EEA4 Application sent as non EEA family member of EEA national (my father who passed away in 2013) : 16/12/2014
Application refused: 21/09/2015
So after 10 months they refused saying my father didn't work enough from 06 to 07 or actually the letter of employment I sent of my late father was not registered in the hmrc. So they asking me to leave UK or appeal and I have been living here lawfully studying and working for 10 years and 2 months
. Hoping to appeal even though I don't have much evidence of my late fathers work history since we all been living here 10 years and he went on state pension 2007. I don't understand why they don't look at last 5 years which are 2008 to 2013 when he died rather than first 5 years which are 2005 till 2010. I am 28. Maybe has to do with age? as I was 17 in 2005 and 23 in 2010. I have never dealt with solicitors either and wouldn't really want to as I have read all of the Immigration (EEA) regulations 2006 which apply to me.What I have found so far is that apply to ME:
15.—(1) The following persons shall acquire the right to reside in the United Kingdom
permanently—
(b) a family member of an EEA national who is not himself an EEA national but who has
resided in the United Kingdom with the EEA national in accordance with these
Regulations for a continuous period of five years;
- meaning I have lived here 10 years since 2005 and studied from 2005 till 2009. Then till 2012 no permanent jobs. On and off jobs and mostly supported by my fathe, e.g him paying my phone bills, car insurance for when I couldnt. Then since august 2012 in permanent full employed in 3 different places and still am employed full time.
(c) a worker or self-employed person who has ceased activity;
-he (eea national) did work in 2004 till 2006. and a few part time jobs till 2007 which they claim aren't registered, then went on to state pension
(e) a person who was the family member of a worker or self-employed person where—
(i) the worker or self-employed person has died;
-he died in may 2013
(ii) the family member resided with him immediately before his death; and
-I have continuously lived with my father since 2005 till his death in 2013
(iii) the worker or self-employed person had resided continuously in the United Kingdom
for at least the two years immediately before his death or the death was the result of
an accident at work or an occupational disease;
-again I lived with him for 7 years and 10 months-
So, I have 3 options which I can see so far.
-Submit further application (same eea4) stating all these facts.
-Appeal in court or by post stating these facts and providing all proof
-FLR(O) for the 10-year private life route
Again, interested on the IB experienced members opinions and advice and, also what new can a solicitor bring to the table ? Also, one rule I can't find is the automatic permanent residence status after a certain period for family members?
Thank you all in advance
p.s: i've also submitted a british citizenship application in july 2014 and still awaiting outcome, been over 14 months
involved the mp and complaints the lot, but that is another matter. I firstly need to make sure I don't get deported by living unlawfully lol.Any advice would be beneficial thank you IB members.
