URGENT: Extended FM Refused with No Appeal Right

[members]

Dear All,

My friend, who is a Non-EEA national, applied for EU Residence Card as a brother of an EEA national.

When he applied, he was in PSW visa and applied before the expiry of his visa.

However, Home Office refused his application with no right of appeal. Is that right?

Note: he did not provide original passport of his EEA sister, but copies of the passport as the the sister was about to travel. Could that be a reason for no appeal right?

What can he do now? Fresh application/ Judicial Review?

He is in the UK for 8.5 years. Does this refusal mean break in 10 years long residence regardless of whether his fresh application is successful or not?

[Obie]

He should make another application, the lack of passport or ID card, may have resulted in the Home office refusing a right of appeal.

[members]

He should make another application, the lack of passport or ID card, may have resulted in the Home office refusing a right of appeal.

Many thanks for your reply. In connection with the same query:

His 3c leave ended on the day his application was refused. If he makes another application within 28 days from the date of refusal (date 3c leave ended), will that affect long residence? My understanding is that it would not because of the following (highlighted in red):

Long residence guidance (updated 17 October 2014) says at page 20 -21:

Out of time applications made on or after 9 July 2012

Applicants for an extension of stay or ILR on long residence grounds must not have
overstayed by more than 28 days on the date of application. The 28 day period of
overstaying is calculated from the latest of the:

 end of the last period of leave to enter or remain granted
 end of any extension of leave under sections 3C or 3D of the Immigration Act 1971, or
 the point that a migrant is deemed to have received a written notice of invalidity, in line
with paragraph 34C or 34CA of the Immigration Rules, in relation to an in-time
application for further leave to remain.


I stand to be corrected.

[Obie]

The difficulty is, section 3C does not apply to Residence Card application.

Residence Card application are dealt with under the EEA Regulations.

So it is not a question i will have a straight or legally sound views on.

I will only say that under EU law there will be an arguable case, for saying if people who apply under national law are able to benefit from Section 3C, so should people applying under EU law.