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My understanding is re-entry would be an option if you had procured a re-entry visa before leaving Eire.alphagear wrote:What would happen in the case where courts dismiss appeal.
Is it possible to return to ireland or deportation?
Like obie said the centre of life is unlawful and you will definitely win the appeal, by the way How long you lived in Ireland? the documents you provided with the EEA2 application were sufficient?Home Office Victim wrote:Hi.
My wife was refused her EEA2 application just a few days ago on the grounds that I did not satisfy the centre of life requirement in section 9. However when I was working in Ireland and had applied for the EA FP it was granted.
I was just wondering if happens quite often. I was under the impression that the EA FP would only have been issued if I met the centre of life requirements whilst I was living in Ireland then once I had left Ireland the Home Office would honour that decision and consider it to be met on the EEA2 application as well if I provided the same documents as the ones for the EA FP. I am actually quite appalled at the home office's behaviour in the way they have handled the case.
My other question is what should my next course of action be?
Just to give some background information: I have been married since 2013 and have one child that is an year old. My wife is also heavily pregnant and expecting another child. I really would like to have the appeal heard within the next two months so that we can travel to her home country after the birth and so that the grandparents could meet their new grandchild. I wonder if the appeal would consider this as grounds to expediate the hearing?
I was also wondering if my wife and I were to travel outside the UK/EU before the appeal hearing would she be allowed to re enter the U.K. or would she now be considered as someone who has lost the right to enter the U.K and how would the appeal hearing be heard without my wife's presence?
Please do let me know of your thoughts as to this situation so that I may be able to see some options.
Any thoughts on the issues would be greatly appreciated.
Unclear if your wife had RC, in one post you seemed to have said you didn't wait for RC; in later post you mention wife has RC.Home Office Victim wrote:I lived in Ireland for about 5 months. I had provided the same documents that I provided for my EEA Family permit to the Home Office simply because they had been accepted for the EEA FP therefore I thought they should also be sufficient for EEA 2 application.
I did not post the message about my wife having recieved an RC card. That was alphagear. We didn't wait for the RC card in Ireland.noajthan wrote:Unclear if your wife had RC, in one post you seemed to have said you didn't wait for RC; in later post you mention wife has RC.Home Office Victim wrote:I lived in Ireland for about 5 months. I had provided the same documents that I provided for my EEA Family permit to the Home Office simply because they had been accepted for the EEA FP therefore I thought they should also be sufficient for EEA 2 application.
What exactly did HO saý àbout failure to prove meeting their COĹ requirement?
I found it quite amusing to read the part about bills not being within the first month. It seems that the Home Office is very out of touch from the reality that electricity bills are generated on a three month basis! It would be quite some task to generate an electricity bill within the first month.Home Office wrote:Based on the evidence provided it is deemed insufficient evidence to show that your British citizen husband has moved their centre of life to Ireland as all the evidence provided is withing a 4/5 month timescale. As the letters for new bank accounts and bills are spread out between the 4/5 month period and not all within the first month, it suggests that your husband had not established a satisfactory integreation within the Irish community in this short ammount of time before moving to the United Kingdom.
My wife is not from a visa free country, however our child is a British child (soon to be two British children) and as such they would be traveling with us.Obie wrote:If the wife is from a visa free country, then there may be possibility of entry.
If there is a British child , the Home office will not refuse, if doing so will require her to leave the UK.
Do you mind telling when your wife's EEA FP expires? Is it a multi-entry one?Home Office Victim wrote:I would love to wait until the process is completed however depending on how long that might take I am in a situation that forces us to travel in February due to family circumstances. I was just wondering on our chances of being allowed to re enter the country whilst the appeal is still ongoing if it hasn't been resolved by then.
Obie wrote:Well in those circumstances I will advice you to be prepared to spend few months overseas with your wife and children if you left before the conclusion of your case.
Also you can contact Linda Bateman if you wish to make a complaint, but I don't believe it will lead to much.
Other option is to challenge the lawfulness of the Center of Life Test at the high court.