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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
Entry to UK is not the same as guarantee of a RC.JAMES2000 wrote:I applied for residence card for my children but the application was refused .The reason given was ..
"You have submitted a tenancy agreement that shows your EEA sponsor began to rent a property in France on 6th May 2015 for a period of 6 years and various self employment documents showing activities whilst residing.Yet , 5months later your sponsors is residing in the UK and your applications are dependent upon your fathers residence in France. Whilst it is accepted that your father resided in France ,it is not accepted that he transferred the centre of his life to France for a significant period of time."
My children were issued a six months admission to the UK under the immigration regulations 2006 at Calais.
I am confused at this stage as I never expect such a refusal because the immigration officer at Calais demanded for all necessary documents to confirm if they are qualify for admission to the UK under Surinder Singh route.
We arrived in France on the 9/04/2015 and left on the 20/10/2015.
Please I need an urgent advise please.
If you lose the appeal the family will not be granted RCs & if you are not recognised as an EEA national (by virtue of SS) they will not have residence rights in UK.JAMES2000 wrote:Thanks noajthan for your response.
My question is how do l fight this out in appeal?
If the court say no, what other options is there for me in obtaining a residence for my children?
Please need more advice from the moderators and membersof tthe forum.
Apart from Obie, I would say that there is no one regularly active on the forum who has a broader understanding of the SS route than noajthan. Reading through your previous posts I see that noathjan gave you advice in this one: http://www.immigrationboards.com/eea-ro ... l#p1242504JAMES2000 wrote:Thanks noajthan for your response.
My question is how do l fight this out in appeal?
If the court say no, what other options is there for me in obtaining a residence for my children?
Please need more advice from the moderators and membersof tthe forum.
@casa, appears OP was registered as self employed in France for 3 months and also appears his wife an other kids remained in the UK, thereby failing the 'centre of life' requirement HO has.Casa wrote:You still haven't said how much you earned from your 'self-employment' during your 5 month stay in France.Did you continue to have a base in the UK while you were away?
To appeal successfully you will have to identify procedural errors by HO &/or overcome the stated limitations of your application &/or challenge the legal basis.JAMES2000 wrote:Hi noajthan and Casa for your contributions.
Though l have submitted an appeal prepared by myself without any new evidence or prove and l sent a reconsideration letter to the case owner but no response.
I think my chance of winning the appeal is slim. As the appeal has been submitted and fees deducted just yesterday, can l still make a fresh application for the residence card?
...
How do l prove an EU case law, l think l need the service of a solicitor.
Sounds promising and good to hear positive news.JAMES2000 wrote:I was so happy when l received an email from my solicitor that confirmed we won the appeal, though the home office has 14days to appeal and l hope they won't because at the hearing they were not even represented at the hearing and we only spent less than 10 minutes in court,
I want to thank all the members of this forum for your meaningful help and advice.
My BIG thanks goes to noajthan for your solid advice and encouragement, l really appreciate.
l shouldn't rejoice too much for now though, need to wait for 14 days pass.