Matter of urgency

[b1sh4l]

3 jan -2008 - Entered uk as a student .

10 may 2010 - visa expired and stayed unlawfully

March 2015 - met my girlfriend ( polish nationality)

October 2015 - we started living together. (We are are still living together)

My partner is getting a divorce and the case is still going on with the court .

1 September 2017 - Encountered by Home office
And was detained in Tinsley house Gatwick

Challenged Home office under human rights Article 8 - Right to a private and family life . Case was refused . They told me I don’t have the IN COUNTRY RIGHTS . I have to go back to my country and apply from there .

I was handed a Flight ticket .

judicial jury filed with upper tribunal.

My flight ticket was cancelled

29 September 2017 - Received bail with terms and conditions.

Every Wednesday I have to sign in with Home office .

2 weeks ago I got a ONE STOP NOTICE under section 120 . They asked me for all the evidences and proof to be submitted in 7days if not
I could be detained and be deported .
So I called my solicitor and gave him all the documents like pictures, bills messages my partners payslip tenancy agreements . And he lodged a fresh application for me to the Home office.

Yesterday when I went to report they took me to a room and interviewed me . They asked me my back home details like my parents name and date of birth . school I went . My home address . Name of the hospitals or temple I can remember from my city .

I’m scared that next time I’ll be going to report they might detain me and deport me .

Please give me some more advice

[Obie]

Why dont you put an application?

[b1sh4l]

Why dont you put an application?

What application sir ?

[Obie]

Extended family member. Your lawyer should be aware of that.

[b1sh4l]

Extended family member. Your lawyer should be aware of that.

Thank you for your advise sir . To be honest with you he hasn’t mentioned me about the extended family member.
So it’s possible to apply even if my partner divorce is still going on ?

[Obie]

possible.

[b1sh4l]

possible.

Thank you . Is there a chance that HO could detained me again anytime soon while I’m reporting?
I’m just worried about the Notice I got under section 120 . Even though I have filed a case prior to that notice.

[Obie]

If what should be done legally is not done, then they may well do. UKVI has no sympathy.

Has the Upper Tribunal decided your JR on papers.

[b1sh4l]

If what should be done legally is not done, then they may well do. UKVI has no sympathy.

Has the Upper Tribunal decided your JR on papers.

Thank you .
No I have not received anything from the upper tribunal regarding my judicial review.

honestly I’m not happy with my solicitor too . He hardly speaks to me or advice properly .he took payment of another £600 on 9th jan in order to file the application to that notice under sec 120 I received. I’m wandering why he’s never mentioned me about the extended family member.

So now, shall I just wait for the Home office to reply me or can I file a fresh application for extended family member ?

[Loutfi]

U should submit EEA EFM as soon as possible then no one can touch you

[b1sh4l]

U should submit EEA EFM as soon as possible then no one can touch you

Thank you for your advice .
I think that’s a good idea . Shame that my solicitor never mentioned me about that .

Anyway, as for proof and evidences we got emails that we’ve exchanged, that was from April 2015 and Thousands of text messages we shared with each other . Lots of pictures together and with her family member .
Regarding the bill I have BT GAS AND ELCECTRICTY on my name but it’s only 3 months old .
My parter works as an IT software engineer for Superdrug HQ . So she earns a decent money . Tenancy agreement is on her name . And she pays council tax every month .

Don’t have joint bank accounts though .
I’m just worried that my partner divorce papers are still pending and I might not have the right to marry her or apply for EEA unless she’s divorced.

[Loutfi]

When u applying for EEA EFM u don't need to get married mate trust me just go for it

[b1sh4l]

When u applying for EEA EFM u don't need to get married mate trust me just go for it

I’m going to see my solicitor next Monday so I will ask him about this procedure . And the other thing is when I was in detention Home office said that I don’t have in country rights to Appeal. So Im thinking if they could refuse my EEA application.

[Loutfi]

U can apeal after dicision 100%

[Obie]

U can apeal after dicision 100%

That is not correct. At present, EFM are not getting right of appeal.

The solicitor should up his game.

[eeaprneu2]

U can apeal after dicision 100%

That is not correct. At present, EFM are not getting right of appeal.

The solicitor should up his game.

EFM can appeal after SALA. UK law/guidance might not be updated yet but ECJ has given the decision. I think.

[b1sh4l]

U can apeal after dicision 100%

That is not correct. At present, EFM are not getting right of appeal.

The solicitor should up his game.

EFM can appeal after SALA. UK law/guidance might not be updated yet but ECJ has given the decision. I think.

Thank you for the information. Could you please advice me what I should do next and other things I should be aware of ?

[Obie]

EFM can appeal after SALA. UK law/guidance might not be updated yet but ECJ has given the decision. I think.

That is not correct. There is no appeal rights for Extended family members. Only those extended family members who received an EEA decision before the 01-02-2017 are covered by the Court of Appeal ruling.

[b1sh4l]

EFM can appeal after SALA. UK law/guidance might not be updated yet but ECJ has given the decision. I think.

That is not correct. There is no appeal rights for Extended family members. Only those extended family members who received an EEA decision before the 01-02-2017 are covered by the Court of Appeal ruling.

Thanks Obie . Please tell me what I should do next . Because my JR is still pending and I have also received One stop Notice . Is it wise to apply for EFM right now ? Please give some advice. Thanks

[Obie]

Seen as it is clear what direction your lawyer is taking in relation to your case, it is difficult to give advise.

[b1sh4l]

Seen as it is clear what direction your lawyer is taking in relation to your case, it is difficult to give advise.

Hi Obie thank you .
So in your opinion I should be applying for extended family member while my partners divorce is still pending ? Or shall I wait until the separation is over and get married with my partner ?

[b1sh4l]

So my judicial review has been refuse and I’ve just paid £1000 to my solicitor To get an oral hearing .
I’m still wandering if I can apply for an EEA application while I wait for my oral hearing date and My partner divorce case is still pending too ?

[Obie]

That is a lot of money. Oral hearing fee is significantly much less than that.

[b1sh4l]

That is a lot of money. Oral hearing fee is significantly much less than that.

Court fee is £385 and rest is his fees plus Vat

[Obie]

This solicitor is clearly leading you in the wrong path. This whole thing will only end in tears. You need to cut your losses and flee.