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Thank you for all your replies, Jeff. No, they did not appeal. Where do I find the address of my local POU? The hearing was at Session House, Surbiton. I tried to google it but with no luck.Jeff Albright wrote: If the HO did not appeal, you should contact your local POU
I should be able to write it if I'd known what I have to write. I wanted to know if there are any laws or acts that I could quote in my letter but I suppose a basic letter with all the necessary info will be sufficient.You should be capable and confident writing such letters yourself, as no one can advise you on this. If you are not sure what to write, ask your lawyer.
That was my understanding as well, but my (current) representative has warned me from the very beginning that I will most likely be unsuccessful under this policy.Twin wrote: The other bit I do not understand is their seven years child concession criteria. As I understand it, regardless of the parents status ie bad immigration record or not, a parent should not be expected to be removed once his/child has accumulated 7 years residency.
But how can you apply for a spouse visa if the relationship is broken? I understand that dad doesn't get involved in the upbringing of the child altogether?Now, as my relationship with the father of my child has broken down, would they expect me still to go back to my country of origin to apply for a spouse visa
Or would they ask that I leave my child with my husband, return to my home country and apply as a person seeking right to be with a British citizen?
Thank you!Docterror wrote:Victoria, it's great to have you aboard this board as well.
The EEA4 application can only be made when the non-EEA national family member has been in the UK for 5 years with the status of dependent of the EEA national. So if, for example, someone has been here as a student, living with the EEA nationa for two years, unfortunately this will not be counted.Docterror wrote:
1)If a non-EEA family member has been granted the Residence Card on the basis of being an unmarried partner, when can the application with the EEA4 be made? 3 years after the Card has been granted after accumulating a total of 5 years or 5 years after the Card as the first 2 years can only be used as proof of co-habitation and is not counted?
Hmmm. Good one. I don't have personal experience with this, but as with the UP rules that you mention I doubt that it will make a difference. The non-EEA national will have been here as the family member when they got their residence card, and will not have changed this status, so I don't see how the clock could be reset.Docterror wrote:
2) If while on the Residence Card, they do get married/enter into a Civil partnership, does it reset it all?.. or is it considered as the UK Immigration's unmarried couples rules and not make such a big difference after all?
I am sorry, but I don't think that there is any provision that the non-EEA family member has to be a dependant of the EEA national according to the Regulations. All it says is that you have to be a family member and be exercising treaty rights for a continuous period of 5 years.VictoriaS wrote:The EEA4 application can only be made when the non-EEA national family member has been in the UK for 5 years with the status of dependent of the EEA national. So if, for example, someone has been here as a student, living with the EEA nationa for two years, unfortunately this will not be counted.
Tend to agree with you there- even though officially the non-EEA went from being a 'extended family member' to a 'family member'The non-EEA national will have been here as the family member when they got their residence card, and will not have changed this status, so I don't see how the clock could be reset.
Sorry, the use of the word 'dependent' is force of habit. It is meant in the context of dependent on the EEA nationals presence in the UK, not in the context of being financially dependent.Docterror wrote:I am sorry, but I don't think that there is any provision that the non-EEA family member has to be a dependant of the EEA national according to the Regulations. All it says is that you have to be a family member and be exercising treaty rights for a continuous period of 5 years.
Interesting. Is this recent? Was there a discretionary element? Sorry, I have not been a regular user of this site for a long time, so I have missed a lot!Docterror wrote:
There have been examples (one in this board) in which spouses who were here in other category (like WP.. or even UP overstaying 6 years!) have been granted PR after proof of exercising treaty rights for 5 years was provided.
Ok! so I will substitute the right context and then your reply becomes-VictoriaS wrote:Sorry, the use of the word 'dependent' is force of habit. It is meant in the context of dependent on the EEA nationals presence in the UK, not in the context of being financially dependent
The EEA4 application can only be made when the non-EEA national family member has been in the UK for 5 years with the status of dependent (on the EEA nationals presence in the UK ) of the EEA national. So if, for example, someone has been here as a student, living with the EEA nationa for two years, unfortunately this will not be counted.
My post seems to have done the trick then. I was only trying to get your attention too. You're very much in demand so what better than to take this advantage.VictoriaS wrote:I am sorry, I thought that Tasha's situation was also being discussed here.
My opinion on your matter is that you can't do anything until a decision has been made on the outstanding application. Only when that comes in can you know how to deal with the appeal. You might be surprised, you might get an approval - from what you have said here your case looks strong to me.
Victoria
Yes I'd agree with that. So would it be DL she'd be awarded, if anything? Which means, with DL you'd wait 5 years before applying for ILR?VictoriaS wrote:Quite simply, I think that the compassionate grounds are overwhelming. The Home Office will look at the entirety of the case and make a decision based on everything.
Victoria
ttasha75 wrote:Sorry, probably my fault. I was sharing my experience with the 7 year concession and we got carried away. I'll open a new topic.Twin wrote:Thanks for hijacking my thread Docteror!
The subject here is with regard to the Seven year concession and not EEA spousal visa!
Tasha, if you look at the bottom of any letter you received from the Tribunal, it should state the address of the POU that represented BIA at the hearing. You should use that address to address a complaint to them FAO Operations Manager.VictoriaS wrote: The POU for Surbiton is Angel Square I think - either that or Hatton Cross - but if you call the Angel Square number they will help you.