Complex and difficult immigration issue need you view

[battre]

Hi everyone

I sorry for my English who is not really good.

I would like to have you view for an out coming decision for a Complex and difficult immigration issue.
" I m a Cameroonian citizen resident in UK since 2002 as asylum.
" 12/2003 my asylum case has been declined by a home office
" 2004 I meted with my fiancée who is polish nationality and we start to live together .
" 05/2007 we submitted an EEA1 and EEA2 to Croydon (home office) with all a support document.
" 3 days later I have been arrested DWP working illegally with false document.
" Sentenced for 9 month to (serve 4and half) in prison.
" 10/2007 transferred to detention in London.
" 1 day later application of EEA1 and EEA2 drawn out for (failed to submitted a work registration scheme for my fiancée and not enough evident for 2 years cohabitation.(everything was submitted in my application)
" 5days later removal was setup.
" 1 day later my solicitors ask for reconsideration of EEA1 and EEA2 application with all an evidence document of a preview refuse.
" Reconsideration was rejecting a fact that (you can't submitted and application by fax ).
" 1 day later another removal was setup.
" I refuse to go because my fiancé was heavily pregnant I was ready to born at anytime with out relative family here.
" 1 day later another removal was setup with an escort.
" Failed for an unfortunely situation (escort was not available).
" With an intervention of my solicitor and a MP who have submitted all a document to a Border an immigration agency they allowed my solicitor to reapply again.
" 11/11/2007 I was release from a detention on bail..
" Border and immigration agency allow me work and my assurance number have been issued.

" 7 months later my dad pass away I couldn't travel because no decision has been reaching in my application.
" My solicitor have wrote for and urgent consideration regarding my case.
" A case worker have saying they aren't legal guidance to make a decision on my case and that it will be available in the nearly future, soon he received he will make an urgent decision on my case.
" 7/2008 COA I have been submitted to Croydon (my fiancé and my).
" 1month later I have received a letter from asking my to answer 21 question and send back to them so that will help them to make a decision.(affidavit).
" Nearly 2month I have send affidavit but I have not hear anything from them for COA, EEA2 and EEA1 of my fiancée.
My question is:
What a case worker mean by there is not legal guidance to make a decision on my EEA2 application?
Has he saying soon it will received he will make and urgent consideration on my case.
Who will delivery a legal guidance for my case?
Who long that can take.
What about my COA application since I have send affidavit 2month ago I have not hear nothing from them.
Did any one no who long that can take to make a decision after fill affidavit?
I will gratefully appreciate if some one can help me to answer all this question who stress me.





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[Mr Rusty]

As you say, a complicated case.

If the case has been referred for legal advice, this will be to a department in the Home Office. They in turn might seek a barrister's opinion.

Applications under European Rules are supposed to be decided within 6 months. You say that your first application was refused, but you were allowed to re-apply in November last year.
I don't know if it was a good idea to submit a CoA application in July, as this is an application under UK Immigration Rules. If you already had a good enough case as an EEA family member, I would have said a CoA application was unnecessary and would just give rise to further delay on your case. I assume you took legal advice before applying. I recently heard of a CoA application which has been outstanding for 2 years.

I don't know how long your case would take, you can only rely on your legal advisor to keep pressing for an answer. You're lucky to be here at all. If UKBA's escort contractor had done the job they're paid for, you'd be waiting for a decision in Cameroon.

[battre]

Thanks you MR RUSTY for you reply and I gratefully appreciate all information you give to me.

Please I would like ask you some more questions

1. I have been live with my fiancée for 4 years and all evidence as been submitted (bill).
2. We have 1 daughter and expecting a second one in 3 months (a case worker no about it)
3. She still works here in UK.
4. Did you thing I have got a chance to be granting a residence carte?
5. Did a fact that I have work illegally with false document can make a decision to be negative?
6. With you experience it is all a case (illegal immigrate and EEA) have to be referred to a barista or my case is exceptional?
7. Please can you explain to me why COA application will delay my case.
8. Did you mean they will wait for a decision on my COA before continue with my EEA 2 application?
9. What can you advices me to do?


I hope to heard from you very soon


Thank you

[Mr Rusty]

Without knowing the issues on which the caseworker is seeking legal advice, I can't give definite answers to your questions. The majority of cases can be decided by caseworkers themselves by reference to the rules and their instructions. Your case is obviously more complicated, so to that extent it is exceptional.

My comments about CoA are only my opinion, I could be wrong. But every time somebody whose case is under consideration makes another application, it's bound to slow things down. You have made an application under European Law as an EEA dependant, and then applied for CoA, which is under UK Immigration Rules. So it's another complication, and I wonder whether it was necessary, because even if you get married you're not necessarily in a stronger position to support an application for an EEA Residence Card than you were before, or to make an application to remain under the UK Immigration Rules.

Of course I accept that you perhaps want to get married not for any immigration reasons but because you have a young family. The courts have ruled that it should not be necessary to have a CoA to get married, because this is an infringement of Human Rights, but UKBA haven't changed the rules, so this is another reason why everything is more complicated and uncertain at the moment.

I guess that in the end the decision about whether you can stay here will be made on your status as an EEA dependant, nothing else. Then you won't need a CoA to get married.

I can't advise you as to what action you can take now, you should take the advice of your lawyer. This may be that you have no alternative but to sit and wait.

[thsths]

Without knowing the issues on which the caseworker is seeking legal advice, I can't give definite answers to your questions. The majority of cases can be decided by caseworkers themselves by reference to the rules and their instructions. Your case is obviously more complicated, so to that extent it is exceptional.

