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There are two potential problems, because you are an extended family member (unmarried partner). The first one is that you do not automatically get a right of residence, so you do not have a legal status at the moment. That may be used as an excuse to refuse the Residence Card. The second problem is that you have not been together for the required two years. I would consider the child to demonstrate sufficient commitment, but this is a question of judgment. I would give it a try anyway, since it will secure your status for quite a while (until all options to appeal are exhausted).farneybunny wrote:WE have kick-start on the application form but I would appreciate it if anyone can advice me on the chances and what I should do to strengthen my application so they will not have any reason to reject me although I'm only considered as extended family member? We are planning to submit both his EEA1 application and my EEA2 application together.
No, this was not the reason for my rejection. Quite contrary, my appeal was allowed because of this. Had he been here long enough to acquire the right to permanent residence then the appeal would have been dismissed as I would have been expected to go back home and apply for EC.farneybunny wrote:... in your case (correct me if i'm wrong, but your partner wasn't here long enough to acquire a premanent resident and that's why you got rejected?)
You know,HO doesn't care at all. But it might be viewed as compelling or exceptional circumstances when it'll come to court. Again, from my case - I have noone left in my country, my children are mixed race and my country is well known for facial hatred, still the HO didn't care. But it was favourably viewed in court..
The other reason I did not mention is I'm a muslim and my partner is a catholic and my family did not want anything to do with me or the baby so if i were to go back, where am i supposed to live?
I am afraid you'll find it that they can. You'll be givemn an option of leaving your child here, while you are going home to apply for the EC, or to take s/he with you. The child is free to stay or go, but you are not. This was put in my rejection letter. Even though both my kids were born here as well.surely they cannot deport me home as what is going to happen to my baby? He was born here?
Good to see you around, Tasha. I see that you are well on your way to becoming an immigration consultant...tasha75 wrote:No, this was not the reason for my rejection. Quite contrary, my appeal was allowed because of this. Had he been here long enough to acquire the right to permanent residence then the appeal would have been dismissed as I would have been expected to go back home and apply for EC.farneybunny wrote:... in your case (correct me if i'm wrong, but your partner wasn't here long enough to acquire a premanent resident and that's why you got rejected?)
You know,HO doesn't care at all. But it might be viewed as compelling or exceptional circumstances when it'll come to court. Again, from my case - I have noone left in my country, my children are mixed race and my country is well known for facial hatred, still the HO didn't care. But it was favourably viewed in court..
The other reason I did not mention is I'm a muslim and my partner is a catholic and my family did not want anything to do with me or the baby so if i were to go back, where am i supposed to live?
Seek professional advice in this case. But as I said, if you decide to put an application in-country - prepare for a long and costly fight
I am afraid you'll find it that they can. You'll be givemn an option of leaving your child here, while you are going home to apply for the EC, or to take s/he with you. The child is free to stay or go, but you are not. This was put in my rejection letter. Even though both my kids were born here as well.surely they cannot deport me home as what is going to happen to my baby? He was born here?
What citizenships does the child have? UK and Italian? You may want to apply particularly for the Italian passport of the bouncing baby, which would always give you the option of using Chen to remain http://eumovement.wordpress.com/2007/02/09/chen-case/ Your partner would of course not be prevented from working, though you might not be able to work if you went this route.farneybunny wrote:The only thing we have for our baby is the birth certificate.
Moi? An immigration consultant? Aren't we all hereTwin wrote: Good to see you around, Tasha. I see that you are well on your way to becoming an immigration consultant...
Aaaah, thank you my dear. I don't always have time to write, but I try to read on here most of the days, and I follow your story closely and pray that you'll finally be successful. May God help you.How's the new life? The baby and the new house? I'm sure you're loving it. Please stay around for longer, I've missed you.
