Need help guys extended family member case please please pleasse help guys

[Duff]

Was the Tribunal not informed before granting the appeal, that the EEA national had died.

Please I need advice, I applied as efm of my brother who is eea national, but was refused, I got a court hearing in February, my brother became EU citizen 5 months after I arrived in the UK, but he was the spouse of an EU national before I arrived. Him and his wife sponsored me prio entry to the UK to study. But only the wife was the EU citizen at the time. And he became EU citizen 5 months after my entry. My question is, can I rely on the prio depency on him, because I already joined him here in the UK. Please advise. Thanks

[Obie]

No you can't, unless your application was made before 2017.

[Duff]

I apologise if I'm using this topic, I join the forum today, I don't know were to start a new topic
, please direct me if you can.

[CR001]

I apologise if I'm using this topic, I join the forum today, I don't know were to start a new topic
, please direct me if you can.

This is your topic!

[Duff]

No you can't, unless your application was made before 2017.

My application actually started in early 2016, but got refused with no right of appeal, went for judicial review, I was asked to withdraw, for reconsideration, refused again in 2018 because they did not received my further documents, but with a right of appeal. Now I'm here, the Home Office bundle I received shows history of my application. Can I argue that my application has been on going since 2016, please advise, just this last 1 pls

[Zerubbabel]

Hello

I have seen a couple of successful Tier 4 to EEA EFM switches.

These type of applications are really difficult but they work when the evidence presented is strong and overwhelming.

Just a few questions:

- How old were you when you came to the UK? If you were under 18, did your EEA national has some sort of legal guardianship over you?
- Were you residing at the same address as your sponsor?
- Did your sponsor pay the school bills?

However, I feel like you entered the UK before your sponsor, is that right?

Can you share the refusal letter from the Home Office? (hide your details and case number)

[Duff]

Hello

I have seen a couple of successful Tier 4 to EEA EFM switches.

These type of applications are really difficult but they work when the evidence presented is strong and overwhelming.

Just a few questions:

- How old were you when you came to the UK? If you were under 18, did your EEA national has some sort of legal guardianship over you?
- Were you residing at the same address as your sponsor?
- Did your sponsor pay the school bills?

However, I feel like you entered the UK before your sponsor, is that right?

Can you share the refusal letter from the Home Office? (hide your details and case number)

Thanks for for reply, I was 25 years old when I came to the UK. My brother eea wife paid for my school fees before coming to UK. I came to the UK before him, but they were sending me money when I was studying here in UK, the Home office accepted that they sponsor me to study here, but they refused me because I came to the UK before him, and they said his earnings from his job is very low. Although they didn't mention about prio dependancy in the refusal but my fear is, he wasn't eea citizen before I arrived only the wife was, he became eea citizen 5 months after arrived, but him and his wife was sponsored me to the UK to study in 2014 and I have been depending on them since 2007,

[Obie]

It is an error of law for them to refuse because you came before the EEA national. You should have challenged that.

[Duff]

It is an error of law for them to refuse because you came before the EEA national. You should have challenged that.

Thanks obie, that's the reason I'm going to court on the 14th, will the judge bring it up since it was not mentioned in the refusal. My application was in 2016 but was refused, due to no appeal right I couldn't go to court till now

[Duff]

Update on my appeal today, home office conceded on the issue of me coming to the UK first before my sponsor. They told the judge they will not argue that reason of refusal.

The Home Office rep now asked me that some receipts relating to money been sent to me before I arrived were missing, actually about 3 months was missing out of the 15 months receipts I presented , I told him it was a long time ago that this are the only available receipts with me.

My barrister now said that the question of missing money transfer receipt is irrelevant, because the Home Office was satisfied with my sponsor documents regarding school fees, flight tickets and accommodation to the UK and on that purpose my tier 4 visa was issued, that the visa shouldn't have been issued if they were not satisfied.

The judge now said he will write his decision to us.
I will update as soon as I get the decision letter.

Please do I have a chance of winning?

[Zerubbabel]

Please do I have a chance of winning?

It's in the hands of the judge now. At this stage, all options are open. You may win, you may lose. Did they give you any ETA when you get an answer?

[Duff]

Please do I have a chance of winning?

It's in the hands of the judge now. At this stage, all options are open. You may win, you may lose. Did they give you any ETA when you get an answer?

Thanks for your reply, what does ETA mean?

[Zerubbabel]

Please do I have a chance of winning?

It's in the hands of the judge now. At this stage, all options are open. You may win, you may lose. Did they give you any ETA when you get an answer?

Thanks for your reply, what does ETA mean?

"Estimated Time of Arrival". It's just a way to say: "Did they give you an estimated time as to when you can expect a response?"

[Duff]

Please do I have a chance of winning?

It's in the hands of the judge now. At this stage, all options are open. You may win, you may lose. Did they give you any ETA when you get an answer?

Thanks for your reply, what does ETA mean?

"Estimated Time of Arrival". It's just a way to say: "Did they give you an estimated time as to when you can expect a response?"

OK. The judge just said I will write to you my decision, let the tribunal know if you change your aaddress, I think I heard he said weeks but not 2 sure.

[Zerubbabel]

Just wait and see. You will receive a decision by post. Hope it will be positive.

[Duff]

Just wait and see. You will receive a decision by post. Hope it will be positive.

I hope so, thank you

[Bosco 74]

Hi Duff
Hopefully you will get a positive decision from the judge. And will you please share the determination details from the court because Iam also an EFM and iam in the exact situation as yours: my residence card application was refused with no right of appeal.

[Zerubbabel]

Hi Duff
Hopefully you will get a positive decision from the judge. And will you please share the determination details from the court because Iam also an EFM and iam in the exact situation as yours: my residence card application was refused with no right of appeal.

Open a new thread with your own story and details, so people can help you specifically.