Post
by Patience » Tue Jan 15, 2008 9:14 pm
My applications for a residence card has been refused by the HO.I applied as an unmarried partner to an EU citizen exercising treaty rights in the UK.
Refusal wordings:
Whilst it is accepted that the documentary evidence you have provided demonstrates that you have been in a relationship with Ms ??? for over 2 years, you did not have valid leave to remain at the time of your application.
Even if a person is in a durable relationship for the purpose of Regulation 8(5) of the 2006 Regulations, and is thus an extended family member, that person is only entitled to Residence Card under Regulations 17(4) if, in all the circumstances, it appears to be appropriate to issue the card.
You are considered to be an illegal.You have never been granted leave to enter the UK and you have only been given temporal admission.
You therefore had no valid leave at the time this application was made to either enter or remain in the UK.In this circumstances it is not considered appropriate to issue you with a residence card.
I have a criminal record for false instrument in 2005(used a French Passport to enter and live with my partner since 2002 and was intercepted.8 months sentence) Because of my criminal record I was not also considered to qualify for Discretionary Leave.
I filed and appeal and still failed.The Judged confirmed I have shown evidence of a relationship but stood by the decision of the Home Office.Claiming I was an illegal at the time of my application and even though I met the criteria for a residence card , it should be given with consideration of national law.
The Home Office refusal letter also said:
It is also considered that your partner can remain in the UK and support any application you make from abroad for the correct entry clearance to return with a view to settlement as the unmarried partner of a EU National exercising a treaty right in the UK.In deciding this application, the entry clearance official will in addition to requirements of the (EEA) Regulations 2006,take into account the right to Family life under Article 8.
I understand we are not married and our case would have looked stronger if we did.It relation to their recommendation above, we have planned to return and get married and file an application for a Family Permit.
What are our chances? I am just hoping the criminal record or illegal bit does not hamper our case.We have already book flights etc to go and return.
Sorry I posted this on the General Section.I did not notice the Family Members Section is here.