EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

EEA2APPLICANT · Post by **EEA2APPLICANT** » Wed Dec 18, 2013 4:14 pm

Thanks a lot oladpounds waiting for RC for more than a year. Want to go back home to see my family

OlaDPounds wrote:
EEA2APPLICANT wrote:can i appeal to the upper tribunal if it is not an error of the law?
Yes you can but you need to give a good reason why you believe you still have a case to be considered by the upper tribunal if not it might not be permitted but you are sounding like someone not positive about your appeal and that is sign of weakness which you need to avoid and stay positive and focus.

anj03 · Post by **anj03** » Wed Dec 18, 2013 7:40 pm

hi ola pounds u hear anything from HO or not yet broo ?

OlaDPounds · Post by **OlaDPounds** » Wed Dec 18, 2013 9:58 pm

anj03 wrote:hi ola pounds u hear anything from HO or not yet broo ?

Yes I just did this afternoon see my next post. Thanks for asking anyway.

OlaDPounds · Post by **OlaDPounds** » Wed Dec 18, 2013 10:14 pm

Hi everyone just to update you about my RC. I received my RC today from the HO.

See Timeline below....

EEA2 Application 27 July 2012
Received by HO 28 July 2012
COA with right to work 10 October 2012
EEA2 Application refused with right of appeal 18 December 2012
Appeal Paper hearing 03 January 2013
Was Expecting Determination but 10 April 2013 received a change from paper to Oral hearing by the first tier judge with no additional cost. The hearing was scheduled for 21 July 2013 and received letter for adjourned hearing just few days to the hearing date and was adjourned to 21 October 2013. Re-apply July 26 2013, Rejected 16 August 2013, re-apply 09 September 2013, Case heard 21 October 2013, second EEA2 Application withdrawn 22 October 2013 day after hearing and received determination 30 October 2013 dated 24th October 2013. Appeal allowed with cost reward. Refund received 12 December 2013, RC received 18 December 2013 Dated 12 December 2013.

What a relief after 17 months of waiting, struggle and challenges.

All Glory Be To God and good luck to everyone still waiting.

leeon2011 · Post by **leeon2011** » Thu Dec 19, 2013 10:19 am

Hello house member plz any one can help me plz

my hearing finish on 28th November is Ben nearly 3 week n my wife call today in court n They told my wife

it's on reserve

What's that means ???

anj03 · Post by **anj03** » Thu Dec 19, 2013 10:50 am

HI OLA POUNDS CONGRATULATION FOR YOUR RC,REALY U DID VERY HARD WORK TO GET THIS HOPE NOW YOUR LIFE COME IN VERY GOOD WAY BEST OF LUCK FOR FUTURE BUT PLEASE DONT STOP TO GIVE ADVICE TO NEW PEOPLES LIKE ME ON THIS BOARD MAY BE WE CAN GET SOME MORE INFORMATION REGARDING OURS APPEAL OR APPLICATION AND THANKS FOR ADVICE ME VERY VERY MUTCH BEST OF LUCKY MY FRIEND .

OlaDPounds · Post by **OlaDPounds** » Thu Dec 19, 2013 1:23 pm

leeon2011 wrote:Hello house member plz any one can help me plz

my hearing finish on 28th November is Ben nearly 3 week n my wife call today in court n They told my wife

it's on reserve

What's that means ???

Hi can you tell your wife to call them back and ask them to explain what they mean by the word cos I think that can have different meaning and to my own definition maybe the judge haven't make a decision yet or still considering what judgement to give and that can happen when a case is either not straight forward. So calling them and asking them to explain the term to you will be best just thought and I hope the more experienced member can add to this.

OlaDPounds · Post by **OlaDPounds** » Thu Dec 19, 2013 1:25 pm

anj03 wrote:HI OLA POUNDS CONGRATULATION FOR YOUR RC,REALY U DID VERY HARD WORK TO GET THIS HOPE NOW YOUR LIFE COME IN VERY GOOD WAY BEST OF LUCK FOR FUTURE BUT PLEASE DONT STOP TO GIVE ADVICE TO NEW PEOPLES LIKE ME ON THIS BOARD MAY BE WE CAN GET SOME MORE INFORMATION REGARDING OURS APPEAL OR APPLICATION AND THANKS FOR ADVICE ME VERY VERY MUTCH BEST OF LUCKY MY FRIEND .

