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EEA4 REFUSED,EXTENDED FAMILY MEMBER,5yrs RC EXPIRED,PLZ HELP

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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bibti
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EEA4 REFUSED,EXTENDED FAMILY MEMBER,5yrs RC EXPIRED,PLZ HELP

Post by bibti » Mon Jul 13, 2015 5:04 pm

Hello everyone, Sorry for the LONG ESSAY but a book can be written on my story. Please shine some light if you can. Thank you :D

I am a non-EEA extended family member of an EEA national (step–mother), came to the UK in 2004 (age 14) with An EEA family permit. Obtain my residency stamp in 2005 expired in 2010, (which actually had my father’s name as my EEA family member in the stamp because He had his PR at that time). Since then have made about four different applications all REFUSED.

First I applied for ILR FORM (F) in 2010 (age 20) on my own, didn’t really know that immigration law was complicated, got a refusal. My father found a non-immigration solicitor/bogus solicitor (fake immigration lawyer without an office) I remember only meeting him in my father’s car to sign a letter he wrote to the HO as a reconsideration letter. That was refused after 6months. Went to an immigration practitioner, this was during the back log and it took about 13months for the refusal letter. Went for a JR and didn't go to court till Jul 2014. Judge told me to go through EEA route which I did and then got refused again in march 2015 but I know why now. Because I used my father as my EEA family member but his British.

My father and step mother have been separated since 2009 (not divorced yet, my father does not want to finalise the divorce until my stay in the UK has been secured (so to say). So in terms of me still being an extended family, am confused. My step mother and I haven’t spoken since 2011, and my father said she probably destroyed any evidence of her living in Germany because that was where they lived for 4/5yrs together before coming to the UK IN 1998.
Step mother filed for divorce in 2013 and stated my name in a page that said ‘other children’. I have four half brothers and sisters. And she also holds a British passport. I can’t get evidence to show that she is exercising treaty rights. I only have their marriage certificate.

I need to make a new application; the UK immigration law does not favour me because they will see me as an overstayer. I am not in a relationship that is over two years, don't have any British kids and I haven't spent half of my life in the UK.

TIMELINE
2010 applied for ILR (F) on my own – Refusal letter in 2011
Reconsideration letter 2011 by bogus solicitor– Refusal letter in 2012
OISC practioners applied for FLR (O) 2012 – Refusal letter in 2013
Barister Applied for Judicial Review 2013 – Refusal letter in 2014
Went to court July 2014 – Judge adviced me to go through EEA route (The first time understanding that there were UK immigration laws and EU immigration laws). HO representative agreed with my Barister.
Applied for EEA4 August 2014 – Refusal letter in March 2015. (applied that my father was my EEA family member, but his not. He is a British citizen now since 2007 or 2008. (Like I said his name was in my 5yrs Residency stamp). But I know better now because his not under EU Law.
What advice can you give me because my current Solicitors are baffled, they don’t know what to apply for or the argument they will make for the application I filled, I already filled EEA PR application but I am stressing that I don’t want to be refused AGAIN.

Went to Uni 2008, graduated 2012. not been able to secure a grad job but working in hospitality using me Drivers license as ID and also claiming that am an EEA family member.

P.S.
HO held back my most recent passport when I applied for FLR( O) in 2013 and I tried to apply for a new one April 2015 with my old passport (expired) but it got declined in May 2015. Since I told my solicitors to write to the home office to send a letter so that I can make a fresh application and they (HO) are not responding. Now I don’t have a valid passport all I have is my driver’s license as a form of ID.

Obie
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Location: UK/Ireland
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Re: EEA4 REFUSED,EXTENDED FAMILY MEMBER,5yrs RC EXPIRED,PLZ

Post by Obie » Tue Jul 14, 2015 1:48 pm

You should not apply for FLR (FP) or FLR (O).

You are a family member of your step mother and nit extended family member.

You are entitled to the right of Permanent Residence.

I hope you have exercised your appeal rights
Smooth seas do not make skilful sailors

bibti
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Posts: 5
Joined: Mon Jul 13, 2015 3:04 pm

Re: EEA4 REFUSED,EXTENDED FAMILY MEMBER,5yrs RC EXPIRED,PLZ

Post by bibti » Tue Jul 14, 2015 6:53 pm

I didn't put in any appeal yet. I just want to make a fresh application. But I don't have access to my step mothers documents that would support my application.

bibti
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Posts: 5
Joined: Mon Jul 13, 2015 3:04 pm

Re: EEA4 REFUSED,FATHER IS NOW BRITISH,5yrs RC EXPIRED,HELP

Post by bibti » Wed Jul 15, 2015 12:47 pm

Hi everyone,

I just spoke to my father and he explained to me that he had his permanent residency in 2004 and that was what he used to apply for my EEA family permit in 2004, and also when I got my residency stamp in 2005. But in 2006 he became a British citizen.
Not knowing much about the immigrations, he didnt seek any advice about what my circumstance would be once he became naturalised.

