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On what grounds do you think you can appeal?CityGirl31 wrote:Hi There,
My sister's application for ILR based on 10 years long residence was recently refused by HO.
...
Does anyone have advice or opinions on what options we have available? Surely the decision is not accurate. How long does the appeal process take?
Thanks for your help!
If you/sister had obtained RoR have you/sister been exercising treaty rights in your own right since then?By becoming the direct family member of an EEA citizen exercising treaty rights in the UK, you are ineligible for any application under the UK Immigration Rules (See Section 5 of the Immigration Rules) and hence are ineligible for ILR.
5.Save where expressly indicated, these Rules do not apply to those persons who are entitled to enter or remain in the United Kingdom by virtue of the provisions of the 2006 EEA Regulations.
But any person who is not entitled to rely on the provisions of those Regulations is covered by these Rules.
The world & HO has moved on since 2014.CityGirl31 wrote:Thanks for your reply. To be honest I do not know what grounds the appleal will be on. We've passed the decision letter to a solicitor who will come back to us shortly.
With regards to the 10 LR I made a successful application to the HO in 2014 based on the same criteria and it was approved within 3 months (Nov 14). As I had been in the country for 10 years.
I was hoping that her application would be approved in the same manner. The confirmation of the PR was initially refused in 2009 as the HO was not convinced that my mother had exercised her treaty rights. However we were given an additional 5 years (retained right of residence) in 2010.
So looking at period after grant of RoR to your sister, i.e. since 2010...CityGirl31 wrote:Thanks for the speedy responses noajthan.
It's unbelievable how things change so quickly!
With regards to her economic activity, she was in full time education between from 2004 to 2011. Volunteerd at a charity until 2012 and was then offered a permanent paid role at the same organisation in 2012. She recently started A full time postgraduate course.
noajthan wrote:On what grounds do you think you can appeal?CityGirl31 wrote:Hi There,
My sister's application for ILR based on 10 years long residence was recently refused by HO.
...
Does anyone have advice or opinions on what options we have available? Surely the decision is not accurate. How long does the appeal process take?
Thanks for your help!
Procedure?
Why was confirmation of PR refused previously - was mother or someone else the EEA sponsor?
That should have rung alarm bells.
If PR (to be acquired over just 5 years) under EU regulations failed how could you be advised ILR on long residence, including those years, could possibly succeed?!
As explained by member secret.simon elsewhere recently...
If you/sister had obtained RoR have you/sister been exercising treaty rights in your own right since then?By becoming the direct family member of an EEA citizen exercising treaty rights in the UK, you are ineligible for any application under the UK Immigration Rules (See Section 5 of the Immigration Rules) and hence are ineligible for ILR.
5.Save where expressly indicated, these Rules do not apply to those persons who are entitled to enter or remain in the United Kingdom by virtue of the provisions of the 2006 EEA Regulations.
But any person who is not entitled to rely on the provisions of those Regulations is covered by these Rules.
Were you advised to do so?
Indeed; including OP's sister.oni82 wrote:Many people have applied for ILR LR by having a EEA2 Visa period! I am surprised that many people say NO it is not possible when there are many people who have succeeded.
noajthan wrote:On what grounds do you think you can appeal?CityGirl31 wrote:Hi There,
My sister's application for ILR based on 10 years long residence was recently refused by HO.
...
Does anyone have advice or opinions on what options we have available? Surely the decision is not accurate. How long does the appeal process take?
Thanks for your help!
Procedure?
Why was confirmation of PR refused previously - was mother or someone else the EEA sponsor?
That should have rung alarm bells.
If PR (to be acquired over just 5 years) under EU regulations failed how could you be advised ILR on long residence, including those years, could possibly succeed?!
As explained by member secret.simon elsewhere recently...
If you/sister had obtained RoR have you/sister been exercising treaty rights in your own right since then?
Were you advised to do so?