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
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Obie
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by Obie » Sun Dec 24, 2017 1:27 am
vinny wrote: ↑Sun Dec 24, 2017 1:22 am
I more or less repeated what Obie
wrote.
Your links are helpful indeed vinny. I just think they should use a bit more common sense.
Smooth seas do not make skilful sailors
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vinny
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by vinny » Sun Dec 24, 2017 1:30 am
Obie wrote: ↑Sun Dec 24, 2017 1:27 am
I just think they should use a bit more common sense.
Yes, indeed.
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Obie
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by Obie » Sun Dec 24, 2017 1:39 am
In Bali similar issue arose, where a person was required to be a qualified person before the 3 months period.
The issues here are different from Bali, but the tribunal will be bound to answer the question in the affirmative aswell.
http://www.bailii.org/uk/cases/UKUT/IAC ... 0_iac.html
Smooth seas do not make skilful sailors
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amro2012
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by amro2012 » Sun Dec 24, 2017 11:04 am
Thanks vinny and obie,
Is it correct if i will states in my declaration letter
i .....EEA national who resides in UK under European law as (qualified person) holder of EEA permanent residence declare that my father will join me in the UK.
Do i need to mention either qualified person or holder of permanant residence or its correct as above written?
According to EEA REGULATION 6,7,15 following documents enclose
- EEA national birth certificate and passport
- certified copy of PR
-father passport
- proofs of dependency.
Then on separate extra information i will copy what vinny mentioned about regulation 15.
Is that clear and correct please advise.
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vinny
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by vinny » Mon Dec 25, 2017 2:04 am
Given the ECOs’
flawed EEA Family Permit Guidance, it’s probably simpler to show that you are also a
qualified person.
However, request that they correct their EEA Family Permit Guidance to be consistent with the
EEA Regulations and
in-line with their other
Guidance, to prevent ECOs from repeating this embarrassing mistake.
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amro2012
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by amro2012 » Mon Dec 25, 2017 5:02 pm
Hi obie,vinny
Could you please help me to get answer regarding qualified person and doing part time.
If am doing part time work with permanent contract , AmI in this case qualified person?
Is there any problem when i wants to sponsor dependant father and having low income.
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vinny
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by vinny » Mon Dec 25, 2017 11:32 pm
See also
Part time working, low earnings, employment and self employment in EU law.
However, emphasise that the immportant point is that a person with PR doesn't need to be a qualified person. Their EEA Family Permit Guidance was flawed.
Perhaps it may be better to appeal and ask a Judge to instruct the UKVI to correct their EEA family Permit Guidance?
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amro2012
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by amro2012 » Mon Dec 25, 2017 11:55 pm
Thanks vinny,
I do agree with you and i will not submit anything regarding my employment as i mentioned in the declaration letter that i resides in UK in accordance with section 15 of EEA Regulations 2016.
I noticed they mentioned in EUN2.4 wrote
In assessing an application from EEA national extended family member, the ECO should consider whether:
1- the EEA national is residing in the UK in accordance with EEA Regulations as qualified person ( exercising treaty rights if more than 3 months or Has permanant right of residence.
However they didn't mentioned permanent residence when assessing application for direct family member....
How does it come...for sure there is mistakes here?
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amro2012
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by amro2012 » Tue Dec 26, 2017 12:05 am
Is it possible to sue the ECO and ask for damage while submitting an appeal.they are forcing me to appeal and caused me lots of distress regarding an issue which has been resolved previously by tribunal.
All the best
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amro2012
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by amro2012 » Thu Feb 01, 2018 5:42 pm
hi all,
just to update on my situation
I submitted new application with evidence from European regulations that holder of permanent resident doesnt need to proof that he is qualified person .
today received refusal that I did not provide any evidence that am qualified person, ex payslips and employer letter, bank statement ignoring again PR.
they accepted my father dependency and he is my father. Which was reasons of refusal on previous application
please advise , I can submit letter from my employer which is no problem.
what I should do now , it better to appeal submitting letter from employer or do again third application but they might refuse it again.
help please
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amro2012
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by amro2012 » Thu Feb 01, 2018 9:59 pm
any help will be useful
I stated all regulations as advised by obie ad vinny however ECO ignored it
regards
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vinny
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by vinny » Thu Feb 01, 2018 11:49 pm
The refusal was probably due to the
flawed guidance.
It’s also irrational to
refuse a person’s
initial right of residence when he has an extended right of residence under
14 wrote:(2) A person (“P”) who is a
family member of a
qualified person residing in the United Kingdom under paragraph (1)
or of an EEA national with a right of permanent residence under regulation
15 is entitled to remain in the United Kingdom for so long as P remains the family member of that person or EEA national.
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amro2012
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by amro2012 » Fri Feb 02, 2018 12:56 am
Thanks vinny,
I will go for appeal and I will submit an employer reference letter even I know it's not required. As am sure if I reapply again they will never change their decision.
Any help on preparing the grounds of appeal?
Currently am doing only reduced hours 20 hours per week due to being carer of my daughter, shall I submit reference letter and DWP letter that am carer or it's better No?
As part time employee is considered as qualified person under European regulations. I just don't want my father waiting for one year till will court hearing he is 70 years old??
Regards
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vinny
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by vinny » Fri Feb 02, 2018 1:03 am
amro2012 wrote: ↑Fri Feb 02, 2018 12:56 am
Any help on preparing the grounds of appeal?
The ECO’s Guidance was
flawed. The ECO failed to
interpret the
Regulations logically.
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amro2012
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by amro2012 » Fri Feb 02, 2018 9:22 am
Thanks vinny, I do agree with you however I don't know how to convince them without goingto the tribunal its tge second time to appeal and will be long waiting and they know that.
Very tired and upset...
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amro2012
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by amro2012 » Fri Feb 02, 2018 9:47 am
Any advise here
I did submitted online appeal can I resubmit new application of EEA family permit in meantime?
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vinny
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by vinny » Fri Feb 02, 2018 10:06 am
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given
links for further information. Refer to the source of any quotes.
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amro2012
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by amro2012 » Fri Feb 02, 2018 10:28 am
Thanks vinny
Hope I can get refund of appeal fees if application accepted.
Am on part time job hope it will be ok to consider as qualified person??
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vinny
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by vinny » Fri Feb 02, 2018 10:40 am
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given
links for further information. Refer to the source of any quotes.
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amro2012
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by amro2012 » Fri Feb 02, 2018 11:53 am
Thanks vinny for very useful information