So now from what have read so far in the blogs and UKBA website, I think am an overstayer. Am sure HO refuses 99% of any overstayers application.

I have my grandmother(in her 70's) who I lived with before i came to the UK in my country and also my mother. I have not been back to the country since I came in 2004 (age 14). Have establish a life for myself here which am accustomed to, people I love and call family, my new boyfriend, I just cant see myself back in my country of origin. Have spent too much money and time on my case for me to give in, am sure there are other ways to secure my status in this country. (Finished secondary school here, went to college, went to Uni, got mad student loan). I wont give up till my last dime.

What can I do to get my residency in the UK now???
Last edited by bibti on Wed Jul 15, 2015 12:59 pm, edited 1 time in total.

el patron
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Location: Northern Ireland

Re: EEA4 REFUSED,EXTENDED FAMILY MEMBER,5yrs RC EXPIRED,PLZ

Post by el patron » Wed Jul 15, 2015 12:58 pm

Obie wrote:You should not apply for FLR (FP) or FLR (O).

You are a family member of your step mother and nit extended family member.

You are entitled to the right of Permanent Residence.

I hope you have exercised your appeal rights
I agree with Obie. In addition, the first family permit or residence card should bring you in under the 'transitional provisions' thereby the naturalisation as British of the EEA family member should not be a reason for refusal.

endtudu
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Re: EEA4 REFUSED,EXTENDED FAMILY MEMBER,5yrs RC EXPIRED,PLZ

Post by endtudu » Wed Nov 18, 2015 7:46 pm

hi guys, i am in a in the same situation,
basically i came to the uk as a student back in 2006 and after have extended my student visa in the UK for one year it had expired, because i was living with my uncle at the time which is EU I did manage to get the 5 years residence card, and at the time he was working.
now sadden the the situation as turned in to a mess, my relationship to my uncle is no longer close, my uncle during this five years decided to stop working for at l least 2 years and was on benefit.
however i have always been working and paying tax for the past 9 years, and have done my education all possible documentation that an individual, can do and have to feel settle and live a normal life.
back in 2014 i decided to apply for the ILR and was refused based on the fact that the part-time my uncle was working and studding, HO couldn't identify what exactly my uncle was doing and as bad lucky he stopped working, result i was refused, i did appeal and i lost the case.
In December 2014 i did a new application to extend my residence card, my uncle found another job part-time
again but when HO called to confirm is employment he was already fired after 2 months and couldn't be confirmed. Again the application was refused, i have mad an appeal against the decision and still waiting the court date.
I lost my job for 15 days but i managed to renew the certificate of the application based on the EEA regulation I am entitled to work god bless i am back to work.
my Uncle is not somebody stable is not outside uk, also could come back at any time but our relationship is not that great anymore due to his laziness of not wanting to work.
( do I have any chances to Win this case assuming he is no longer in the UK ?)
please give me some advise
many thanks

ally007
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Joined: Fri Nov 13, 2015 10:29 am

Re: EEA4 REFUSED,EXTENDED FAMILY MEMBER,5yrs RC EXPIRED,PLZ

Post by ally007 » Thu Nov 26, 2015 1:31 am

endtudu wrote:hi guys, i am in a in the same situation,
basically i came to the uk as a student back in 2006 and after have extended my student visa in the UK for one year it had expired, because i was living with my uncle at the time which is EU I did manage to get the 5 years residence card, and at the time he was working.
now sadden the the situation as turned in to a mess, my relationship to my uncle is no longer close, my uncle during this five years decided to stop working for at l least 2 years and was on benefit.
however i have always been working and paying tax for the past 9 years, and have done my education all possible documentation that an individual, can do and have to feel settle and live a normal life.
back in 2014 i decided to apply for the ILR and was refused based on the fact that the part-time my uncle was working and studding, HO couldn't identify what exactly my uncle was doing and as bad lucky he stopped working, result i was refused, i did appeal and i lost the case.
In December 2014 i did a new application to extend my residence card, my uncle found another job part-time
again but when HO called to confirm is employment he was already fired after 2 months and couldn't be confirmed. Again the application was refused, i have mad an appeal against the decision and still waiting the court date.
I lost my job for 15 days but i managed to renew the certificate of the application based on the EEA regulation I am entitled to work god bless i am back to work.
my Uncle is not somebody stable is not outside uk, also could come back at any time but our relationship is not that great anymore due to his laziness of not wanting to work.
( do I have any chances to Win this case assuming he is no longer in the UK ?)
please give me some advise
many thanks
I think ur chance is very slim. But with God, all things are possible because the caseworkers are human like me and you.

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