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Tribunal Hearing date Set after RC has been Granted by HO

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Deeone
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Tribunal Hearing date Set after RC has been Granted by HO

Post by Deeone » Mon Nov 01, 2010 7:21 pm

Dear All,
I wished to thank all member of this forum(not excluding Obie) for the help rendered to me during the course of my application. As I have said earlier I have been granted the RC but on my passport it was 4years and 4 month I was granted and the RC expired on the date I shown on the letter of refusal Also Refusal note was written on my passport as well showing this very date (written on a page on my passport).

Also, I receive a letter from Upper Tribunal that my appeal date has been set to 10 of Novermber this year. I a bit confused on the necessary step to take as this seems a bit unusual to me.

Furthermore, I have been in this country since 2004 and I want to be certained that I am qualiffied for PR now but the problem is that I missed my placement for admission for a Master degree course this session (as a matter I could not prooved my status because my PP was with HO) which means I will have to re-enroll next year. and am not sure what I can use to proove as excercising Treaty rights (though I just finish my degree in July). and My uncle which happened to be my adopted father does travel alot because of the nature of his job so I do not know how Implementable the EEA ID card will be for me to get.

Moreover, We are planning to go to france(which happen to be my uncles Country of Nationality) for Christmas Holiday I have read a bit about people travellling to other EEA country but did see anywhere it's being mentioned on if I will be able to get visa for free as a family member of an EEA and the necessary document I need to show as a relationship between myself and my uncle(Adopted father); because I can only the information for patners and mariied family member of an EEA nationals.
I will gladly appreciate any reponse on this issue. Sorry if i have benn rude in my writting in anyway I do not intend to sound rude. Thanks in anticpation to your response(s).

Deeone
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Posts: 74
Joined: Mon Jul 19, 2010 10:38 pm
Location: Dundee
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Post by Deeone » Wed Nov 03, 2010 7:58 pm

Please the immigration Gurus ,I am humbly soliciting for your advise is in relation to this issue. i am in a anxious at the moment. Please help.

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Wed Nov 03, 2010 10:51 pm

Maybe you can explain more clearly.

Who is your EU family member?
When did you get your Residence Card?
Why was the card not for 5 years?
What upcoming court events do you have and why?

Deeone
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Location: Dundee
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Post by Deeone » Thu Nov 04, 2010 2:36 pm

Directive/2004/38/EC wrote:Maybe you can explain more clearly.

Who is your EU family member?
When did you get your Residence Card?
Why was the card not for 5 years?
What upcoming court events do you have and why?
I am so grateful to your reply Kindly find the response to the question below;

MY EU sponsor is my Adopted Dad which happens to be my Uncle which is from France. But I came here on a Student Visa in 2004

I got my RC in mid-September of this year

I dont know why 5 years was not given to me and the RC will expire the on date stated on Issued refusal notification letter that was sent before I appealed(which happens to be on my PP)

the upcoming court case Is at the upper Tribunal because the HO appealed against the judgement of the Immigration appeal jugde that stated I should be counted as a member of EEA familly member

Thanks alot for the response

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Thu Nov 04, 2010 3:57 pm

I still do not understand. What came in what order? Why do you have a Residence Card if there are HO is still appealing?

Brown212
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Re: Tribunal Hearing date Set after RC has been Granted by

Post by Brown212 » Thu Nov 04, 2010 4:10 pm

Deeone wrote:Dear All,
I wished to thank all member of this forum(not excluding Obie) for the help rendered to me during the course of my application. As I have said earlier I have been granted the RC but on my passport it was 4years and 4 month I was granted and the RC expired on the date I shown on the letter of refusal Also Refusal note was written on my passport as well showing this very date (written on a page on my passport).

Also, I receive a letter from Upper Tribunal that my appeal date has been set to 10 of Novermber this year. I a bit confused on the necessary step to take as this seems a bit unusual to me.

Furthermore, I have been in this country since 2004 and I want to be certained that I am qualiffied for PR now but the problem is that I missed my placement for admission for a Master degree course this session (as a matter I could not prooved my status because my PP was with HO) which means I will have to re-enroll next year. and am not sure what I can use to proove as excercising Treaty rights (though I just finish my degree in July). and My uncle which happened to be my adopted father does travel alot because of the nature of his job so I do not know how Implementable the EEA ID card will be for me to get.

Moreover, We are planning to go to france(which happen to be my uncles Country of Nationality) for Christmas Holiday I have read a bit about people travellling to other EEA country but did see anywhere it's being mentioned on if I will be able to get visa for free as a family member of an EEA and the necessary document I need to show as a relationship between myself and my uncle(Adopted father); because I can only the information for patners and mariied family member of an EEA nationals.
I will gladly appreciate any reponse on this issue. Sorry if i have benn rude in my writting in anyway I do not intend to sound rude. Thanks in anticpation to your response(s).
You can write to the tribunal or just call and inform them that your RC has been granted by home office and the hearing will be cancel, as long as you are travelling with your eea sponsor you dont need a schengen visa to travel to France, your RC is OK.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Thu Nov 04, 2010 4:16 pm

Yes, but... RC was issued for a non-standard period of time. And it is clear the various appeals are still ongoing. There is something more complicated going on here.

I would personally suggest not traveling until you are very sure what is happening.

