EEA4 & Retained Right of Residence by Extended Family Member

[Hanaali]

Hi all,

Below are the recap of my journey, Please advise;

Came to UK in 2006 shortly after the arrival of my EEA Uncle in 2005.
I am an Extended Family Member of an EEA National and lived together with Uncle and my wife before we had our first child in 2006
Myself & wife applied for EEA 2 in 2008 and RCs were granted in 2009
We have being in work since 2008 till date I.e. Registered Self Employments (2008-till date) and PAYE Employment with good salary since 2009 when RCs were granted.
I now have 3 Children all born in UK, own over £200,000 Property/Mortgage, pays all my bills
Relationship between myself and my Uncle have being up and down due to my resistance of his domineering nature, constant arguments and jealousy.
Since August this year, I have been unable to contact my uncle and he has moved out of UK
Solicitor advised that EEA4 Form (Retained Right of Residence) due to Uncle's departure from UK
EEA4 submitted on Nov.5th 2014
HO received EEA4 on the 6th Nov.2014
CC debited with full money on 7th Nov.2014 and receipt received on 14/11/2014.
COA dated 25th Nov.2014 was received on 27th Nov.2014. (My COA and that of my wife read 'Employment can not be confirmed because we did not submit all original documents of the following 'evidence of my sponsor exercising Treaty rights' while my children COAs mentioned insufficient original Treaty rights documents and proof of their relationship with EEA sponsor were not submitted despite that they are my children and long and short birth certificates were submitted.
Email was also sent to me on the 26th Nov.2014 confirmed that our applications are being considered and that it may take upto 6 months.

Followings were some of the documents submitted with EEA4 Form;
Sworn Affidavit made in reference to Reg.10 (5c and 5d(iv); 6a and 6b), Reg.15 (1 f(i) and f(ii) having satisfied Reg.7(3), Reg.6(1b,c and e) and Reg.8(4 and 6); EC Work Instruction Chapter 2 (s.7.1a and 7.1c) and Chapter 6 (s.2 and 6.2 Completion of 5 Years Residence after ror).
5 Years a Employment Payslips, P60s, HMRC Tax Returns, NI Contribution, UK Land Registry Documents, Mortgage Statement and Bank Statements, 5 Years Council Tax Bills, TV Licence, Utility Bills, Education Records (children and my OU Degree Results Statement), Pension Documents, EHIC Cards for all the family
Birth Certificates, Marriage Certificates including those of my children and that of my late mother who was related to Uncle.

My Questions are;
Although I am an Extended Family Member of EEA National, Why COA with unconfirmed right to work and does it have any implication on my current work?
Can I request for a revised COA? Please note that they said that they will not revisit the term of the COA while my Application is being considered.
Having applied through ROR where my 5 Years Employment should be regarded as Treaty Rights, why quoted in the COA that I have not submitted all original Treaty Exercise Documents of my Sponsor who I have already informed that he has left UK
Having submitted all my children's BCs (Long and Short), why quoted in their COAs that proof of their relationship with EEA National were not all submitted.
How Long can it take HO before issuing PR please?
In 2012, I appealed against refusal to grant my mother in law a visiting visa and the appeal was granted and Visa issued. Could this have any impact?

Your prompt help and advise are very valuable and highly appreciated.

Thanks

[Obie]

That solicitor does not know what he is doing.

You cannot retain right as an extended family member.

Your application is likely to be refused.
Only people who can retain rights are

1. Divorced spouse after 3 years of marriage or domestic violence.

2. Children of former EEA worker, who are in school.

3. Family member of an EEA nation who died .

I can't understand how a solicitor can advise that you will qualify under this provision.

[Universal soldier]

I agree with Obie answer. Don't trust that lawyer because he seems like totally blind with EU system.

[Hanaali]

Thanks guys for your reply.

However, in reference to one member of this forum (depress) back in February who was an extended family member and that Obie commented on, he got his PR as an extended family member using EEA4 Form earlier before his RC Expired.

However, what would have happened to an extended family member that EEA Family left UK or died. It may be exceptional situation but certainly HO must have ways of bridging this exceptional situation.

Will Regulation 18 (2), Reg.15(b) applicable in anyway?

Guys, What are the way forward please? Lifes including those of children are at stake here please.

[Obie]

Once an extended family member are issued with a Residence Card, they become a family member by virtue of regulation 7 (3). If this person resided with the EEA national for a Period of 5 years, then they will qualify for PR.

This is not your case.

All I can day is that the solicitor is wrong and that you do not qualify for retention of residence under regulation 10 (5). That Regulation 15 (1)(f) which applies to people who retained their right of residence don't apply to you either.

I cannot remedy what your solicitor has done. I can only tell you what the law Is.

[sajib549]

Hi Hannali
I have a very similar case, I would like to share my experience with u. Would u please send ur contact number in my email:- sajib549@yahoo.com
Take care.
Sajib

[Abate86]

Hi everyone,

Just to summarise my situation. I got married to EEA national in 2008 and I moved to the UK the same year. EEA national joined me in the UK 22/3/10. We lived together as married couple in the UK from 22/03/10 to 25/02/13 prior to divorced. I successfully applied for RoR late 2013. My question is, can I apply for PR now or have to wait till 21/03/2015? YOUR answer will be appreciated.

[John]

I think you should wait until Monday 23.03.15 before applying. Why? Because in the absence of your spouse in the UK, I cannot see how you were exercising Treaty Rights in the UK prior to 22.03.10.