I think that is an excellent idea. Even if you do not have a durable relationship with your partner, certainly you do have one with your child! This seems to be the essence of Chen, which defines a right of residence *and parental care* for the child.Directive/2004/38/EC wrote:What citizenships does the child have? UK and Italian? You may want to apply particularly for the Italian passport of the bouncing baby, which would always give you the option of using Chen to remain http://eumovement.wordpress.com/2007/02/09/chen-case/
Thank you for atleast giving me a lilttle bit of hope instead of deciding whether I will get it or not like most people in here do. We are planning to get him an Italian passport and this hopefully, will happen within the next few days. I would really appreciate it if you can let me know if there are other things I need or can do to strengthen my application.Directive/2004/38/EC wrote:
What citizenships does the child have? UK and Italian? You may want to apply particularly for the Italian passport of the bouncing baby, which would always give you the option of using Chen to remain http://eumovement.wordpress.com/2007/02/09/chen-case/
I am planning to mention both my partner and baby in the application which include sending my baby's birth certificate and also hopefully, supporting letters from GP, Midwife, my partner's mom and a friend of ours just to clarify that this is a genuine relationship. Also, what do you mean by the form I have to pick up? I thought the EEA2 form is the one I need?I would certainly mention both your partner and your baby in the application. I guess for the form you have to pick one as your sponsor, but if it goes to court, the whole situation is considered
Yes, EEA2 is the correct form. But it has only one field for your sponsor (the "EEA national"), so you should probably put your partner there. You can still mention your baby in a cover letter, and you should make it clear that you also apply as the parent of the baby.farneybunny wrote:Also, what do you mean by the form I have to pick up? I thought the EEA2 form is the one I need?
My thoughts exactly. The child is likely to be a citizen of three countries: the UK, Italy and the country of the OP.Directive/2004/38/EC wrote:What citizenships does the child have? UK and Italian? You may want to apply particularly for the Italian passport of the bouncing baby, which would always give you the option of using Chen to remain http://eumovement.wordpress.com/2007/02/09/chen-case/farneybunny wrote:The only thing we have for our baby is the birth certificate.
.I would probably not include a photocopy of the baby’s passport, just it’s birth certificate.
Interesting question.farneybunny wrote:Is there any particular reason why I shouldn't? I did think of saving it until I'm forced to bring out more evidence but on second thoughts I thought it would be best to show them everything I have got so they won't have any reason to reject my application, no?
Sorry if you felt that way but it is not up to us, forum members to decide whether you should be issued with a LTR or not. I can't speak for everyone but having been in a similar situation myself I wouldn't wish it to anyone, especially someone like you with a small baby. You have enough sleepless nights as it is. But the thing is when it comes to the Home Office I hold no illusion. That bunch of robots are notorious for rejecting many (most?) applications that are just a bit out of the standard requirements. I've seen many strong applications on this forum over the past few years which unfortunately got rejected.farneybunny wrote: Thank you for atleast giving me a lilttle bit of hope instead of deciding whether I will get it or not like most people in here do
If you are planning on using Chen, then the baby will need a health insurance. Even if you are not planning on using Chen immediately, I think it would be a good idea to get a health insurance now, so when the time comes it will not look as if you've taken the insurance just for application purposes.farneybunny wrote: I would really appreciate it if you can let me know if there are other things I need or can do to strengthen my application.
I don't know about your chances but what I said earlier was actually written in my rejection letter -farneybunny wrote:I have been told that there are chances of me being deported without my baby, is that true?
Do you think that NHS is enough? Why then my barrister and the judge specifically asked about private health insurance when (almost) every EU child would be entitled to NHS.Directive/2004/38/EC wrote:The baby has health insurance NHS through the father.
Interesting point. I now wonder what type of LTR would be issued if the application is based on Chen?Directive/2004/38/EC wrote: My concern is that you advertise that you are also Chen compatible, then there is an increased possibility of BMI worker deciding to give you Chen rather than the Residence Card. If they do not have that option, then they might be more likely to just issue the normal Residence Card.
I suspect that in any case they will just issue the Residence Card.
You couldn't have said it better! I am a living testimony of all you've written up there!tasha75 wrote:Sorry if you felt that way but it is not up to us, forum members to decide whether you should be issued with a LTR or not. I can't speak for everyone but having been in a similar situation myself I wouldn't wish it to anyone, especially someone like you with a small baby. You have enough sleepless nights as it is. But the thing is when it comes to the Home Office I hold no illusion. That bunch of robots are notorious for rejecting many (most?) applications that are just a bit out of the standard requirements. I've seen many strong applications on this forum over the past few years which unfortunately got rejected.farneybunny wrote: Thank you for atleast giving me a lilttle bit of hope instead of deciding whether I will get it or not like most people in here do
I didn't intend to scare you, however if you are planning on applying in-country then you have to be prepared for the fight. But as the saying goes "prepare for the worst but hope for the best".