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by el patron
Thu Jun 25, 2015 10:37 am
Forum: EU Settlement Scheme
Topic: Residence Card Refusal with no right of appeal - any advice?
Replies: 8
Views: 1075

Re: Residence Card Refusal with no right of appeal - any adv

I think you have missed the point, generally family members of British nationals cannot use the EEA Forms/application process, so she will not be able to get a UK issued EEA Residence Card
by el patron
Thu Jun 25, 2015 10:11 am
Forum: EU Settlement Scheme
Topic: Residence Card Refusal with no right of appeal - any advice?
Replies: 8
Views: 1075

Re: Residence Card Refusal with no right of appeal - any adv

For these purposes a British passport is not classed as an EEA national passport, unless you are returning to the UK after having exercised treaty rights in another EEA state.
by el patron
Sat Jun 06, 2015 1:02 pm
Forum: EU Settlement Scheme
Topic: EEA Residence card revoked at Manchester Airport
Replies: 42
Views: 3391

Re: EEA Residence card revoked at Manchester Airport

6 weeks detention, that would be a substantial amount of money for a successful unlawful detention action!
by el patron
Fri Jun 05, 2015 7:18 pm
Forum: EU Settlement Scheme
Topic: EEA Residence card revoked at Manchester Airport
Replies: 42
Views: 3391

Re: EEA Residence card revoked at Manchester Airport

Thanks for responding, I think that fresh application will take long time plus i have to complete again 5 years to get permanent residence card. no you won't, 5 years is from the day you are married and reside with your wife, who is excercising treaty rights, in the UK. any dates on your residence ...
by el patron
Thu Jun 04, 2015 4:30 pm
Forum: EU Settlement Scheme
Topic: EEA Residence card revoked at Manchester Airport
Replies: 42
Views: 3391

Re: EEA Residence card revoked at Manchester Airport

Thanks All of you guys. But how can i get legal aid? I have already lawyer. I do not know what else i can do? Only some solicitors have legal aid contracts, I'm assuming of course that you are in England in Wales. As I recall compensation claims for unlawful detention are still within the scope of ...
by el patron
Thu Jun 04, 2015 4:18 pm
Forum: EU Settlement Scheme
Topic: EEA Residence card revoked at Manchester Airport
Replies: 42
Views: 3391

Re: EEA Residence card revoked at Manchester Airport

Thanks All of you guys. But how can i get legal aid? I have already lawyer. I do not know what else i can do? Only some solicitors have legal aid contracts, I'm assuming of course that you are in England in Wales. As I recall compensation claims for unlawful detention are still within the scope of ...
by el patron
Thu Jun 04, 2015 3:26 pm
Forum: EU Settlement Scheme
Topic: EEA Residence card revoked at Manchester Airport
Replies: 42
Views: 3391

Re: EEA Residence card revoked at Manchester Airport

Perhaps I am confusing the issues but doe sthe UK Boarder Agency operation manual not prohibit revoktion at ports for EEA cards for any other reason that public policy, security and health? Regulation 20 gives power to revoke family permits on grounds of public policy, security and health OR if the...
by el patron
Wed Jun 03, 2015 11:11 pm
Forum: EU Settlement Scheme
Topic: EEA Residence card revoked at Manchester Airport
Replies: 42
Views: 3391

Re: EEA Residence card revoked at Manchester Airport

El patron, i agree with you that OP may need to seek legal advise. It is clearly beyond my remit to advice anyone on this forum not to seek legal advise. The department has acted unlawfully, and he may indeed need to seek legal advice on the case he will wish to make against. The steps they took in...
by el patron
Wed Jun 03, 2015 10:59 pm
Forum: EU Settlement Scheme
Topic: EEA Residence card revoked at Manchester Airport
Replies: 42
Views: 3391

