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Hi there,TedB wrote:Thanks, so what should we do? The appeal tribubal takes place in June. Should we send in an application for an EEA 2 and cancel the tribunal?
Hi troubled,troubled wrote:Jimkam how can you make fresh application when you have an appeal pending? I think you have to withdraw the appeal before fresh application is made.Can you do both at the same time,i mean fresh application and appeal ?
No disrespect, but pay no heed to the other comments! Simply withdraw the appeal and lodge a fresh EEA2 application. As I explained earlier, you and your spouse have every right to reside in the UK and the EEA2 application only confirms this. Even without a EEA2 application your non-EEA spouse's rights of residence are 100% intact because of automatic acquisition from your marriage.TedB wrote:Thanks, so what should we do? The appeal tribubal takes place in June. Should we send in an application for an EEA 2 and cancel the tribunal?
Hi Plum70,No disrespect, but pay no heed to the other comments! Simply withdraw the appeal and lodge a fresh EEA2 application.
There is no need to do all this chiwong to withdraw the appeal. The applicant simply write a letter to the tribunal and asks to withdraw the appeal. It could simply be " I submitted wrong application to UKBA. I am now going to make a fresh application to UKBA and wish to withdraw my appeal"jimkam wrote:Hi there,TedB wrote:Thanks, so what should we do? The appeal tribubal takes place in June. Should we send in an application for an EEA 2 and cancel the tribunal?
Your wife does not qualify for PR yet as you two have not resided in the UK for 5 years under the immigration rules. Make a fresh application using EEA2 and go to the tribunal anyway. When you get there explain to the judge that you basically applied for the wrong visa using the wrong application form therefore you have made a fresh application when you realized the mistake. Show them proof of your new application and tell them that you would like to withdraw your appeal. if you don't withdraw your appeal it will be dismissed as it is clear that you don't qualify for PR at the moment.
Reassure the judge and the Home Office presenting officer that it was a genuine mistake and you rectified this as soon as you sought proper legal advice. Tell them that you have now applied for the correct visa using the correct application form. This is usually acceptable as common sense will be applied instead of immigration rules. It will interesting to hear what other people think. People have been in this position before and they succeeded - thanks to common sense. I hope this helps.
I have a tendency to think this is right. After all there is an ongoing family relationship with the EU citizen, and if there is proof that it goes back a long time, then the person has rights under EU law.alejandrouk wrote:In your first message you mentioned that you started to live together in the UK since 2003. That makes 7 years living as an unmarried couple with you as an EEA national and if you have been working, studying, self sufficient, etc. Then under EU law she could have applied for EEA2 after the first two years living together as a confirmation of her rights, (is not compulsory and in your case she did not apply for it which is fine) then after living in the UK for 5 years (don't know if the 5 years period start in 2003 or in 2005 as is not clearly mentioned in the Law) she could apply for confirmation of permanent residency using EEA4.
The this will be only feasible if you can prove that you have been living together during all this time, (a variety of documents are needed with your name and/or your partners name to the same address, ie. council tax bills, utilities, bank statements, GP letters etc) and also prove that your P60's, payslips and letters of employment covering all that period in the UK.