Legacy cases. EEA2 or CoA ? which way ?help plz

[elevendi]

hello everyone

Last july 2007 we applied for CoA Certificate of Approval, recently we wanted to put the application on hold while applying for her Registration Certificate EEA1,
but we have been left with no choice then just withdraw the application if we wanted our passports back.
so we have withdraw the CoA application
they have returned my documents but they kept my passport and the signed Affidavits provided for CoA Application

[An affidavit is a formal sworn statement of fact, signed by the declarant (who is called the affiant or deponent) and witnessed (as to the veracity of the affiant's signature) by a taker of oaths, such as a notary public. The name is Medieval Latin for he has declared upon oath.]


HO letter with returned documents says;

thank you for your correspondace of February 2008 in which you have requested the withdrawal of CoA and return your documents

...[omitted]

you have been served with an IS151A on 2001 you have also been served with an IS151B on the same year as an illegal entrant who does not have or has ceased to have a right to reside under the immigration (European Economic Area) regulation 2006

we have forwarded your passport and other documents to the LEO that serves the area you live in. we have now informed that you'll be contacting them to request your document and/ or to arrange your departure from the United kingdom

...[omitted]


-i am an Algerian came to UK in 2000
-i met my partner in 2004 she is from EEA. currently she hold her Residency Card under WRS
-we have a kid going 3yrs old next summer
-i have marriage certificate from religious center dated from the beginning of 2005
-wrote to my MP over a month now with no reply yet

my questions
does someone with some legal knowledge knows if i could qualify as an exceptional circumstance under Legacy or Case Resolution Exercise under which families receive ILR ?

either ways what are my options?

what i have to do now?

- i can't offer to travel back to Algeria to get married there.

also,
could someone advise about a good solicitor who dealt with cases like mine?

thank you very much

[salimnina]

sorry l no answer but l'll push this post up may be someone will pay attention all the best

[thsths]

Last july 2007 we applied for CoA Certificate of Approval,

I think applying for a CoA was a mistake. They did realise your status, and they may now decide to start administrative removal. If you can afford it, you should get a lawyer, quickly. It sounds like the process has been started to get you out of the country, and you have to act before it comes to a conclusion. Have a look around on the board, several lawyers are actively participating.

"you have been served with an IS151A on 2001 you have also been served with an IS151B on the same year as an illegal entrant who does not have or has ceased to have a right to reside under the immigration (European Economic Area) regulation 2006"

This sounds like they have the time line completely mixed up. How could the rules from 2006 possibly apply in 2001?

So I think you should apply for a Residence Card using form EEA2. I am not sure, whether that will be successful, but it should by you some time, and it is free. You do not have the passport, but obvious "they" have it, so I would let them worry about that. If you are prepared to fight your case, you have an excellent chance of getting the Residence Card.

-i met my partner in 2004 she is from EEA. currently she hold her Residency Card under WRS

Has she completed 12 months working in the UK? In the end it makes little difference, but it would improve your situation slightly.

does someone with some legal knowledge knows if i could qualify as an exceptional circumstance under Legacy or Case Resolution Exercise under which families receive ILR?

I think the chances under UK law are very slim, so you should stick to the EU law.

- i can't offer to travel back to Algeria to get married there.

Well, here is the good news: under EU law you do not have to. And once you have a Residence Card, you can get married in the UK or any other country, and things should be fine.

Tom

[elevendi]

first of all, a huge thanks for thsths and slimanima, i really appceciate your replies

i've seen a solicitor and he advised me to apply again for CoA! plus, that i have to make new Affidavits, because according to him Home Office might have distroyed Affidavits!

i don't understand the rules of the immigration but i cannot figure out how a solicitor have come to this conclusion? the Home Office have sent me back most or of the documents, bills, letters from Inland Revenue,
bank statements, family pictures, letters from college, and all other usual letters...ect ,but they kept a legal costy document (Affidavits) and distroyed it!
sorry but it was a bit hard to swallow the logic behind this!

... from the start the solicitor have even suggested to apply for CoA without Affidavits
well, as far as i understand Affidavits is a legal requirement document for the CoA application, which makes no sense applying without it because
it will simply delay the proccess of my application or they might even simply get CoA turned down
when i made the solicitor aware of this, then he proposed to make new Affidavits in suggestif tone

Has she completed 12 months working in the UK? In the end it makes little difference, but it would improve your situation slightly.

well, regarding my partner yes she's been working for years now, under work registration scheme, and recently she applied for EEA1 and she's been issued with Registation Card
---


i am still confused about what i have to do next??? i know i have to do something quick but also i want it to be the right thing!

