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
-
b1sh4l
- Newbie
- Posts: 37
- Joined: Thu Jan 11, 2018 10:13 am
![Nepal Nepal](./ext/rmcgirr83/nationalflags/flags/np.png)
Post
by b1sh4l » Thu Jan 18, 2018 12:49 pm
Obie wrote: ↑Thu Jan 18, 2018 12:20 pm
This solicitor is clearly leading you in the wrong path. This whole thing will only end in tears. You need to cut your losses and flee.
Thanks obie .That’s what I’m thinking . I’m not satisfied with his service at all . Even in my judicial review the judge has mentioned that “ why I didn’t apply for EEA Application ? And my claim upon human right was very weak and had no prospect of succeeding .
-
Obie
- Moderator
- Posts: 15163
- Joined: Tue Apr 21, 2009 1:06 am
- Location: UK/Ireland
![Ireland Ireland](./ext/rmcgirr83/nationalflags/flags/ie.png)
Post
by Obie » Thu Jan 18, 2018 12:52 pm
b1sh4l wrote: ↑Thu Jan 18, 2018 12:49 pm
Obie wrote: ↑Thu Jan 18, 2018 12:20 pm
This solicitor is clearly leading you in the wrong path. This whole thing will only end in tears. You need to cut your losses and flee.
Thanks obie .That’s what I’m thinking . I’m not satisfied with his service at all . Even in my judicial review the judge has mentioned that “ why I didn’t apply for EEA Application ? And my claim upon human right was very weak and had no prospect of succeeding .
At least you will not say i did not allude to that in my reply, before the judge said so.
Smooth seas do not make skilful sailors
-
b1sh4l
- Newbie
- Posts: 37
- Joined: Thu Jan 11, 2018 10:13 am
![Nepal Nepal](./ext/rmcgirr83/nationalflags/flags/np.png)
Post
by b1sh4l » Thu Jan 18, 2018 1:04 pm
When my solicitor first filed the case while I was in detention,He had given no evidence or proof to Home office supporting my case . It was just words from mouth written in papers . Even in the judicial review nothing was sent to the court like no evidence or proof .
It was until I got a notice under section 120 from HO 2 weeks ago . That was the only time when my solicitor sent proof and evidences.
-
Obie
- Moderator
- Posts: 15163
- Joined: Tue Apr 21, 2009 1:06 am
- Location: UK/Ireland
![Ireland Ireland](./ext/rmcgirr83/nationalflags/flags/ie.png)
Post
by Obie » Thu Jan 18, 2018 1:29 pm
Sorry to hear that. Very sad.
Smooth seas do not make skilful sailors
-
b1sh4l
- Newbie
- Posts: 37
- Joined: Thu Jan 11, 2018 10:13 am
![Nepal Nepal](./ext/rmcgirr83/nationalflags/flags/np.png)
Post
by b1sh4l » Thu Jan 18, 2018 1:36 pm
Obie wrote: ↑Thu Jan 18, 2018 1:29 pm
Sorry to hear that. Very sad.
Thanks for you sympathy obie . Please advice me on what step I should take next ?
-
Obie
- Moderator
- Posts: 15163
- Joined: Tue Apr 21, 2009 1:06 am
- Location: UK/Ireland
![Ireland Ireland](./ext/rmcgirr83/nationalflags/flags/ie.png)
Post
by Obie » Thu Jan 18, 2018 2:35 pm
All I can say is that the JR does not seem to have much merits.
Smooth seas do not make skilful sailors
-
b1sh4l
- Newbie
- Posts: 37
- Joined: Thu Jan 11, 2018 10:13 am
![Nepal Nepal](./ext/rmcgirr83/nationalflags/flags/np.png)
Post
by b1sh4l » Sat Jan 27, 2018 11:56 am
Hi obie
Please help me .
24 jan Wednesday -
went for signing to lunar house . Got detained and served with flight ticket . When I told them that I still have oral hearing pending with Upper tribunal they said that it’s not in their system . Took me to brook house detention centre .
25 jan Thursday
when I spoke with my solicitor while I was in detention he said he will apply for temporary admission/BAIL and said that it will cost me £1200
I had no other option I asked my partner to transfer the money to his account.
26 jan Friday
Immigration officer called me for an interview at 9:30 am in detention centre . Explained her everything about my case . Later at 3:30 I was called again by an immigration officer - she said I’m being released .
