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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.