Hi Anj thank you and I believe I will still be around here because I keep learning from here everyday likewise do I share my opinion and ideas. Do have a wonderful Christmas mate. Cheers

anj03 · Post by **anj03** » Thu Dec 19, 2013 2:48 pm

HI OLA POUNDS thanks for reply I read your post when they refuse u u applied two time again eea2 first july 26 2013 and second 9 sep 2013 and I need your advise bcoz u know my case I applies as a unmarried partner and refusal they not mention about my relationship means I think they r happy with two years avidance what I give them if I re apply again with new avidance can I get right or work or not can u tell me please,means we r leaving together more then two years we have one daughter she is working now from 6th of December 2013 and before she is student and still she is student so can you tell me how I apply and what I mention so I get right to work while my appeal in court and I make new application my friend please.

leeon2011 · Post by **leeon2011** » Thu Dec 19, 2013 6:11 pm

hello members in the house plz I need advice
I just get now another mail from tribunal
What they exactly trying to say plz plz help me out

Thank you for your e-mail.

A sponsor (authorised or not) is not considered a party to an appeal and the Tribunal is therefore unable to provide you with the outcome of this appeal

OlaDPounds · Post by **OlaDPounds** » Thu Dec 19, 2013 8:46 pm

leeon2011 wrote: hello members in the house plz I need advice
I just get now another mail from tribunal
What they exactly trying to say plz plz help me out

Thank you for your e-mail.

A sponsor (authorised or not) is not considered a party to an appeal and the Tribunal is therefore unable to provide you with the outcome of this appeal

That means you are the only one allowed to ask for the outcome of the appeal as you are the appellant and the court can not disclose such information with your wife who happen to be your sponsor. You ring them tomorrow and speak to them by yourself. Good luck.

Kev19999 · Post by **Kev19999** » Fri Dec 20, 2013 12:11 pm

Thank you to everyone for sharing.
Here goes:

Applied on 18/09/2012

COA: Received after 6 weeks.....

After 5 months, I chased them up......
Got a letter end of Jan inviting us for an interview in Liverpool in 2 weeks.
Went there and after 3-4 weeks our application was refused.....
They said it was a marriage of convinience. 85% of our answers were correct....we provided pictures, bills etc

Appealed in early April......Went to first tier tribunal in september and won our case.

After 12 weeks emailed HO as we havnt received the RC.......

Finally after 15 weeks we got it.

Total processing time 15 months! A living nightmare.......

Thank you everyone for the support and encouragement on this board.
Merry Christmas and Happy New Year.
Trust in God. If you are in a genuine relationship, he will make a way.

OlaDPounds · Post by **OlaDPounds** » Fri Dec 20, 2013 12:21 pm

anj03 wrote:HI OLA POUNDS thanks for reply I read your post when they refuse u u applied two time again eea2 first july 26 2013 and second 9 sep 2013 and I need your advise bcoz u know my case I applies as a unmarried partner and refusal they not mention about my relationship means I think they r happy with two years avidance what I give them if I re apply again with new avidance can I get right or work or not can u tell me please,means we r leaving together more then two years we have one daughter she is working now from 6th of December 2013 and before she is student and still she is student so can you tell me how I apply and what I mention so I get right to work while my appeal in court and I make new application my friend please.

Anj you can keep your case simple by re-applying as I believe in your refusal letter the HO gave you right if appeal and will at the same time advise you can re-apply. Now you have knew evidence that your wife is exercising treaty right by working so that is the only evidence you need to provide to the HO if you want to re-apply and also you need her contract letter, employers letter and wage slips to show she's working and the HO must be able to contact to verify her employment with the employer. So other evidences like bills, pictures etc should be provided as well with a cover letter advising the HO tHat your passport is in their possession. Also use the latest version of EEA2 application when you want to re-apply.

anj03 · Post by **anj03** » Fri Dec 20, 2013 6:25 pm

Thanks for reply ola pounds but im confuse they accept only three week payslip or I have to wait more for some more payslips and can u tell me how I explain them so they give me right for work in my new application bcoz I have my latest refusal letter and in this letter they not write anything means they accept my two year relationship or again I have to prove them all the documents bcoz in there website they say------ (If you are the unmarried partner or an 'extended family member' (such as a brother or sister) of an EEA national, you do not have an automatic right or entitlement to live in the UK with them. Until we have fully considered your application and determined that you qualify under the European regulations, we cannot confirm your right to work in the UK.)---so can u tell me please how I write them in my new application about my relationship so I can get right to work while they decide my new application,hope u understend my situation ola pounds.

samixade · Post by **samixade** » Fri Dec 20, 2013 7:50 pm

@Olapounds

How did you receive your refund as i am yet to receive min, did you email anybody???