Re: EEA Residence card revoked at Manchester Airport

Without stepping on Obie's toes! 1. I have already suggested either applying for another 5 year EEA residence card or apply now for permanent residence card. 2. Take legal advice immediately, as far as I'm aware legal aid is still available for unlawful detention claims in England and Wales so seek...
by el patron
Wed Jun 03, 2015 10:08 pm
Forum: EU Settlement Scheme
Topic: EEA Residence card revoked at Manchester Airport
Replies: 42
Views: 3391

Re: EEA Residence card revoked at Manchester Airport

Without stepping on Obie's toes! 1. I have already suggested either applying for another 5 year EEA residence card or apply now for permanent residence card. 2. Take legal advice immediately, as far as I'm aware legal aid is still available for unlawful detention claims in England and Wales so seek ...
by el patron
Wed Jun 03, 2015 2:38 pm
Forum: EU Settlement Scheme
Topic: EEA Residence card revoked at Manchester Airport
Replies: 42
Views: 3391

Re: EEA Residence card revoked at Manchester Airport

As well as running the appeal, I would suggest making a fresh application for an EEA residence card, with the fresh application providing current evidence of your wife's employment/self-employment and even more proof of the genuineness of the marriage. Manchester Airport Immigration have in the pas...
by el patron
Wed Jun 03, 2015 2:09 pm
Forum: EU Settlement Scheme
Topic: EEA Residence card revoked at Manchester Airport
Replies: 42
Views: 3391

Re: EEA Residence card revoked at Manchester Airport

As well as running the appeal, I would suggest making a fresh application for an EEA residence card, with the fresh application providing current evidence of your wife's employment/self-employment and even more proof of the genuineness of the marriage. Manchester Airport Immigration have in the past...
by el patron
Tue Jun 02, 2015 3:49 pm
Forum: EU Settlement Scheme
Topic: EEA2- WHEN THE PERIOD OF DEPENDENCY STARTS for OFM.....
Replies: 14
Views: 561

Re: EEA2- WHEN THE PERIOD OF DEPENDENCY STARTS for OFM....

Your focus is still on the now when the past is the problem. If you live in his household now that obviates the need to be dependant, he likely has retained workers status yes, but no need to stress this aspect of the case unless it is introduced as a fresh reason for refusal.
by el patron
Tue Jun 02, 2015 1:11 pm
Forum: EU Settlement Scheme
Topic: EEA2- WHEN THE PERIOD OF DEPENDENCY STARTS for OFM.....
Replies: 14
Views: 561

Re: EEA2- WHEN THE PERIOD OF DEPENDENCY STARTS for OFM....

I don't think the current qualified status of your EEA family member was the major difficulty, it was past dependence which was before the family member became a EEA national that was the main problem. If that does become a point of despute however the points you have raised are of course useful and...
by el patron
Tue Jun 02, 2015 9:47 am
Forum: EU Settlement Scheme
Topic: Shall I Apply from UK or from Ireland for Spouse
Replies: 9
Views: 610

Re: Shall I Apply from UK or from Ireland for Spouse

Hello, My girl friend was being detained on student via in UK and had removal orders, she chose to leave the country voluntarily. I am British Citizen and we got married in Pakistan last month. I am back in UK now, and want to apply for a spouse visa. The information I have been receiving is that s...
by el patron
Mon Jun 01, 2015 10:08 am
Forum: EU Settlement Scheme
Topic: Calling an expert to attend hearing
Replies: 1
Views: 205

Re: Calling an expert to attend hearing

Gerally you need to ask permission to introduce evidence not before 1st-tier tribunal, a written medical report normally the method.
by el patron
Fri May 29, 2015 10:57 am
Forum: EU Settlement Scheme
Topic: Dual National, EEA Spouse and Dependant Mother
Replies: 4
Views: 168

