EEA2 apeal 2011

[bah2240]

Hi to everyone.
Pleased need a advise and big help about this apeal which i will be answer in 10 days( 01/26/11). birmingham
here are the topic:
I applied for eea2 on 04/10/2008 under durable ralationship, received my c.o.a withing 2 week.
after 1 year(09/2009) received a lettre requesting me to send my partner payslip pictures prove of living toghether etc......
i sent it out( my baby birthcertificate; born on 02/2008) but to be honest i did not sent a bill or bank statement....bills which really was 2 years( like 2006 or 2007) old with my name, but they never contacted me againg regarding anything.
since 09/2009 sending lettres contacting PM, even solvit, always receiving apologies'' your case is on consideration'' like always, phone call was on deaf earing...
Now i has 2 baby nearly 3years and 16mth old.
NB: Novembre 2010 i called the H.O and telling them i will take them to court for holding my aplication for 26 mth( 2years and 2mth). and after a mth(12/2010) i received a note saying my application has been rejected bcoz i did not sent the prof of cohabitation back on septembre 2009,which i found really funny rejected my application after 26 mth and saying they dont have a prof of 2 years of cohabitation.
What i really want to no, if it's there a regulations of eea2 saying if the H.O requested a evidence and u fail to prove it withing certain time ur application will be rejected( like 14 days or 21 days) but not 14 mth!
How would the H.O rejected my application saying bcoz i did not sent some document back in 2009.
And how would i win this case before the judge on the apeal day.
to repeat it again the H,O rejected my application after 26mths.
And can i sough them for stress?
Nearly forget lastime nov/2010 when i called them regarding my application the lady on the phone asked me if it's a new application, i told her it's a 26mths old aplication.
my partner already received the RC since 01/2010.
and the dutch embassy wont let me make a psaaport for my kids as i dont have my passport( in the H.O), dutch law required all the parent should bring their passport bfor theY make for the kids.
PLEASE HELP WITH ALL THE ADVISE WHICH I CAN USE ON THAT DAYS.
THX. STRESS IS KILLING ME SOFTLY

[easy77]

Hi, u will need proof of 2yrs cohabitation to get ur RC since u're nt married. If u have those proof from 2006 till date then appeal with a copy of these documents plus ur kids birth certificate. Or you can send these documents to HO asking for reconsideration.

[toni34]

well if am in your shoes ,i wont bother with appeal,really,because you should know that you dont add new document to appeal,you can only appeal based on the decision ho made.so they will win again.why dont you send all you new evidence and proof that you have been liveing together for more than two years in a FRESH application,and i bet you when they link it with ur old application your case can be decided within 3 months

[bah2240]

Hi
Thx for ur reply
But I think I have a point, bcos when the H.O
Requested prof of 2years of cohabitation
In sep 2009, it say u have 10 days to reply, if I failed to do so in sep 2009, by the law, I think they should failed my application since then, right?
Is that a good point I will mention to the judge, it the h.o who breached the law not me. The law said 10 days not 14 mth.

[toni34]

yea you have a point there,you r asking the court to consider ur case outside the eu legislation.yea it is 50/50.but resummiting a fresh application is 100.moreover ou can go tru the appleal system ,then if the same day service starts later this year ,you could use it as well.

[bah2240]

Hi Toni34
What u mean by"then if the same day service starts later this year ,you could use it as well."

[toni34]

yes go to ukba site,they r doing survey on the same day service now,if they get positive response surely it could start as early as febuary or even in april,because the public inquiry ends in january 20th.

[bah2240]

hi
i see a solicitor today, he told me my chances r 98%, boz i have a geniun relationship as i have 2 kids with her(partner) and she's is due for the 3th one in april. so he said the H.O lawyer will try to ask some questions about the ways we meet, live together and we had a weeding party in 2007, so we will show all the pictures...etc..(but was not legalise)
i have my finger xssed.
wish me good luck guys please.
thx.
will update u on the outcome next week on wednesday.

[toni34]

pls keep me posted when you win,wishing you all the best

[easy77]

Hi bah2240, with all due respect, from personal experience all solicitors are interested in is their money, they can make a simple case complicated for u. Your case is simple and of course u will win, My advise is u can do this yourself if u've got those documents, just fill and send the appeal documents with a copy of your documents and write a letter stating all your points to Ho with originals of these documents asking for a reconsideration. Your case will be decided within a month cos HO do not want to waste tax payers money on a case they are sure to loss., then withdraw the appeal later.