OlaDPounds · Post by **OlaDPounds** » Sat Dec 21, 2013 11:35 am

samixade wrote:@Olapounds

How did you receive your refund as i am yet to receive min, did you email anybody???

I chased it up by phoning the helpline and the lady at the end of the phone took my contact number and promised to ring me back after speaking to the case worker which she did.

OlaDPounds · Post by **OlaDPounds** » Sat Dec 21, 2013 11:38 am

anj03 wrote:Thanks for reply ola pounds but im confuse they accept only three week payslip or I have to wait more for some more payslips and can u tell me how I explain them so they give me right for work in my new application bcoz I have my latest refusal letter and in this letter they not write anything means they accept my two year relationship or again I have to prove them all the documents bcoz in there website they say------ (If you are the unmarried partner or an 'extended family member' (such as a brother or sister) of an EEA national, you do not have an automatic right or entitlement to live in the UK with them. Until we have fully considered your application and determined that you qualify under the European regulations, we cannot confirm your right to work in the UK.)---so can u tell me please how I write them in my new application about my relationship so I can get right to work while they decide my new application,hope u understend my situation ola pounds.

Yes that is correct and yes you have to wait for more the payslip. Please take your time to gather everything before applying and just kepp it simple

JUBILEE · Post by **JUBILEE** » Sat Dec 21, 2013 1:23 pm

ec 21, 2013 1:21 pm Post subject: HO APPEAL ALLOWED BUT HO DECIDED TO APPEAL AGAIN Reply with quote Edit/Delete this post Delete this post
Hello everyone, pls i need your urgent help, i applied twice as a spouse of irish national but home office refused but the second refuse with right of appeal, me and my wife went to appeal and we won without lawyer representing us.T he judge allowed the appeal base on article 8. my wife irish national has been in uk for the past 10 yrs with two 3 children from her previous marriage, two of her children was born in ireland and third one was born in uk. she has not been working because of disability and one of her daughter is disable as well so she is the full time carer for her daughter.we have married for almost two yrs now, home office decided to appeal when our appeal was allowed.The first tier tribunal has allowed home office to go on with the appeal by given home office 14 days to summit their argument. please and please i need urgent advice, i am planinig to get a solicitor now. pls i need any one urgent advice .God bless you all and happy christmas.
_________________
IAM LOVING, GOOD AND FRIENDLY GUY.

JUBILEE · Post by **JUBILEE** » Sat Dec 21, 2013 1:24 pm

pls ola pound if you know about what i wrote pls give me urgent advice.

OlaDPounds · Post by **OlaDPounds** » Sat Dec 21, 2013 1:44 pm

JUBILEE wrote:pls ola pound if you know about what i wrote pls give me urgent advice.

Hi I have read your post and my advice will be you should get a good solicitor and you will need a good barrister who will augur your case and as I may think I might as well be wrong but the HO will argue your wife not exercising treaty right but you have a strong point cos of your partner's disability and child disability and you have been together and also have children together so I don't see why the HO want to proceed with further appeal but I will advise you should wait for their case as they will state reason why they think they still have something to argue.

My question to you is Do you think the HO have a case to present to the tribunal? Do you think they can win you at the upper tribunal? In your initial refusal letter and the court determination, do you think the first tier tribunal judge might have make an error in law in your favour?

OlaDPounds · Post by **OlaDPounds** » Sat Dec 21, 2013 1:46 pm

Kev19999 wrote:Thank you to everyone for sharing.
Here goes:

Applied on 18/09/2012

COA: Received after 6 weeks.....

After 5 months, I chased them up......
Got a letter end of Jan inviting us for an interview in Liverpool in 2 weeks.
Went there and after 3-4 weeks our application was refused.....
They said it was a marriage of convinience. 85% of our answers were correct....we provided pictures, bills etc

Appealed in early April......Went to first tier tribunal in september and won our case.

