Post
by makAlow » Sun May 10, 2015 8:01 pm
Dear vinny ,
I came here as student 10th October 2005 with student visa valid until 01/01/2009
23/12/2008 applied for student visa extension, granted from 11th march until 30th November 2011
25/11/2011 applied for another extension as tier 4 general student and was granted from 13th February 2012 until 30th September 2012.
25th September 2012, applied for EEA2 residence permit as an extended family member of my cousin brother.but was refused on 30th June 2013,
18th July 2013, reapplied for EEA2 residence permit.but was refused on 30th November 2013,
11th December 2013, I reapplied for EEA2 residence permit.but was refused on 26th February 2014
12th march 2014, I reapplied for EEA2 residence permit.but was refused on 6th June 2014.
Each time my application was rejected, as HO believed I failed to prove dependency before coming UK. But my cousin was not a eu citizen that time, so I didnt need to prove it,According to the case law, the period begins when he becomes EU citiuzen.
This time I appealed against HO Decision, Was given a date for hearing on 16th December 2015
My cousin could not appear in the trial due to his personal reason, also HO lawyer was not ready as she found her bundle missing, so the hearing had to be adjourned.I am now given a new date for hearing on 11th June 2015.
My case is very simple, My brother became Italian citizen on June 2011 and have moved in London on August 2011. Since then we have been living together in the same house, we have joint current account, where he deposits money, i have bills and other bank statements on the same address. My point of view is, I have merit on my case as I have evidence to prove of dependency and cohabitation during the period of my cousin’s residence in UK. Here I am giving a reference. LJ Blake stated,
‘........the dependency or membership of the household must be on a person who is an EEA national at the material time. For this reason it is essential that tribunal judges establish when the sponsor acquired EEA nationality....’ (Moneke (EEA – OFMs – assessment of evidence) Nigeria [2011] UKUT 00430 (IAC)).
Before appearing the court , I am trying to collect relevant references. Now , Please I earnestly need your suggestion. Do you think my point is correct or any other case references, I need to give?
Please Help
THANK YOU