- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
aliaziz wrote:Hi
Thank you for your replies. The situation of her mental illness was out of my hands. Her mental illness did not allow her to continue so working for at least 2 years was out of question. This is what I explained that these were unforeseen circumstances so what could I do? I thought they would consider this on compassionate grounds but they don't seem to budge? What about any Human Rights act that comes into play here?
Following is the letter in fill that I received:
On 14 OCtober 2009 your applied for permanent residence card on the basis that your EEA national sponsor was exercising treaty rights for 5 years through permanent incapacity.
This application was refused with a Right of Appeal on 26 March 2010.
On 30 June 2010 you appealed this decision before the First-Tier Tribunal and on 08 July 2010 Immigration Judge dismissed your appeal.
You submitted an application to the Upper Tribunal on 15 July 2010 and this was granted on 11 August 2010.
Your appeal hearing against the determination of Immigration Judge was heard on 09 Feb 2011 and your case was dismissed again on 15 Feb 2011
Under regulation 26(1) of the 2006 Regulations provides for a right of appeal against an EEA decision. However as your previous application has been refused and dismissed appeal at appeal you do not have a right of appeal.
Your application has therefore been refused under Regulation 26(4) and (5) of the 2006 Regulations.
If you consider that you have a right to reside in the UK as a matter of European law, and are in a position to submit the necessary information to support your application for permanent residence as recognition of that right you may wish to submit a new application.
Well thats that and at the end it says as you have no further right to stay in UK you should prepare to leave you passport has been retained and send to national case ownership unit etc etc
Now I don't have a clue what hes talking about coz a fresh application IS what we submitted.
Thanks in advance for your advice(s).
You can reapply as you have said, but i know if they say you cannot appeal and they try a removal order that will trigger another right of appeal to the court. as long your eea apouse is still living in uk. then you can use your right to family life. listen to the example people are giving here as it help alot hopefully in your new application.aliaziz wrote:Basically when I filled the form in it said that tick all the treaty rights that apply so I ticked permanent incapacity, worker and self-sufficient, because I thought all that did apply. The judge did accept her as a worker because in Regulations it does say that if a worker stops working not because of her own making it illness then the rest of the period should be considered as working. The judge had no problems with that they also recognised her being mentally disabled as per the medical reports attached. But advised after dismissing the appeal to lodge a fresh application with one clear reason - which we went for this time I.e. Permanent incapacity, and the letter above from HO is the latest correspondence.
Can you post the text of the determination from the judge?aliaziz wrote:Basically when I filled the form in it said that tick all the treaty rights that apply so I ticked permanent incapacity, worker and self-sufficient, because I thought all that did apply. The judge did accept her as a worker because in Regulations it does say that if a worker stops working not because of her own making it illness then the rest of the period should be considered as working. The judge had no problems with that they also recognised her being mentally disabled as per the medical reports attached. But advised after dismissing the appeal to lodge a fresh application with one clear reason - which we went for this time I.e. Permanent incapacity, and the letter above from HO is the latest correspondence.
When you have a chance to try to understand some of the issues in your situation before you turn to a good immigration lawyer, then you both have a better chance of communicating clearly and can better evaluate how good the lawyer is.EUsmileWEallsmile wrote:Please engage a good professional immigration lawyer. You may find that you are breaking new ground.