Returning home to apply for a Family Permit!

[Patience]

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.

[SYH]

The letter pretty much tells you what to do.

[Patience]

The letter pretty much tells you what to do.

Thanks and thats right.

However my worry is always our chances. ECO these days are very careless and overlook certain vital points and details in particular cases.You cannot count on their professionalism and correct application of the Law.

[SYH]

The letter pretty much tells you what to do.

Thanks and thats right.

However my worry is always our chances. ECO these days are very careless and overlook certain vital points and details in particular cases.You cannot count on their professionalism and correct application of the Law.

My crystal ball is not working at this time

[weldsousa2007]

Just out of interest, how long did you have to wait before you've had the decision from the HO?

[Patience]

Just out of interest, how long did you have to wait before you've had the decision from the HO?

Very long.About a year.I submitted my application and waited for 6 months contacted them to follow up.Then they replied asking me to submit the same application. I did.Then they replied after a few months.

[judde]

syh , i post a mail here but no reply i just don't know why.
i post a mail about one of my friend who got married to a EEA national and he is not EEA national , the have been lived for 3 years and 6 months now and the wife wants divorce because the relationship isnot working anymore and the guy is not happy with that because the girl has not been working she just finish study in france and want to start work now in uk and now she want divorce ........what do you think is best for the guy ? apply for the divorce and wait untill he get decree of nisi befor applying for his stay ? Ok , my big qestion here is that if you marraige to a EEA national and after 3 years of marriage if you want to apply for ur own stay what do you need to do? If you have the decree of nisi will the HO ask you to provide ur wife/husband document? or just yours with the decree of nisi .