Congratulations Kev19999. Have a good Christmas.

After 12 weeks emailed HO as we havnt received the RC.......

Finally after 15 weeks we got it.

Total processing time 15 months! A living nightmare.......

Thank you everyone for the support and encouragement on this board.
Merry Christmas and Happy New Year.
Trust in God. If you are in a genuine relationship, he will make a way.

JUBILEE · Post by **JUBILEE** » Sat Dec 21, 2013 2:17 pm

thank you so much ola pound, it is true my wife has not been exercising treaty right for a long time, she has been sick and her daughter has been sick as well but the judge at first tier tribunal dismissed the appeal on treaty right but allowed the appeal base on article 8. OLA POUND PLS I WANT TO ASK YOU A QUESTION I DONT UNDERSTAND, HOME OFFICE HAS BEEN GIVEN 14 DAYS TO SUMMIT THEIR ARGUMENT, WHAT OF IF THEIR ARGUMENT IS NOT SUBTATIAL ENOUGH OR THEY REFUSE TO SUMMIT THE ARGUMENT, WHAT WILL HAPPEN.

OlaDPounds · Post by **OlaDPounds** » Sat Dec 21, 2013 2:27 pm

JUBILEE wrote:thank you so much ola pound, it is true my wife has not been exercising treaty right for a long time, she has been sick and her daughter has been sick as well but the judge at first tier tribunal dismissed the appeal on treaty right but allowed the appeal base on article 8. OLA POUND PLS I WANT TO ASK YOU A QUESTION I DONT UNDERSTAND, HOME OFFICE HAS BEEN GIVEN 14 DAYS TO SUMMIT THEIR ARGUMENT, WHAT OF IF THEIR ARGUMENT IS NOT SUBTATIAL ENOUGH OR THEY REFUSE TO SUMMIT THE ARGUMENT, WHAT WILL HAPPEN.

If they argument is not substiantial or they don't present their case with genuine reasons then the upper tribunal will just stick to the first tier judgement and allow the case and HO just have to issue your RC but they might take some weeks though

JUBILEE · Post by **JUBILEE** » Sat Dec 21, 2013 2:36 pm

THANK YOU SO MUCH OLAPOUND, GOD WILL CONTINUE TO GIVE YOU WISDOM.THANKS A LOT. I WILL BE WAITING FOR THEIR ARGUMENT BUT THE LETTER HOME OFFICE SENT WAS THAT ME AND MY IRISH WIFE CAN MOVE TO NIGERIA, HOW IS IT POSSIBLE WHEN BOTH MOTHER AND DAUGHTER ARE ON CONSTANT MEDICATION AND MEDICAL CHECKUP.

Choc-Ice · Post by **Choc-Ice** » Sat Dec 21, 2013 3:09 pm

JUBILEE wrote:THANK YOU SO MUCH OLAPOUND, GOD WILL CONTINUE TO GIVE YOU WISDOM.THANKS A LOT. I WILL BE WAITING FOR THEIR ARGUMENT BUT THE LETTER HOME OFFICE SENT WAS THAT ME AND MY IRISH WIFE CAN MOVE TO NIGERIA, HOW IS IT POSSIBLE WHEN BOTH MOTHER AND DAUGHTER ARE ON CONSTANT MEDICATION AND MEDICAL CHECKUP.

I don't think you need to hit the panic button yet! You will receive a copy of the grounds of appeal which will state why they are appealing and what errors the judge (FTT) made! I won my appeal in FTT and they did the same thing and appealed to UT. I was at UT last week without any Lawyer (Dont waste your money) and it only took 30 mins! Very pleasant experience I must say..

UT judges don't mess around and you stand a very good chance! If you have any questions regarding the process, let me know!

Immigrationboards.com: Immigration, work visa and work permit discussion board

EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Timeline

HO APPEAL ALLOWED BUT HO DECIDED TO APPEAL AGAIN

HO APPEAL ALLOWED BUT HO DECIDED TO APPEAL AGAIN

Re: HO APPEAL ALLOWED BUT HO DECIDED TO APPEAL AGAIN

Re: Timeline

HO APPEAL ALLOWED BUT HO DECIDED TO APPEAL AGAIN

Re: HO APPEAL ALLOWED BUT HO DECIDED TO APPEAL AGAIN