Extended Family Permit EEA for UK overstayer

[mariam slovak]

Hi

I need some advise please, I came to the UK in 2008 On a student visa, I applied PSW visa 2011 - 2013 then applied to do a masters so went back on a student visa 2013 and was granted a 3 year visa.

My visa was due to expire July 2016, in May 2015 my visa was curtailed upto 60 days as my college´s licence was revoked.

After numerous attempts It was IMPOSSIBLE for me to find ANY masters programme ( I had to do a masters as previously obtained my BA degree ) that was starting in MAY. I called and searched every Universtiy in England , Wales and Scotland. The earliest I could find a masters was July. But I had only until middle of April from the curtailement visa to find a new sponsor.

I contacted the home office who advised me that I would need to travel back to my home country Nigeria and apply from there. I was a apprehensive to do this. 1) Because I had paid my full year tuition to that college and was still trying to get my money back and the home office would not assist me, even though they closed down the college. 2) I had no monetary funds to travel back to my home country as I had not budgeted having to make an unexpected trip back to my home country. 3) Because had I traveled to my home country there was likely hood of my losing my count to the 10 years lawful continuous residency not to mention I was advised I would be making a fresh application meaning I would have to show and prove having a more amount of money in my bank account that I wouldnt have needed to show had I applied from the UK because I had established presence here.

Anyway due to all this I ended up being an over stayer and have no legal status in the UK anymore. I was able to successful get the courts to issue a CCJ against my former college and they gave me back my tuition.

I currently want to apply for legal status in the UK. I have a sister with a EU passport and wanted to know if she could be able to exercise her treaty rights for me. Even though I was an over stayer in the UK . And second it may prove difficult for me to prove that I am dependent on her.

I do currently live with her and I should mention that I do suffer from scoliosis that leads to severe back pain, she assists me in basic chores like cooking, washing and cleaning the house.

Would I be better off to apply under human rights under private life, due to my established presence in the UK and medical condition or should I chance it and let my sister exercise her treaty rights.

If anyone has been through something similar please advise me.

[Olawale]

It's not a difficult situation. Apply on the grounds you have raised, not fit getting that the colleges mocked you about for a long time. You may be facing a 2 year journey, admidst courts, tribunals, etc. But with support from your sister, all would be fine.

Cheers

[Olawale]

Not forgetting that the college mocked you about

[noajthan]

As EFM need to show history of dependency/household membership (with sis as head of household - when an EEA national) as well as ongoing dependency/membership of household.

HR may not fly on EU route.