Deeone
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Post by Deeone » Thu Nov 04, 2010 6:15 pm

In my thought; I am thinking the HO are using that because they See themselves as been wrong and they are trying to avoid a case whereby the Immigration judge will disallowed there appeal and thereby I will be able to sue them for cost because this issues has been up for so many years.
I wish to express my thanks to you all for all your responses

Directive/2004/38/EC
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Joined: Wed Oct 25, 2006 10:09 am
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Post by Directive/2004/38/EC » Thu Nov 04, 2010 6:18 pm

Deeone wrote:In my thought; I am thinking the HO are using that because they See themselves as been wrong and they are trying to avoid a case whereby the Immigration judge will disallowed there appeal and thereby I will be able to sue them for cost because this issues has been up for so many years.
What did HO do that is wrong?

What happened before you got your Residence Card?

Deeone
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Post by Deeone » Thu Nov 04, 2010 7:36 pm

Directive/2004/38/EC wrote:
Deeone wrote:In my thought; I am thinking the HO are using that because they See themselves as been wrong and they are trying to avoid a case whereby the Immigration judge will disallowed there appeal and thereby I will be able to sue them for cost because this issues has been up for so many years.
What did HO do that is wrong?

What happened before you got your Residence Card?
Becuase the reason for them refusing earllier on has no merit(I believe)
and it was the same reason I the same document and info I supplied this time arround when I was given.
Also I have been applying since 2005 for the EEA but they keep on saying because I never lived in EEA state with him before I am not qualified so they were thinkin I may take them up for the Cost this refusals has cost me and the priviledges I had been denied of thanks

Directive/2004/38/EC
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Joined: Wed Oct 25, 2006 10:09 am
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Post by Directive/2004/38/EC » Fri Nov 05, 2010 1:22 am

Deeone,

If anyone here is going to be able to help you, you are going to have to lay out exactly what happened and exactly when it happened.

Something feels not so good - I do not see why you have tribunals coming up, and I think you should be very careful.

asp
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Post by asp » Sat Nov 06, 2010 2:09 am

If your appeal is against the original refusal to issue you with a residence card then it cannot now proceed.

As you were refused a card and have now been issued with one then HO has withdrawn the decision under appeal; so under the procedure rules the appeal simply ceases to exist.

If the appeal is on some other ground then you need to tell us.

Deeone
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Post by Deeone » Sat Nov 06, 2010 3:12 pm

asp wrote:If your appeal is against the original refusal to issue you with a residence card then it cannot now proceed.

As you were refused a card and have now been issued with one then HO has withdrawn the decision under appeal; so under the procedure rules the appeal simply ceases to exist.

If the appeal is on some other ground then you need to tell us.
I just receive the letters some few days back concerning this issue; but never respond to it. So i do not know may be the HO would have canceeled the appeal now or not. Moreover, I would paste my detaill again on the forum for people to have a detail about my situation.
Thanks

Deeone
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Post by Deeone » Sat Nov 06, 2010 3:18 pm

Directive/2004/38/EC wrote:Deeone,

If anyone here is going to be able to help you, you are going to have to lay out exactly what happened and exactly when it happened.

Something feels not so good - I do not see why you have tribunals coming up, and I think you should be very careful.

below uis the chronological history of my situation
http://www.immigrationboards.com/viewto ... ht=#397516

Directive/2004/38/EC
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Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Sat Nov 06, 2010 7:20 pm

What does your solicitor say about the tribunal hearings that are upcoming?

Deeone
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Post by Deeone » Mon Nov 08, 2010 12:10 pm

Directive/2004/38/EC wrote:What does your solicitor say about the tribunal hearings that are upcoming?
We have not communicated since I have received my RC.
and another thing is I decided not to contact him (though I guess he will be sent a copy of the Tribunal date ); because I may be ask by my solicitor to pay for the appeal Because my lawyer once told me he does not apply for legal aid

Deeone
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Post by Deeone » Mon Nov 08, 2010 12:15 pm

Thanks for your continuous advise and support

Deeone
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Post by Deeone » Wed Dec 01, 2010 8:13 pm

Deeone wrote:
Directive/2004/38/EC wrote:What does your solicitor say about the tribunal hearings that are upcoming?
We have not communicated since I have received my RC.
and another thing is I decided not to contact him (though I guess he will be sent a copy of the Tribunal date ); because I may be ask by my solicitor to pay for the appeal Because my lawyer once told me he does not apply for legal aid
Thanks to everyone that has given me advice on this forum and thanks to the people that created this medium through which we can solicit for advice and share knowledge. a letter was sent to my house today from upper tribunal. informing me they have withdrawn the appeal because HO has granted the Leave to remain. Thanks to all.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Thu Dec 02, 2010 12:25 am

Good news! Enjoy some snow with your celebration!

Deeone
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Post by Deeone » Sat Dec 04, 2010 9:53 am

thanks, a lot, another question is that I want apply for JSA (because i have worked before but now not working )but it did not specifically say if I can or not as I have finished my Degree. is this going to affect my PR later on. though I have read in some places that it doesn't really affect you so far your eea sponsor is excising Treaty rights in this country Please shed more more enlighting to me on this as I have read most of the link posted on this forum concerning clear but am not 100% sure. thanks. I am looking forward to any response on this issue.

Deeone
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Posts: 74
Joined: Mon Jul 19, 2010 10:38 pm
Location: Dundee
Contact:

Post by Deeone » Sat Dec 04, 2010 9:53 am

thanks, a lot, another question is that I want apply for JSA (because i have worked before but now not working )but it did not specifically say if I can or not as I have finished my Degree. is this going to affect my PR later on. though I have read in some places that it doesn't really affect you so far your eea sponsor is excising Treaty rights in this country Please shed more more enlighting to me on this as I have read most of the link posted on this forum concerning clear but am not 100% sure. thanks. I am looking forward to any response on this issue.

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