Which BRC shall I apply

[wish_uk]

Dear forum members,
This information is for my friend.

His BRC application has been rejected for 5 years as a family member of eu citizen,
Now eu citizen has settled status here.
They have a child together now.
Their current application is being appealed against rejection which was under EEA regulation.

My question is.
Shall they wait for appealed to be heard
Or
Shall he Apply as a father of british citizen (fresh application)

He has been refused almost 6 times under Eu laws.

Please advise thanks

[CR001]

1. Why has been refused so many times?

2. Is he married or unmarried?

3. What is his UK immigration history?

4. Probably best if he registered on the forum and asks his own questions.

[wish_uk]

He is my step son in law,
He was student and bcz of TOIC he was refused extension in 2012 then he appealed and meanwhile he got married.

Home office says as he has done fraud before so this marrieage is of convenience.

And how did they met,
One of them answer this question as, “through step dad”
Other said,” through facebook”
To be honest they met on face book because he was mutual friend of mine, but of course my step daughter asked me about him after they became friend on facebook, later they married.

Now they have a kid together,
Does fresh application under british law will make any changes to their past?

[CR001]

meanwhile he got married.

How long was the relationship before marriage?? What marriage was it, an Islamic marriage or one through the Registry at the Council.

Does fresh application under british law will make any changes to their past?

No. His past immigration history will always be checked for whatever application he makes.

[wish_uk]

First they did islamic marriage and then 8 month later they did registered marriage.

[CR001]

First they did islamic marriage and then 8 month later they did registered marriage.

Date/Month of each??

His qualify period, if valid, would only start from the registered marriage. An Islamic marriage conducted within the UK is not recognised.

meanwhile he got married.

How long was the relationship before marriage?? What marriage was it, an Islamic marriage or one through the Registry at the Council.

[wish_uk]

March 2016 they did islamic marriage here in uk , let say they started to get into relationship,
08 december they got marriage.

[CR001]

You are not answering the question. How long were they in a relationship BEFORE the Islamic marriage??

When exactly did they meet online?

When exactly did they meet in person?

When exactly did they do the Islamic marriage?

[wish_uk]

You are not answering the question. How long were they in a relationship BEFORE the Islamic marriage??

When exactly did they meet online?

When exactly did they meet in person?

When exactly did they do the Islamic marriage?

Two months online relationship
After two month eu cit arrived in the UK and they perfomed islamic marriage same day. March 2016
And got registered marriage in december 2016
Until then they always lived at same address all bills and tenancy are in both names
Child born in the UK on 06 dec 2022

[CR001]

Two months online relationship
After two month eu cit arrived in the UK and they perfomed islamic marriage same day. March 2016

This is why it is considered a marriage of convenience.

1. Two months 'relationship' online.

2. EU citizen wasn't even in the UK exercising treaty rights.

3. Islamic marriage on the same day EU citizen arrived in the UK and they met in person.

eea-route-applications/definitions-in-a ... l#p1990855

• civil partnership of convenience
• durable partnership of convenience
• marriage of convenience

a civil partnership, durable partnership or marriage entered into as a means to circumvent:

• (a) any criterion the party would have to meet in order to enjoy a right to enter or reside in the UK under the EEA Regulations; or
• (b) any other provision of UK immigration law or any requirement of the Immigration Rules; or
• (c) any criterion the party would otherwise have to meet in order to enjoy a right to enter or reside in the UK under EU law; or
• (d) any criterion the party would have to meet in order to enjoy a right to enter or reside in the Islands under Islands law

How long had he been an overstayer at the point of the EU citizen arriving in the UK and then the official marriage in December 2016??

What happened in regards to his TOIEC appeal?

[wish_uk]

He kept appealing against decision!
He did attend hearing after he went to eu immigration rout.

[wish_uk]

No. His past immigration history will always be checked for whatever application he makes.
[/quote]

Will his application as a parent of british citizen can be refused? Is it not considered on british child grounds?

[AmazonianX]

No. His past immigration history will always be checked for whatever application he makes.

Will his application as a parent of british citizen can be refused? Is it not considered on british child grounds?
[/quote]

Till you get decision no guarantee of outcome will be

[wish_uk]

So, if he make a fresh application under eu law with fresh evidence (child birth cert), does it make any changes to the circumstances.

Cz if he goes to British parent rout it will take him very long towards citizenship.

[meself2]

So, if he make a fresh application under eu law with fresh evidence (child birth cert), does it make any changes to the circumstances.

not sure how child changes his eligibility under EU laws

Cz if he goes to British parent rout it will take him very long towards citizenship.

but at least he'll be holding a legal status?

[wish_uk]

So, if he make a fresh application under eu law with fresh evidence (child birth cert), does it make any changes to the circumstances.

not sure how child changes his eligibility under EU laws

Cz if he goes to British parent rout it will take him very long towards citizenship.

but at least he'll be holding a legal status?

A child is not a enough proof that marriage is genuine

[wish_uk]

Guys please advise
Shall he apply settled status
Or under British rout.
As parent of child born in the uk,
Eu citizen haven't applied for citizenship yet, she has settled status.

Please advise,

Does lawyers add anything extra while making applications? Can we make our application byself? (Fresh)

[AmazonianX]

Guys please advise
Shall he apply settled status
Or under British rout.
As parent of child born in the uk,
Eu citizen haven't applied for citizenship yet, she has settled status.

Please advise,

Does lawyers add anything extra while making applications? Can we make our application byself? (Fresh)

Using lawyer does not add any advantage to the application or influence the outcome. Its all based on if qualified to get what you.are applying for visavis the immigration rules.
Yes individual can make applications

[wish_uk]

Guys please advise
Shall he apply settled status
Or under British rout.
As parent of child born in the uk,
Eu citizen haven't applied for citizenship yet, she has settled status.

Please advise,

Does lawyers add anything extra while making applications? Can we make our application byself? (Fresh)

Using lawyer does not add any advantage to the application or influence the outcome. Its all based on if qualified to get what you.are applying for visavis the immigration rules.
Yes individual can make applications

But can some please advise me, which rout shall we adopt,
Eu settled (with new evidence)
Or
Parent of british child

Please , thank you