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EEA2 URGENT ADVICE NEEDED PLEASE

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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first2013
Junior Member
Posts: 70
Joined: Sat Jun 22, 2013 3:42 pm
United Kingdom

EEA2 URGENT ADVICE NEEDED PLEASE

Post by first2013 » Fri Jun 28, 2013 1:39 am

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Last edited by first2013 on Fri Jul 19, 2013 11:06 pm, edited 1 time in total.

Obie
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Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Fri Jun 28, 2013 3:01 am

Reapplying in the circumstances of your case, will not work, as they are likely to refuse, giving the circumstances. An appeal will be most appropriate.
Smooth seas do not make skilful sailors

first2013
Junior Member
Posts: 70
Joined: Sat Jun 22, 2013 3:42 pm
United Kingdom

Post by first2013 » Fri Jun 28, 2013 7:38 am

Thank you very much obie for the reply,so I wil go for appeal now but what are my chances to succeed the appeal pls if any one can still advice me on this and thank u all

Imshzd
Senior Member
Posts: 612
Joined: Sat Mar 23, 2013 2:34 pm
Location: London

Post by Imshzd » Fri Jun 28, 2013 11:23 am

Problem is your December 11 admission that you don't know where is your EEA national wife.

And you also submitted the proves of that time.So your case is not in your favour as you explained the circumstances.

Why you was arrested by the police?did your ex was the complainer?

first2013
Junior Member
Posts: 70
Joined: Sat Jun 22, 2013 3:42 pm
United Kingdom

Post by first2013 » Fri Jun 28, 2013 1:51 pm

No it was not my ex, I was arrest because they were looking for my friend and I was one of the last people my friend speak to on phone so that is why they come to my house true my contrac phone number but I was not charge because they now find out I did't know anything about what my friend did

Imshzd
Senior Member
Posts: 612
Joined: Sat Mar 23, 2013 2:34 pm
Location: London

Post by Imshzd » Fri Jun 28, 2013 2:52 pm

You need a good immigration solicitor,appeal is the best option.

Obie
Moderator
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Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Fri Jun 28, 2013 8:04 pm

The UKBA might be wrong in law.

Under EU law, you are not required to be living together under the same roof. And secondly, if they dispute any evidence the burden lies on them to prove it was not genuine.

In regards to Regulation 10(6), that is a controversial provision, as the directive does not strictly speaking require you to show you are self sufficient or exercising economic activity at the time of retention of residence. Such requirement may be necessary when you get to the Permanent Residence stage.

But credibility is the tool the want to use against you, and to justify that your marriage was not genuine, this is where the complexity come in.

But as a matter of law, the refusal is clearly unjustified.
Smooth seas do not make skilful sailors

first2013
Junior Member
Posts: 70
Joined: Sat Jun 22, 2013 3:42 pm
United Kingdom

Post by first2013 » Fri Jun 28, 2013 10:02 pm

thanks to u all, my solicitor will lounge the appeal on monday, any more advice are very welcom

too old
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Pakistan

Post by too old » Sun Jun 30, 2013 3:46 am

when you apply for ROR One needs to prove that eea national was working or exercising her treaty rights at the time of divorce . after reading up on ur explaination i am wondering how did you prove to them that she was exercising treaty rights. AS YOU STATED you did not know of her where abouts and the relationship was on the rocks.

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