important advice pleeeeeeeeeeez nd queckly?

[mohamed82]

i received today the letter from first tribunal and says my appeal is allow and nd i must send the application within 5 days
this appeal to against homeoffice dection coz they refused my eea2 applications
will i reaplay new eea2 application and summbit the edvidnce ?
and is it will be at the same adress ?
plz need this advice so quickly

[mohamed82]

i just recive the letter today and i dont know what to do
and they say i must send the appliation wthin 5 days
nd dont what application they mean and where should i send it

[John]

It is not clear what the letter is saying. Can you post the exact wording of the letter?

[mohamed82]

It is not clear what the letter is saying. Can you post the exact wording of the letter?

sorry john it was missunderstand but after i read the letter carfully i undrstand that if i dont like the decition of the the first tribunal i can send thm within 5 day to upper tribunal.....so
lets start over john
now my appeal allow so what i should do then ?
what the next step .....

[John]

Earlier you posted :-

i received today the letter from first tribunal and says my appeal is allow

Are you absolutely sure about that? You won your appeal at the First Tier Tribunal?

[mohamed82]

Earlier you posted :-

i received today the letter from first tribunal and says my appeal is allow

Are you absolutely sure about that? You won your appeal at the First Tier Tribunal?

yes at the end of the letter there is decition say
the appeal allowed

[John]

Then given you agree with the decision of the First Tier Tribunal, of course you don't want to appeal to the Upper Tier Tribunal.

[Greenie]

i received today the letter from first tribunal and says my appeal is allow and nd i must send the application within 5 days
this appeal to against homeoffice dection coz they refused my eea2 applications
will i reaplay new eea2 application and summbit the edvidnce ?
and is it will be at the same adress ?
plz need this advice so quickly

You need to wait now in case UKBA appeal. They have 5 days to do this.

After 5 days call the Tribunal to ask if the Home Office has applied for permission to appeal.

If they don't appeal then you should write to the UKBA EEA team with a copy of your determination and ask them to implement the decision (issue your residence card). You don't need to make a new EEA2 application and submit the evidence again.

[mohamed82]

i received today the letter from first tribunal and says my appeal is allow and nd i must send the application within 5 days
this appeal to against homeoffice dection coz they refused my eea2 applications
will i reaplay new eea2 application and summbit the edvidnce ?
and is it will be at the same adress ?
plz need this advice so quickly

You need to wait now in case UKBA appeal. They have 5 days to do this.

After 5 days call the Tribunal to ask if the Home Office has applied for permission to appeal.

If they don't appeal then you should write to the UKBA EEA team with a copy of your determination and ask them to implement the decision (issue your residence card). You don't need to make a new EEA2 application and submit the evidence again.

i didnt send home office any evidnce in last aapplication thats why they refused my application
in first applications i sent it in augost it was eea2 including our passports and marriage cirtficate thts all we send becouse we didnt know that we must send many documents
they home office send us in decimber and they refuse my application and the notice of refuse said ur wife ( europ wife ) is not qualify person in uk becouse u faild to prove that she is worker or student or job seeker
but my wife working as full time long time ago till now but we didnt send it with the applications
then we appealled but we send copy of documents and we was there me andmy wife and at the end the judge said i have to a prove ur applications and after two days they send us a letter said ur appeal allow

thats my case if u want ask any question plz do

im lost i dont know what to do more
my hearing day was at mondey and i recivd the letter at wensday frm first tribunal .

[mohamed82]

Then given you agree with the decision of the First Tier Tribunal, of course you don't want to appeal to the Upper Tier Tribunal.

hhhhhh sure i dont want sir thats great
but im lost i dont now what to do
can i send u copy of this letter nd u say to me what to do

[mohamed82]

It is not clear what the letter is saying. Can you post the exact wording of the letter?

DETERMINATION AND REASON..

1-the appllent a citizen of egypt born.........applied on 31/8/10 for a family residence card in recognition of his residence in uk as the husband of ............a polish citezen exercising EU TREATY RIGHTS IN THE UK .this was refused by the respondent on 14/12/10 under refrence COHD
2-the applellant appealed pursuant to section 82(1) of the nationality immigration and asylum act 2002
3-the principal evidnce was given by ........in english. i have had placed before me bundles of documents by both parties which appear to contain the papers submitted by the appellant insupport of his application and appeal

THE LAW

4- the immigraion ( europ economic area ) regulations 2006 ( the regulations) sets out the provisions relevant to this matter . and particular regulations 6 and 7

5- the burden of proof is the appellant to satisfy the tribunal that his application falls within the regulations .the standars of proof is the balance of probabilities

6-in a making my determination iam able to take into account all relevant evidence pursuant to section 84(4) of the nationalty immigration and asylum act 2002 including evidence arising after the date of the respondent`s decision

issues

7- the respondent refused the application because he considered that the appellant had not supplied evidence that his wife was warker in the UK or qualified under regulation 6

GROUND OF APPEAL AND SUBMISSIONS

8- the appellant supplied the messing proof in documentary form by th way of his appeal

FINDING OF FACT AND CREDIBILITY

9- i find there is clear documentary evidence that mrs .......has been working for ......recruitment ltd from befor the appellant`s application and up to the relevant time

10- mrs.....also explianed the presentation of the arabic marriage certificate with polish extract and english translation..she also gave evidence as to the language she and the appelant communicate in.

