Extended family member in the UK before the sponsor

[daabright]

Hello all, please I want to find out any possible information i may required to proof my case.
I came to UK 2009 on tier4 student Visa for an engineering degree and proceed to post study Visa in 2011, and I was sponsorsed on tier 2 work visa in 2013, from august 2013 to Dec. 2016, the Employer terminated my employement in January 2015 the Home office curtailed my Visa to June 2015.

Then my Irish brother of the same parent who sponsored all my academic right from Nigeria and when I arrived in UK we have many proof of money transfer dated from 2007 up to 2016, he is now studying on part time here in UK, he started his study in 2011. I have applied for residence card twice both was refused based on insuffisient evidence, First refused comment was we did not included my sponsored passport, we submitted his certicate of citizinship and my birth certificatenot was not recoginised

second application, I was given a COA with right to work
Second refusal, HO did not accepted my birth certficate because the name of our parent in my Birth cert. is different to what i wrote in tier4 application, also both of also didnot have CSI,not accepted him as a student, HO also qoute section 8 (2)b that either we came together or I joined him. and in this case I came before him to study here in UK
Now about to resubmit again, fresh school enrolment letter, CSI also in place, DNA test result estarblished sibilinship. more statement oof acount before and after I came to UK the issue now is section 8 (2)b of the regulation. please any with idea around this with me here is wife and a 7 year old gilrl both joined me on Post study Visa and tier 2 and 3 month old baby

Thanks for all the wonderful Job

[Obie]

I law, it does not matter who came in to the UK before the other. That is irrelevant.

[secret.simon]

As Obie has mentioned, it does not matter who comes first to the UK, because when your Irish brother arrives in the UK, you will be joining him.

But there are a few things to bear in mind.

As you mentioned, you (and your family) are applying as EFMs of an Irish citizen. EFMs only get the right to stay in the UK when they are issued an RC. They do not have an automatic right to stay in the UK. Also, Section 3C leave (that gives you leave to stay in the UK while your application is being decided by the Home Office) does not apply to any EEA applications.

So, effectively, you and your family have been overstayers since June 2015 (when your visa was curtailed) and will remain so till the time you get an RC. This period of overstay may have an impact on any future applications you will have to make under UK Immigration Rules (such as after Brexit) and will almost certainly mean a 10 year ban for any citizenship application.

I was given a COA with right to work

I am surprised that you have been given a COA with right to work, as EFMs are generally not given such a COA.

[daabright]

Thanks very much for this wonderful enlightenment on this my Case my prayer is HO issued the RC Now and when the time of citizenship come we will find a way out.