EEA route good news at last !

[JAMES2000]

Hi everyone, good to be back once again.
I want to share my outcome so far.

I finally arrived UK with my 2 children from France after nearly 6 and half months.
Here's my stories...

We arrived in Paris on the 9/04/15, applied for CDEM on the 28/06/15 resident permit for minor issued a month after dated 9/07/15.

Registered for self-employed in June and the business runs for four months.l rented an apartment .
I booked a Megabus tickets fo 3 and we arrived at Calais .the French immigration wasn't any problem. we later approached the UK immigration which proves more difficulty.

The lady asked me what is my children coming to do in the UK, l simply told her they're coming for holiday and she asked for how long and l responded if they liked U.K. then they will end up staying if not they will go back to France.

She said do l know they need a visa to uk and l said no they don't need one as l am exercising my eu treaty right in France ,she asked for the following documents which l provided I.e
Rent agreement,business registration certificate,bank statement, business receipts, kids school certificates.etc She checked my and said you only worked in France for 4 months ? And l replied yes.

She later asked me and the kids to take a seat. She went into the office and back after 15minutes and there passports were stamped with inscription _ admitted to UK under eea registration 2006 for 6 months. She advised me to apply for their RC before the 6 months runs out .

Then we proceed to the ferry for onward journey to the UK.

To this end, l am really delighted and more so thanks all the members of this forum for their meaningful advice.

God bless everyone.

[noajthan]

Noteworthy and inspiring news.

[rajib4u]

Hi James.. congrats getting your kids in UK. I got a question. I am a husband of an eea national. We are also considering this route now. But I have little bit confusion with the whole process at the port. Can I take a bus direct from paris to london and on our way manage to get the entry from the port or we have to get off at calais port first to get the port entry and take another bus or ferry to london? Thanks

[JAMES2000]

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.

[noajthan]

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.

Entry to UK is not the same as guarantee of a RC.

See HO's own SS & centre of life guidance here:
https://www.gov.uk/government/uploads/s ... dacted.pdf
- it appears applicants have an in-country right of appeal.

According to the UK's approach, you clearly need to be able to demonstrate, unimpeachably, that your family's centre of life was moved to France.

More on that vital topic here:
https://blogs.kent.ac.uk/eu-rights-clin ... ngh-route/

Also: https://www.freemovement.org.uk/surinde ... -refusals/

You may have grounds to appeal as the UK's approach (imposition of centre of life requirements) is controversial; it is not in the spirit of free movement and is in violation of case law in this area.

[JAMES2000]

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.

[noajthan]

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.

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.

You will need to refute or overcome the HO objections, one by one.
You could make a case based on EU Regulations & Directive & case law.

[Casa]

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#p1242504

Your situation may be perceived as more complex than some, with what I believe noajthan may say has 'left the HO with some wriggle room'. For instance, did you continue with your plan to leave your wife and other children in the UK while you visited them during your time in France? If you had genuinely moved the centre of your life there, they would have been expected to move with you. If you appeal you will have to be prepared to explain why a six year property rental was shortened to a few months and what income self-employment generated. Were you registered for tax and paying any dues in France?
Be wary of showing that you were aware of your rights with SS before relocating to France. There have been refusals due to the sponsor 'circumventing the Immigration Rules' by intentionally using Surinder Singh to do so.

[JAMES2000]

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?

Casa, about my ex wife, we have separated since last year Mat due to persistent problem from my step children, we both lives separately.though we have not officially divorce.

How do l prove an EU case law, l think l need the service of a solicitor.

[Casa]

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?

[CR001]

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?

@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.

http://www.immigrationboards.com/eea-ro ... 94445.html

[Casa]

@CR001 Yes, but he now says he's been separated from his wife and step children since last May. I assume thereby claiming the reason they didn't move with him to France. I warned him against this in the original thread.
I'm trying to ascertain whether he actually earned anything while self employed and if so whether it would meet the minimum required to be considered as genuine. Reading through all previous posts, there has been a fair amount of conflicting information throughout. Although he now mentions a problem with step-children, he previously said "I am married to a British citizen with a 5 years old daughter."

[JAMES2000]

Cas, l registered for self-employed in France on the 10/05/15 and end trading on the 10/10/15. The tax office gave me an estimated tax which l paid, copy of the bank payment and the estimated sheet from France RSI office.
All this were enclosed on the documents to the HO.

[Casa]

Forget about the estimated tax...how much can you show as earnings per month during the time you were self-employed?

[noajthan]

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.

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.

To do this you will have to bring in the big guns.
Case law is on your side on several points but you will need a skilled practitioner to be your champion.

If you manage to pull this off, & cut down or consign the c-o-l test to dustbin of history, generations of subsequent SS-ers will be in your debt.

However simply filing an appeal without boosting your case & just hoping some other official sees it differently is, on balance of probabilities, likely to fail. As is filing a fresh application without reworking or boosting your bundle.

[JAMES2000]

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.

[noajthan]

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.

Sounds promising and good to hear positive news.
Sincerely hope justice prevails for sake of you and family.