[Greenie]

well if am in your shoes ,i wont bother with appeal,really,because you should know that you dont add new document to appeal,you can only appeal based on the decision ho made.so they will win again.why dont you send all you new evidence and proof that you have been liveing together for more than two years in a FRESH application,and i bet you when they link it with ur old application your case can be decided within 3 months

this is completely incorrect.

Section 85(4) of the Nationality, Immigration and Asylum Act says

(4)On an appeal under section 82(1) [F3, 83(2) or 83A(2)] against a decision [F4the Tribunal] may consider evidence about any matter which [F5it] thinks relevant to the substance of the decision, including evidence which concerns a matter arising after the date of the decision

You can submit evidence to the tribunal which you did not submit to the UKBA to prove your cohabitation with your partner and any other evidence which is relevent to your application.

With regard to easy77's post, the HO do not care about wasting tax payers money in the slightest and probably will not consider the documents the OP sends as the file will be passed to the presenting officers unit for the appeal. HOPOs rarely concede cases even if the evidence is blindingly obvious and they often don't look at the case until the day before the hearing

Bah2240 If you have an appeal stick with it and argue your case before a judge.

[toni34]

greenie you maybe right ,it means that proviso even it is right is against the english legal system where i have a 10 years experience as a solicitor,but m not surprise as we r talking about european law.so appeal wil be the case then

[easy77]

i'm actually talking from personal experiences, it happened to my cousin's application (2010) that was refused and further documents was sent to Ho immediately with a covering letter and less than 2 months later their passport was sent back with RC stamped (since HO kept their passport). This was like the third case i have seen this happen. It just saves time and stress of going to court.

First tier tribunal considers new evidence. Upper tribunal may also do same.

[toni34]

i'm actually talking from personal experiences, it happened to my cousin's application (2010) that was refused and further documents was sent to Ho immediately with a covering letter and less than 2 months later their passport was sent back with RC stamped (since HO kept their passport). This was like the third case i have seen this happen. It just saves time and stress of going to court.

First tier tribunal considers new evidence. Upper tribunal may also do same.

that is what i said earlier on,it is always better to put the disputed document and resnd them,it will save you time and money.i love this ur contribution easy777

[DFDS.]

hi
i see a solicitor today, he told me my chances r 98%, boz i have a geniun relationship as i have 2 kids with her(partner) and she's is due for the 3th one in april. so he said the H.O lawyer will try to ask some questions about the ways we meet, live together and we had a weeding party in 2007, so we will show all the pictures...etc..(but was not legalise)
i have my finger xssed.
wish me good luck guys please.
thx.
will update u on the outcome next week on wednesday.

Good luck!

[bah2240]

hi to all
thx for all ur replied.
i been to court today, and my bigest supprise was; the H.O has withdraew the case on 24/01/2011.
when i got there today 25/01/ the check my name and say sorry for ur travel, but the h.o has withdraw the case.
but did not explain nothing, my solicitor call his office and found he had a fax send y'terday from the court saying h.o withdraw the case.
as someone mention above my reply, h.o look at the case on the day bfor the hearing.
but my big worry is what will be the outcome.
for me it sound good but not 110%
reply please

[toni34]

hi to all
thx for all ur replied.
i been to court today, and my bigest supprise was; the H.O has withdraew the case on 24/01/2011.
when i got there today 25/01/ the check my name and say sorry for ur travel, but the h.o has withdraw the case.
but did not explain nothing, my solicitor call his office and found he had a fax send y'terday from the court saying h.o withdraw the case.
as someone mention above my reply, h.o look at the case on the day bfor the hearing.
but my big worry is what will be the outcome.
for me it sound good but not 110%
reply please

they have approved it that is why they withdrew the case.

[toni34]

even i blind man will know your case is 100 percent water tight,you have 100 percent chance,we were worried about the procedure not ur chances of been granted.

[bah2240]

thx you toni34
how long usually u think it may take to hear from them?
will update u soon i got got the result.
thx u.

[bah2240]

Hi
guys i got my RC 5 years, received it last friday after 28 mths. valid from 10/02/2011 till 10/02/2016.
thx for all people who reply on my topic bfor and i hope the people who are waiting all the best.

[smallpie]

Hi
guys i got my RC 5 years, received it last friday after 28 mths. valid from 10/02/2011 till 10/02/2016.
thx for all people who reply on my topic bfor and i hope the people who are waiting all the best.

hi, i followed yr story and am really happy for you at the end.. since 2008, wow, dats a very long time. but in the end u didnt give up and u got yr RC. congratulations.

[bah2240]

hi
thx smallpie.
really made at the end.
good luck to all who r waiting too.