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if EEA2 refused. can we stay or re apply?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

Robertk
Newly Registered
Posts: 11
Joined: Thu May 04, 2017 2:03 pm

Re: if EEA2 refused. can we stay or re apply?

Post by Robertk » Sun May 07, 2017 9:08 pm

Hi ,I am a EU family member and my timeline is :
15th June 2016 ENTERED UK (leave to Remain)
10th September 2016 applied for EEA FM
15th december 2016 my visa experied
22th February 2017 EEA FM was refused with right to appeal or a right to a further application
20th March 2017 new EEA FM apllication
28th April 2017 received a removal letter (HO Sheffield) , I must leave UK in 7days
03th May 2017 contacted my solicitor and we sent a letter to HO Shefflield
to contact the HO Liverpool.
04th May 2017 Sent an email to HO asking about my biometrics letter
I asked my solicitor if I must leave or remain in the UK . He said that I must remain .
I have many doubts about what I must do with this case. Is there anyone that could suggest what could I do?

User avatar
Casa
Moderator
Posts: 25756
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: if EEA2 refused. can we stay or re apply?

Post by Casa » Sun May 07, 2017 9:39 pm

Robertk wrote:Hi ,I am a EU family member and my timeline is :
15th June 2016 ENTERED UK (leave to Remain)
10th September 2016 applied for EEA FM
15th december 2016 my visa experied
22th February 2017 EEA FM was refused with right to appeal or a right to a further application
20th March 2017 new EEA FM apllication
28th April 2017 received a removal letter (HO Sheffield) , I must leave UK in 7days
03th May 2017 contacted my solicitor and we sent a letter to HO Shefflield
to contact the HO Liverpool.
04th May 2017 Sent an email to HO asking about my biometrics letter
I asked my solicitor if I must leave or remain in the UK . He said that I must remain .
I have many doubts about what I must do with this case. Is there anyone that could suggest what could I do?
Instead of tagging your post onto another member's thread, please open your own topic (if you haven't already done so) and post there.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

User avatar
Casa
Moderator
Posts: 25756
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: if EEA2 refused. can we stay or re apply?

Post by Casa » Sun May 07, 2017 9:41 pm

zazii wrote:
Casa wrote:
zazii wrote:
Casa wrote:You can do either, but a new application is likely to be a quicker process than an appeal.

An appeal or a new application must be made within 14 days of the refusal to avoid being an overstayer.
could i do it at the same time?
One or the other from within the UK. Not both at the same time.
if we appeal and then re-apply within 14 days. is it illegal? since some user in this forum did it.
You will have to withdraw your appeal if you submit a new application. It's only possible to appeal and re-apply if you are outside of the UK.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

zazii
Newbie
Posts: 37
Joined: Mon May 01, 2017 9:58 am

Re: if EEA2 refused. can we stay or re apply?

Post by zazii » Mon May 08, 2017 12:09 pm

NEW questions

how many time we can apply for eea2? for example 3 times?

can we re-apply until brexit date in 2019?

zazii
Newbie
Posts: 37
Joined: Mon May 01, 2017 9:58 am

Re: if EEA2 refused. can we stay or re apply?

Post by zazii » Tue May 09, 2017 9:08 am

can anybody answer?please

tequilabird
Newly Registered
Posts: 24
Joined: Mon May 22, 2017 4:50 pm

Re: if EEA2 refused. can we stay or re apply?

Post by tequilabird » Wed May 31, 2017 10:15 am

I know someone who applied for FLR (M) from within the UK after a UKRC refusal. They applied on the premium service and it was granted.

I have been trying to find out about this too as I am interested in switching, but she is the only person I know who has done this so I'm wondering if it was just a stroke of luck.

EEA (FM) refusal letters state you can apply for FLR (M), but the area of whether or not you have valid leave to remain if you are refused is a grey area which nobody seems to be able to clarify, not even the Home Office.

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