I think applying for a CoA was a mistake. They did realise your status, and they may now decide to start administrative removal. If you can afford it, you should get a lawyer, quickly. It sounds like the process has been started to get you out of the country, and you have to act before it comes to a conclusion.

do i just need to go with CoA again, or maybe apply for EEA2 instead???


thank you, looking forward to a reply

[thsths]

i am still confused about what i have to do next?

Since you want to get married, you should probably do it outside of Britain. What about her home country, or some other European country? You have to see how it works there, but it would be much easier than getting married in the UK.

I know that you want to stay in the UK, but without a legal status you cannot get a CoA, and you also do not qualify as an unmarried partner. So there is little you can do here. If you get married abroad, it should all be easy, because you have a right to come to the UK as a family member.

Tom

[elevendi]

thanks thsths for your prompt reply!

i wish if i could travel and marry outside UK but here's the problem i am not even able to do that (for several reasons)

i thought CoA with its new regulation does consider people like me! ... i've got an appointment tomorrow for signing new Affidavits and CoA! ( am i just wasting money and time?)

-is the marriage a requirement for EEA2?

-does someone need to be legally here to qualify as an unmarried partner?

are they any exceptions to these rules?

just a thought...(we have a ceremony religeous marriage, we've been together since 2004 and we have a 3 yr old little boy) doesn't all this maybe qualify someone for an exception within the immigration rules???

[tasha75]

elevendi,
were you given the right to appeal?
I was in a similar position last year. My original application based on 7-year rule was refused but I was given the right to appeal. Me- non EEA, my partner of 4 years is EEA national and a 1.5 y.o. child at the time of appeal (now we have two kids).
The appeal was based on Human rights (family life) but using the European law and Baumbast and Chen case laws (or whatever they called) and we won it and I was allowed to stay.
But from what I understood at the hearing, had my partner been British or at least settled here, I would be nevertheless expected to go back and reapply to re-enter on whatever basis, e.g. fiance or spouse visa.
But as he hasn't been here long enough to acquire a right to permanent residence, and we are not married, then there is no Immigration rule in respect of which I could seek entry clearance.

[elevendi]

thanks for your reply tasha75

i haven't applied yet for EEA2 , I've withdrew the CoA (certificate of Approval) after 7 months of waiting, now i been told that i have to apply for it again, i just feel like it's going to lead me to the same thing, a long wait with possibility to be turned down in the end.

if you meant my asylum claim, then yes, i got one of those letters where I've been given 10 days time to appeal the court decision, i believe it was around February 2003

i found the European law and Baumbast and chen case very interesting one, it does indeed include some similarities with my situation, is applying for EEA2 the right way to go by this law? or again the same question do i need to apply for CoA first and then EEA2?

link for Baumbast & chen case :
Expanding the Residency Rights of Non-Nationals in the European Community.
http://ilr.lls.edu/documents/Article329.2King.pdf

thanks

[salimnina]

all the best

[salimnina]

thanks for your reply tasha75

i haven't applied yet for EEA2 , I've withdrew the CoA (certificate of Approval) after 7 months of waiting, now i been told that i have to apply for it again, i just feel like it's going to lead me to the same thing, a long wait with possibility to be turned down in the end.

if you meant my asylum claim, then yes, i got one of those letters where I've been given 10 days time to appeal the court decision, i believe it was around February 2003

i found the European law and Baumbast and chen case very interesting one, it does indeed include some similarities with my situation, is applying for EEA2 the right way to go by this law? or again the same question do i need to apply for CoA first and then EEA2?

link for Baumbast & chen case :
Expanding the Residency Rights of Non-Nationals in the European Community.
http://ilr.lls.edu/documents/Article329.2King.pdf

thanks

can anyone please elaborate on this please
http://ilr.lls.edu/documents/Article329.2King.pdf

[elevendi]

at last! after one month I've been granted the CoA! this is second time i 've applied for it

[4444]

at last! after one month I've been granted the CoA! this is second time i 've applied for it

congratulations elevendi.