Indeed. Usually the UKBA refuses applications from extended family members (such as unmarried partners) who have no legal status at the time of application. I am not sure that is justified, but the law is a bit unclear about this. In your case such a refusal seems almost impossible to argue, and I guess that is the reason for the delay.

The courts have ruled that it should not be necessary to have a CoA to get married, because this is an infringement of Human Rights, but UKBA haven't changed the rules, so this is another reason why everything is more complicated and uncertain at the moment.

I guess that in the end the decision about whether you can stay here will be made on your status as an EEA dependant, nothing else. Then you won't need a CoA to get married.

That is possible. On the other hand, you should legally receive the CoA within a reasonable period of time. And once you are married, you have a right to get the residence card.

So I think you are safe at the moment, and you just need a bit of patience.

[battre]

Thanks you very much for all this informations.
I haven’t option than wait to hear from them at moment.
Even if I decide to go back now to get my family permit; I will come back and waiting again for another 8months or more to have a residence card.

As you saying In my case such a refusal seems almost impossible to argue, and you guess that is the reason for the delay.(you right ).
My solicitors have tall me a same thing and he said they have not other alternative than issue a residence card at this point only what they can do is to delay my application.
I believe they have not more than 4months from now to make a decision as I already wait for nearly one year.


I will let you no for all an out coming.


Take care

[Greenie]

I think that under the current guidance on CofA, UKBA cannot refuse your application to marry, as basically what you need to show is that you are in a genuine relationship. The fact that you have children is clearly almost definitive evidence of this. Before the Baiai caselaw, in which the court of appeal considered the legality of the certificate of approval, UKBA would just point blank refuse applications if one or both of the applicants were in the UK illegally. They have now changed this and instead if applicants produce evidence and answer the questions in the form of an affidavit, there may be a delay of a few months, but I think it likely they grant you approval.

I would disagree that getting married does not put you in a stronger position under the EEA regulations. If you are an unmarried partner, then you are an extended family member and under the EEA regulations (paragraph 12 of 2006 EEA Regs) you have to be in the UK legally or have lived in another EEA country with your partner to qualify although th law is slightly unclear on this, it is generally the case that UKBA will refuse if you are here illegally. On the other hand if you are married, you are a family member and do not have to show that you are in the UK legally or that you have lived in another EEA state, you just need to show that your partner is exercising her treaty rights in the UK and that you satisfy the immigration rules other than having entry clearance.

Therefore, once you get the CofA and get married, you should submit the marriage certificate to the European Casework department and ask them to consider your application as a family member and not as an extended family member. There may be a further delay even once you submit this information but you just need to get your solicitor to chase them and you should be successful.

Finally regarding going abroad and applying to come back, you would apply for an EEA permit from abroad and will therefore have proof of your status in the UK so you would not necessarily need to apply for the residence card once you arrived. All the card does is confirm your status is does not confer it. Having said that, as they have allowed you to work, and are considering your application, there is no need for you to jump through the Home Office hoops and go back to Cameroon, just pursue the applications as you have been doing

Hope this helps

[Frontier Mole]

What the caseworker is waiting for is a steer from the legal advisors on the case of R also known as Baiai as the previous post mentions. Until there is a positive guidance issued on the case by UKBA the more complex CoA cases are being held aside.

See link

http://www.publications.parliament.uk/p ... home-1.htm

[battre]

Hi guys

I m really appreciate all you opinion and advices, I wish I can hear something very soon.
I will inform you soon I have received something.


In the mean time what is a difference between FMRS and EEA2?

[Mr Rusty]

FMRS= "Family member residence stamp (non-EEA national family member of a person required to register under the Accession State Worker Registration Scheme"

"Accession State nationals are the nationals of the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia." - That's what it says on the form

EEA2= "Application for a residence card in the United Kingdom by non-European Economic Area national family members of an EEA or Swiss national."

[battre]

hi guys

till now nothing yet ,i m really stresse by all this .with out answer or date limite of decision.

[paulp]

Sorry to hear that you're getting stressed out but these complex cases can take a very long time. It's better that you try to get on with your life as best you can. I know it's very difficult but if you keep on waiting for the HO, you'll make yourself sick.

[tasha75]

hi guys
till now nothing yet ,i m really stresse by all this .with out answer or date limite of decision.

You can only relax and wait patiently. As you are an extended member of EU national, there is no timescale in which HO have to proceed your application, therefore there is not much you can do (e.g. involve solvit) except to wait.
You are safe, you have EU partner and EU children, so they cannot remove you (I've been there).
If the stress gets you, just think there's always someone who is in much worse situation than yourself. Some people have been in limbo for years, even decades. How many Cameroonians would like to be in your situation - have an EU partner and a chance of being granted residence card, even if it'll take some time?

[battre]

Hi guys

I have been tall by immigration office in a reporting centre that a decision have been made regarding my COA (certificate of approved marriage) send out on 6/11/2008 to my solicitor.
But she tall me she can’t tell me a decision so have to got and see my solicitor.
I believe that all a documents have been send by secure mail so by Tuesdays or Wednesday will get that.
I hope that a decision have to be positive so I can finally get married with my sweet heart.

I will let you no for all an out coming.

[battre]

Hi gars

I have got certificate of approved marriage and I already got marriage.
I have sent my marriage certificate to BIAUK on 23/12/08.
I wonder to no if any one have acknowledge for who long there will take to issue my residence card from now.
Thanks

[battre]

5 month after my maried i received my residence card. all a stress with immigration is finish for now.


thanks guy for all you support
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[toni34]

5 month after my maried i received my residence card. all a stress with immigration is finish for now.


thanks guy for all you support
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in the same shoes as you before they issue you ur rc,am illegal here with a eu national and we r about to apply for eea2,we have one child togerther