11. i find this evidence satisfied the requirement of the regulations that was in disput,
i found therefor that he does fulfil the regulations for the purpose od a residence crd

CONCLUSION

12- i therfore find that the appellant has shown that he is entitled to be recieve an EEA residence card

13- i accordingly find that the decision of the respndent to deny the appellant a residence card was not accordance with the law

DECISION
i allow this appeal

this is the letter
what do u think

[John]

Great, clearly you have won! I hope you enjoy living in the UK with your wife.

[mohamed82]

Great, clearly you have won! I hope you enjoy living in the UK with your wife.

my questions i will wait and see if the home office will appeaal to upper tribunal in 5 days ?
and should i make onther application and send it with the orginal documents which i show them to first tribunal?

thanx john

[Greenie]

Great, clearly you have won! I hope you enjoy living in the UK with your wife.

my questions i will wait and see if the home office will appeaal to upper tribunal in 5 days ?
and should i make onther application and send it with the orginal documents which i show them to first tribunal?

thanx john

No you don't need to make another application! please see my earlier reply. Your appeal has been allowed by the tribunal which means that as long as the UKBA doesn't appeal then they should issue your residence card.

[John]

UKBA cannot just appeal because they feel like it. They have to feel that the decision of the First Tier Tribunal was wrong in law.

Given the Tribunal reached the conclusion that your wife was exercising Treaty Rights as a worker, that is, as an employed person, I think UKBA will struggle to come up with a good reason to appeal. After all they cannot appeal against the findings of facts found by the Tribunal, except by showing that no reasonable Tribunal could have reached that conclusion when presented with the evidence actually presented to them.

Of course it is not possible to guarantee this, but I would be very surprised if UKBA do appeal.

[mohamed82]

UKBA cannot just appeal because they feel like it. They have to feel that the decision of the First Tier Tribunal was wrong in law.

Given the Tribunal reached the conclusion that your wife was exercising Treaty Rights as a worker, that is, as an employed person, I think UKBA will struggle to come up with a good reason to appeal. After all they cannot appeal against the findings of facts found by the Tribunal, except by showing that no reasonable Tribunal could have reached that conclusion when presented with the evidence actually presented to them.

Of course it is not possible to guarantee this, but I would be very surprised if UKBA do appeal.

but i still not sure about home office u know them they alwayes creat problem for refuse
anyway my wife is live here legal 6 years and she is fully work in this 6 yeas in offcial job and she speak english very well
if the home office appeal its no problem becouse my wife anyway she will apply for uk nationalty in june becouse in june she wll be complete 5 years live here working and live after residence card which she had 5 year ago

[Obie]

Congratulations Mohammed.

I just wondered how long did it take between you application for appeal and the final appeal decision.

Enjoy your residence.

[mohamed82]

UKBA cannot just appeal because they feel like it. They have to feel that the decision of the First Tier Tribunal was wrong in law.

Given the Tribunal reached the conclusion that your wife was exercising Treaty Rights as a worker, that is, as an employed person, I think UKBA will struggle to come up with a good reason to appeal. After all they cannot appeal against the findings of facts found by the Tribunal, except by showing that no reasonable Tribunal could have reached that conclusion when presented with the evidence actually presented to them.

Of course it is not possible to guarantee this, but I would be very surprised if UKBA do appeal.

i called the first tribunal costumer service nd thy said to me tht home office didnt appeal first tribunal nd first tribunal decition was final

so wht i should do next?

[John]

Be a little patient, and await the arrival of the Residence Card!

[mohamed82]

Be a little patient, and await the arrival of the Residence Card!

my passport still with me and i didnt send any documents yet to home office
i will tell u my case
i applaid for a appliaction for residnce card then they refuse me then i i have appeald and i sent copy off all evidnece needed to support my appeal only copis and i won
so i have in ny house our passports and the orginals and also the letter from the first trubinal that he allow my aplication

[geriatrix]

In that case, wait for UKBA to request for your passport to be stamped with residence card.

[mohamed82]

In that case, wait for UKBA to request for your passport to be stamped with residence card.

how longi shouls wait ? now its nearly one mounth ?

[mohamed82]

In that case, wait for UKBA to request for your passport to be stamped with residence card.

they been asked for my passport and i have sent it to them how long do think it will take ? should i call them ?