So I wanted to know, why I was released ? Is it because that my solicitor applied for temporary admission or because of my Oral hearing that’s pending ? Because when I told my solicitor that he has to refund us 1200 back he said he will charge me £600 for temporary admission that he filed for me . Do solicitor normally charge for temporary admission fee to their clients ?
Thanks for reading .
-
Richard W
- - thin ice -
- Posts: 1949
- Joined: Wed Oct 17, 2012 4:25 am
- Location: Stevenage
![England England](./ext/rmcgirr83/nationalflags/flags/eng.png)
Post
by Richard W » Sat Jan 27, 2018 12:56 pm
Obie wrote: ↑Fri Jan 12, 2018 12:50 pm
That is not correct. There is no appeal rights for Extended family members. Only those extended family members who received an EEA decision before the 01-02-2017 are covered by the Court of Appeal ruling.
Don't claimed durable partners have a right of appeal under
Regulation 36(3)(b)(ii)?
36.—(1) The subject of an EEA decision may appeal against that decision under these Regulations.
<snip>
(3) If a person claims to be in a durable relationship with an EEA national, that person may not appeal under these Regulations without producing—
(a)a valid passport; and
(b)either—
(i)an EEA family permit; or
(ii)sufficient evidence to satisfy the Secretary of State that the person is in a relationship with the EEA national.
@B1sh4l, have you yet applied for residence under the EEA Regulations as Obie advised?
-
b1sh4l
- Newbie
- Posts: 37
- Joined: Thu Jan 11, 2018 10:13 am
![Nepal Nepal](./ext/rmcgirr83/nationalflags/flags/np.png)
Post
by b1sh4l » Sat Jan 27, 2018 2:08 pm
Thanks Richard.
No I haven’t applied yet . Do you think I should now ???
-
Obie
- Moderator
- Posts: 15163
- Joined: Tue Apr 21, 2009 1:06 am
- Location: UK/Ireland
![Ireland Ireland](./ext/rmcgirr83/nationalflags/flags/ie.png)
Post
by Obie » Sat Jan 27, 2018 2:12 pm
You were released because the solicitor failed to notify home office of renewal notice as he should. Once that is done, home office felt the need to release you, as removal is not imminent.
I do think the renewal is totally without merit, based on the facts you told us on this thread.
Smooth seas do not make skilful sailors
-
b1sh4l
- Newbie
- Posts: 37
- Joined: Thu Jan 11, 2018 10:13 am
![Nepal Nepal](./ext/rmcgirr83/nationalflags/flags/np.png)
Post
by b1sh4l » Sat Jan 27, 2018 2:25 pm
Obie wrote: ↑Sat Jan 27, 2018 2:12 pm
I do think the renewal is totally without merit, based on the facts you told us on this thread.
Thanks obie .
What do you mean by this ??
-
Casa
- Moderator
- Posts: 25768
- Joined: Wed Jul 23, 2008 3:32 pm
![United Kingdom United Kingdom](./ext/rmcgirr83/nationalflags/flags/gb.png)
Post
by Casa » Sat Jan 27, 2018 7:03 pm
You may want to read this regarding changes to temporary admission and then discuss it with your solicitor who should already be aware.
http://www.righttoremain.org.uk/legal/c ... uary-2018/
(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.
-
b1sh4l
- Newbie
- Posts: 37
- Joined: Thu Jan 11, 2018 10:13 am
![Nepal Nepal](./ext/rmcgirr83/nationalflags/flags/np.png)
Post
by b1sh4l » Sun Jan 28, 2018 1:31 pm
Thanks casa for your time and advice . I read the article but I couldn’t understand what that really means .
-
Casa
- Moderator
- Posts: 25768
- Joined: Wed Jul 23, 2008 3:32 pm
![United Kingdom United Kingdom](./ext/rmcgirr83/nationalflags/flags/gb.png)
Post
by Casa » Sun Jan 28, 2018 2:24 pm
b1sh4l wrote: ↑Sun Jan 28, 2018 1:31 pm
Thanks casa for your time and advice . I read the article but I couldn’t understand what that really means .
In which case, ask your Solicitor to explain. Unless Obie is able to comment.
![Idea :idea:](./images/smilies/icon_idea.gif)
(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.
-
b1sh4l
- Newbie
- Posts: 37
- Joined: Thu Jan 11, 2018 10:13 am
![Nepal Nepal](./ext/rmcgirr83/nationalflags/flags/np.png)
Post
by b1sh4l » Wed May 02, 2018 3:33 pm
Is is possible to postpone my oral hearing??