Re: Dual National, EEA Spouse and Dependant Mother

My understanding is that your mother would apply for an EEA family Permit on the basis of her establishing dependency on your EEA national wife, though arguably as you are married to her the dependency could still be on you, but you however would not be classed as an EEA sponsor because of your Brit...
by el patron
Tue May 19, 2015 3:24 pm
Forum: EU Settlement Scheme
Topic: Extended family member
Replies: 22
Views: 2313

Re: Extended family member

Metock case on your side, i.e. no need to show lawful residence which may equate to no need to show lawful entry..? Are you sure he entered illegally? Did he enter via the Irish land border?
by el patron
Tue May 19, 2015 11:33 am
Forum: EU Settlement Scheme
Topic: SS route thoughts and questions (M-24-UK / F-26-CAMBODIA)
Replies: 2
Views: 125

Re: SS route thoughts and questions (M-24-UK / F-26-CAMBODIA

I would suggest you both go to Ireland as it would be easier for you and your wife to work there than any other country (you can work anywhere in the EU but finding work elsewhere in the EU is hard.) Stay there for atleast 6 -7 months before moving back to the UK . I have heard that the Surinder Si...
by el patron
Tue May 19, 2015 11:28 am
Forum: EU Settlement Scheme
Topic: Extended family member
Replies: 22
Views: 2313

Re: Extended family member

Having a family permit in advance of coming to the UK is not a pre-requisite, dependency on, or membership of the household of the EEA national family member before coming to the UK is however required. If he came on a visit visa, the Home Office may trawl the records and produce what he said were h...
by el patron
Fri May 15, 2015 10:52 am
Forum: EU Settlement Scheme
Topic: REMOVAL OF PERSONS FROM UK
Replies: 21
Views: 1313

Re: REMOVAL OF PERSONS FROM UK

*In relation to deportation and not removal* From what I understand an EEA national who has been deported must apply/make a request to have the deportation order lifted before coming back to the UK. There has been a very recent amendment to the EEA regulations which gives the Home Office power to tr...
by el patron
Wed May 13, 2015 11:20 am
Forum: EU Settlement Scheme
Topic: EEA Family Permit For my brother
Replies: 2
Views: 151

Re: EEA Family Permit For my brother

This will be more difficult, the Home Office UK/Visas are likely to maintain that only direct family members can be included in this type of 'surinder sigh' application, a brother is not a direct family member. However, I do recall one success at appeal in the Upper-tribunal for such a case, so if y...
by el patron
Mon May 11, 2015 6:57 pm
Forum: EU Settlement Scheme
Topic: EEA2- WHEN THE PERIOD OF DEPENDENCY STARTS for OFM.....
Replies: 14
Views: 561

Re: EEA2- WHEN THE PERIOD OF DEPENDENCY STARTS for OFM....

To clarify, - as an extended family member you need to show dependency/membership of household of EU national prior to being dependant/member of the household in UK. So you are missing the first stage as the dependency abroad was before your family member became an EU national. There is recent case ...
by el patron
Mon May 11, 2015 6:10 pm
Forum: EU Settlement Scheme
Topic: EEA2- WHEN THE PERIOD OF DEPENDENCY STARTS for OFM.....
Replies: 14
Views: 561

Re: EEA2- WHEN THE PERIOD OF DEPENDENCY STARTS for OFM....

thanks el patron, I got your explanation. To be more specific, does it not mean, despite my dependency upon my sponsor before he became EU Citizen, the only period of dependency or cohabitation is to be proved before the court is , since he became EU citizen..? Thanks That is my understanding yes, ...
by el patron
Mon May 11, 2015 9:18 am
Forum: EU Settlement Scheme
Topic: EEA2- WHEN THE PERIOD OF DEPENDENCY STARTS for OFM.....
Replies: 14
Views: 561

Re: EEA2- WHEN THE PERIOD OF DEPENDENCY STARTS for OFM....

I would have thought 'material time' would be in respect of a period before coming to the UK, for example if you were dependant on your extended family member abroad, before he had EU nationality that dependency would not assist, but if your extended became a EEA national whilst you were dependant u...