EEA2 COA marriage / EEA2 refused / Appeal hope

[Laura1979]

Hey Guys

I need advise and I would like to share experiences, to find if someone as the same trouble with HO.

I am Italian resident in UK and my fiancee is Albanian, it is 1 year and 9 months we are together and 1 year already leaving together. Unfortunately we are able to prove cohabitation for 1 year.

In January 2011 we applied for a Certificate of Approval to get Married, suggested from our previous lawyer. In May the Certificate of Approval has been abolished and we booked the date at Register Office.
At this stage the HO retained the passport of my fiancee coz he didn't have the right to stay in UK, and we weren't able to get married, because we didn't have ID proof for him.

We applied for a EEA2, based on the fact we have a genuine and real intention to get married, but after 4 month has been refused based on the fact we didn't have enough time and enough papers together.

They gave the right to appeal and now we are going through another lawyer (thanks God for that) for our appeal.

We have more proof of cohabitation, because they gave to my fiancee the right to work and he was able to make NI plus self employment paper, but the lawyer said, it can be a bit difficult to get the RC because it's not 2 years we are together. I have plenty of people can witness our relationship and thousand of pictures together in different places and situations.

I find this situation really unfair, because they didn't consider our application since the beginning at all. The fact they abolished the COA for marriage, gave the opportunity to them to retain his passport without taking in consideration the fact we want to get married.

There is someone there has a similar experience to share? I am so stressed, also because the lawyer said if we find the way to get married doesn't mean he can stay in UK.

It's already one year we are looking to get married... how long it will be to go for the hearing?

Thanks so much and really happy for the others who got they RC!! Congratulation

[Azhaar]

can i ask you on what basis they allowed your fiance to work-- cus this is a good sign.. as i have a friend of mine who they refused thier relationship but after a month or so they allowed him to work, so they then applied again and within a month they sent him RC..

[Laura1979]

Thanks for your answer.

When we applied for the EEA2 they sent back after a month the COA with the permission for work. They didn't give any reason why he was allowed.

It was really good because he was able to start a job and he got more paper to prove we are living together.

Did your friend had less than 2 years of cohabitation? Did he applied for a COA of marriage?

THanks

[Azhaar]

Yes. it was about a year and half

[Laura1979]

Hello Everybody


We won the appeal! The judge gave to my fiancee the permission to stay on the basis of a durable relationship akin to marriage.

Does someone knows how long it will take to have back my fiancee passport? Do we have to write to HO or it will be automatically??

So happy

[Obie]

Congratulations on the first success, but try and celebrate cautiously.

The HO has about 5 working days to appeal the decision of the Tribunal, if they dont do that, then they will have to implement the judge's decision.

In durable relationship cases, the tribunal usually allow and appeal and remit the matter to the UKBA to decide whether or not to exercise discretion in the appeallant's favour, and issue a Residence Card, if the HO has not accepted you are in a durable relationship.

If the UKBA has already accepted you are in a durable relationship, but refused to exercise discretion in your favour, then the Tribunal can exercise discretion and ask that Residence card be issued in accordance with Reguation 17(4b) of the EEA regulation.

[Laura1979]

Hey Thanks.

The five days the HO had to appeal are gone.

Our Solicitor, said we are in title of a residence card from now on.

I didn't really get your post, can they do something else???

Thanks

[Obie]

He may be right.

Home Office have 5 days after decision to counter appeal, provided they don't do so, and provided the Judge gave specific direction that Residence Card should be issued to you partner in accordance with regulation 17(4) of the EEA regulation, you will be issued with the Card

[butt37]

conrats,
just want to know how long it took of ur appeal decision reply after submitting the appeal
regards