-
b1sh4l
- Newbie
- Posts: 37
- Joined: Thu Jan 11, 2018 10:13 am
![Nepal Nepal](./ext/rmcgirr83/nationalflags/flags/np.png)
Post
by b1sh4l » Wed May 02, 2018 3:58 pm
b1sh4l wrote: ↑Wed May 02, 2018 3:33 pm
Is is possible to postpone my oral hearing??
I had a stroke last month so I was wandering if I could postpone my oral hearing. Please give me some advice. Thanks
-
Obie
- Moderator
- Posts: 15163
- Joined: Tue Apr 21, 2009 1:06 am
- Location: UK/Ireland
![Ireland Ireland](./ext/rmcgirr83/nationalflags/flags/ie.png)
Post
by Obie » Wed May 02, 2018 4:00 pm
Seek an adjournment, provide medical evidence and the matter will be adjourned.
Smooth seas do not make skilful sailors
-
b1sh4l
- Newbie
- Posts: 37
- Joined: Thu Jan 11, 2018 10:13 am
![Nepal Nepal](./ext/rmcgirr83/nationalflags/flags/np.png)
Post
by b1sh4l » Fri May 04, 2018 9:20 am
So my solicitor has withdrawn the oral hearing hearing . And now I don’t have any case pending with home office. My next signing in on 23rd of may . What should I do ? I asked here before if I am eligible for an eea application even though I don’t have enough evidence from last 2 years . Just few emails from 2015 and lots of pictures with her and her family members. We have bills on our name from last 6 months though And my partner hasn’t got her divorce paper yet . Eea is the only application that could MAY BE help me now . I don’t want to hire a solicitor I want to file the application myself. Please give me some advice . If it’s a good idea ? Thank you .
-
b1sh4l
- Newbie
- Posts: 37
- Joined: Thu Jan 11, 2018 10:13 am
![Nepal Nepal](./ext/rmcgirr83/nationalflags/flags/np.png)
Post
by b1sh4l » Sat May 05, 2018 2:16 pm
I got rid of the solicitor who was representing me before. I’ve enquired with couple of solicitor and after going through my documents they are asking me to apply a fresh application based on human rights . Not sure if it’s just a waste of money because my oral hearing has been withdrawn already so is it just a waste of money and time ? Please give me some advice . I’m just worried that when I go for my next signing they will detain me again or try to send me back to my country?
-
Obie
- Moderator
- Posts: 15163
- Joined: Tue Apr 21, 2009 1:06 am
- Location: UK/Ireland
![Ireland Ireland](./ext/rmcgirr83/nationalflags/flags/ie.png)
Post
by Obie » Sat May 05, 2018 3:22 pm
If you were worried about the situation at next signing, they you should not have withdrawn your appeal rights, the only opportunity you have to present your case before an independent tribunal.
Smooth seas do not make skilful sailors
-
b1sh4l
- Newbie
- Posts: 37
- Joined: Thu Jan 11, 2018 10:13 am
![Nepal Nepal](./ext/rmcgirr83/nationalflags/flags/np.png)
Post
by b1sh4l » Thu May 10, 2018 7:35 pm
Hi obie thanks for your reply . Please advice me what I should do next . Should I file an eea application ?
-
b1sh4l
- Newbie
- Posts: 37
- Joined: Thu Jan 11, 2018 10:13 am
![Nepal Nepal](./ext/rmcgirr83/nationalflags/flags/np.png)
Post
by b1sh4l » Tue May 15, 2018 1:14 pm
I have a polish girl friend and we are living together for over 2 years now but we don’t have enough proof to prove home office that we’ve stayed together like bills and joint account etc . I’ve only got gas and electricity on my name at the same address for last 6 months and her divorce is still pending with the court.
-
CR001
- Moderator
- Posts: 87654
- Joined: Thu Mar 08, 2012 10:55 pm
- Location: London
- Mood:
![South Africa South Africa](./ext/rmcgirr83/nationalflags/flags/za.png)
Post
by CR001 » Tue May 15, 2018 1:22 pm
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.
-
b1sh4l
- Newbie
- Posts: 37
- Joined: Thu Jan 11, 2018 10:13 am
![Nepal Nepal](./ext/rmcgirr83/nationalflags/flags/np.png)
Post
by b1sh4l » Wed Jun 06, 2018 10:25 pm
I ve applied for extended family member on 21st of may . How long do I have to wait for biometrics ? I’ve already got an email conformation from home office that they have received my application.