All that is gold does not glitter; Not all those who wander are lost. E&OE.
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mohd07
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Post
by mohd07 » Sun Jul 24, 2016 4:14 pm
Casa wrote:What do you mean by 'false argument'? I assume you read through the evidence your solicitor presented?
I mean if the lawyer make any mistake in my application or raise the points not according to the law. For example, my lawyer made 3 mistake in my previous Tier4 visa extention case. He wrote i studied in Bangladesh while I'm from Pakistan. Secondly, he made the false statements about my immigration history inthe uk. So I'm afraid if incase, My or any lawyer raise the law or argument wrong in my application so it won't effect my application or appeal right after refusal.
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mohd07
- Junior Member
- Posts: 61
- Joined: Thu Jul 14, 2016 12:55 pm
Post
by mohd07 » Sun Jul 24, 2016 4:16 pm
noajthan wrote:mohd07 wrote:... I am just afraid that incase, If my lawyer make a mistake or false argument in my application. It happened with me in Tier 4 application as well this is why i just feel nervous.
Thank you again Vinny!
What kind of 'lawyer' have you got?
You can get up to speed on requirements for direct family members and options for EU-related appeals here:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf
- see page 54+ wrt moc
Ok i will check it.
Thank you very much for your valuable advise and concerns. Noajthan
