Eu family member seperation

Post by **Directive/2004/38/EC** » Fri Jun 03, 2011 2:25 pm

chetan3985 wrote:because i have the appeal which is going to be in court (on my appeal letter it states hmrc)

What exactly are you appealing? Are you appealing your student visa rejection?

chetan3985 · Post by **chetan3985** » Sat Jun 04, 2011 4:43 am

yes, because in rrfusal letter of student visa there are removal from country orders as well if i didnt attend appeal!

Nimitta · Post by **Nimitta** » Sat Jun 04, 2011 6:37 am

chetan3985 wrote:yes, because in rrfusal letter of student visa there are removal from country orders as well if i didnt attend appeal!

Sounds absolutely crazy. You are still married to your EEA spouse who is exercising her treaty rights in the UK. You can apply for anything you want, get refused and still retain your rights to remain in the UK as a EEA family member.
How on the Earth the wrong application for a student visa can deprive you of the rights of EEA family member?

Post by **Directive/2004/38/EC** » Sat Jun 04, 2011 12:15 pm

I agree!

Is there some history that you have not mentioned, and which the lawyer is aware? You might also want to consider getting the opinion of a different lawyer.

chetan3985 · Post by **chetan3985** » Sat Jun 04, 2011 1:30 pm

well in student visa refusal letter, UKBA mentioned the removal orders as well. so that is what i am fighting that at least they cant issue removal orders for me from country until i sort divorce with my separated wife. and plus after my visa expired, my employer is not allowing me to work even i am still EEA family member legally. until the appeal is decided.

Post by **Directive/2004/38/EC** » Sat Jun 04, 2011 1:40 pm

Do you have professional legal advice (from a solicitor) to support you through all this?

chetan3985 · Post by **chetan3985** » Sat Jun 04, 2011 1:56 pm

yes, i am dealing with the lawyer. he asked the court to send a summon to my wife to present in court and give the evidence of her work, but my worry is what if she neglect that summon!

Post by **Directive/2004/38/EC** » Sat Jun 04, 2011 6:32 pm

chetan3985 wrote:yes, i am dealing with the lawyer. he asked the court to send a summon to my wife to present in court and give the evidence of her work, but my worry is what if she neglect that summon!

Why did your lawyer advise you to appeal the Student visa application? Why is your wife working relevant for that appeal?

SSEF · Post by **SSEF** » Sun Jun 05, 2011 12:47 am

Directive/2004/38/EC wrote:chetan3985,

You may also find that, when the time comes that you need the proof your wife was working, that your wife is quite willing to help you with the documentation. People you have been involved with can be genuinely helpful! (plus it will save her time and effort to do that).

What makes you think that she is going to be helpful, you dont know the facts surrounding their break-up, she may never want to see him again and want a quick divorce! Yet another case of marry in haste repent at leisure! Or marry because someones visa is coming to an end!!!

Post by **Directive/2004/38/EC** » Sun Jun 05, 2011 1:25 am

SSEF, thanks for your insight into marriage. I hope it worked out for you in the end!

chetan3985 · Post by **chetan3985** » Sun Jun 05, 2011 11:20 am

the lawyer whom i was consulting in the beginning advised me to appeal for student visa because even i wanted to study and my fmrs was coming to an end, and my wife was separated from me at that time and now she dont want o be with me anymore. so even she dont want to even be in touch with me thats why she is not giving me any help for my visa as well.

Post by **vinny** » Sun Jun 05, 2011 12:31 pm

Did your lawyer think that you will be able to win the student appeal? 245ZX(b) seems to be unsatisfiable.

Post by **Obie** » Mon Jun 06, 2011 9:17 pm

vinny wrote:Did your lawyer think that you will be able to win the student appeal? 245ZX(b) seems to be unsatisfiable.

I have advised the OP before that the requirement of 245ZX(b) can clearly not be met in his case. Even if it could be met, that leave has clearly expired before he submitted the Student visa application.

He can however make a statement under s120 of Nationality, Immigration and Asylum Act 2002 which is allowed under s85(2) raising the Right as family member of an EEA national. And the tribunal has be power to allow his appeal if it is found he has such rights.

I find it hard odd that any solicitor will advice a client that they can challenge the legality of 245ZX(b) by means other than a successful JR. The tribunal are of course bound by it, and cannot lawfully ignore its existence.

Post by **Directive/2004/38/EC** » Tue Jun 07, 2011 1:45 am

To me it is not clear how extensive (in time, focus, or breadth) the advice of the solicitor was.

chetan3985 · Post by **chetan3985** » Sun Jun 12, 2011 8:28 pm

well, on my appeal after all you experts help my lawyer sent the skeleton for court mentioning all these points, and guess what after getting in front of judge, judge allowed the appeal within 5 mins as i m still family member of e8 national and as we are not divorced yet but just separated, my wife is still undersizing treaty rights, but even after sending her summon by court to be present in court to show that she is still working, she didnt appear in court, but still he allowed the appeal and said that i can continue doing whatever i am doing! and appeal is allowed!

now we didnt got anything is written by court but i guess they may write to me within 2 weeks of time. now will i get a visa stamp on my passport or there will be just court order to carry on working? so i m waiting for their written response from court or from secretary of state!

anyways thank you very very much for all u guys such a valuable help, which helped me to win this appeal!

Post by **Directive/2004/38/EC** » Tue Jun 14, 2011 4:52 pm

It would be interesting to read an edited version of the judges opinion when you get it!

Immigrationboards.com: Immigration, work visa and work permit discussion board

Eu family member seperation