please fast..... solicitor or not ?

[mohamed82]

could anyone plz advice me do i ask for a solicitor or not
my case is ....
i inter uk by clearnce entry for 6 mounth as hausband for eu wife who has recidence card 5 years ago
then we applay here for appliction EEA2 but unfortunatly this appliction unsucsess and notice dicition is wife not qualify person in uk but the problem is e didnt provide any documnts with the application becouse it was including
1- our passports
2-marriage certifcate
3- application EEA2
3- wife recidence card number ( not orginal card)
then i had the right of the appeal then i have sent the appeal already but i provide copy of all my wife documents working THE LAST THREE YEAR in uk and residnce and schem work permit at 23 decimber 2010
but someone told me u must see soliitor
so do i need it or not ?
can he do something and i already sent the appeal or i should wait what the appeal will be the i go to lawyer

[toni34]

write in english mate

[whitebedspread]

Hello Mohammed,
I have been here several times but to my dismay people still find it difficult to understand the importance of this forum.Anyway,often times we have seen people like you trying to handle your applications by yourself but its of no good at all.
In one word,you will need a solicitor to help you out 'cos i wonder what you are writing to HO to defend yourself......please get a solicitor for your appeal,it helps.

Many thanks
Whitebedspread

[mohamed82]

but i already sent the appeal by my own do u think the lawyer will do something after the appeal alreadybeen sent ?

[Obie]

I believe the reason for refusal, was simply because evidence of treaty rights was not provided, as required by the directive and regulations.

If OP is able to produce that information on day of appeal, or directly to the Secretary State, he stand to have the decision of Secretary of State set aside. His right of Residence will be confirmed as provided by Regulation 17(1), without a need for a Solicitor.

Based on the list of information OP has stated he supplied the Tribunal, i am in no doubt he will be fine.

I am not convinced this is an arguable area of law, for which a solicitor's presence could make a material difference to the outcome.

[86ti]

I still keep wondering: is it really necessary in a situation like this to actually appeal? After all, the UKBA seems to have decided correctly because of lack of vital supporting documents (Although it is somewhat surprising given that the UKBA is nowadays pre-filtering all application. Missing elementary documents like these should have been immediately spotted). Wouldn't a fresh application suffice (and be probably faster)?

To the OP: was a request to leave the country included in the decision letter?

[Greenie]

but i already sent the appeal by my own do u think the lawyer will do something after the appeal alreadybeen sent ?

If you want to instruct a solicitor there is nothing wrong with doing it after you have lodged the appeal yourself, as long as the solicitor has enough time to prepare the appeal.

[Obie]

OP has been advised to send a reconsideration letter to the UKBA, providing the necessary evidence, however provided the time limit for making such application has not passed , the UKBA will not consider his case. They might have sent his file to the Presenting officer's Unit dealing with his claim. In which case, it is pointless applying for the same, or even making a new application.

The UKBA should have made a request for such information before refusing the application, considering the OP was an holder of an EEA family permit, which establishes some EEA rights.


If however he can show his wife is a qualified person on day of appeal, his appeal will be allowed

[86ti]

Ok, I think I understand now. The appeal goes straight to the UKBA for reconsideration and not to a judge.

[86ti]

One more question: The application form ask for the employer to fill out page 8. Was that done?

[Obie]

Sorry 86ti if i did not explain the situation properly. The case is actually at the court as far as i understand. There is a possibility for the OP to provide the UKBA the evidence required and hope they remake the decision or concede the case.

As there is no guarantee of this, it is best he proceed with the appeal. I dont believe he has asked for a reconsideration, and depending on when he receive his reply, this option might not be open to him, as his file might have already being sent to the HO presenting office in the area where his appeal will be heard.

[mohamed82]

Sorry 86ti if i did not explain the situation properly. The case is actually at the court as far as i understand. There is a possibility for the OP to provide the UKBA the evidence required and hope they remake the decision or concede the case.

As there is no guarantee of this, it is best he proceed with the appeal. I dont believe he has asked for a reconsideration, and depending on when he receive his reply, this option might not be open to him, as his file might have already being sent to the HO presenting office in the area where his appeal will be heard.

u r right obie becouse the letter of refusal did not say antyhing like reconazdration or any thind like that
all they said i can reapplay again for residnce card while 28 day or i can appeal and they send me the appeal application with the letter and i must send it in 10 days or i will be removal if i didnt appeal or reapply again
but if i reapply again for it i must say onther reason why i think i should stay in uk and any repeat reasons of the last application my application wont consider
so i preferd the appeal andi didnt ask lawyer i did that by myself and i i send with the the things which i showed it befor