help what i need to do

[nico2185]

when i applied for eea2 residence card last august 2011 under self employment section after a month they return back all our documents requesting for more documents here are they asking for:
The UKBA has just returned the whole application stating that the documents are insufficient to consider his application. What they require is as follows:

- Recent evidence from HM Revenue and Customs that I am actively engaged as self-employed and registered for and paying tax and NI contributions;
- Evidence showing income earned such as bank statements and accountant letter (As I said before I have no income as I’m not trading yet);
- Invoices or customers testimonials in respect of work done;
- Evidence of advertising/promotion material.

Since then we didn't do something because we can't provide yet the documents they need for the meantime because our business is not yet trading.....

Lat November24 2011 i received a letter regarding my student visa curtailment but i made an appeal and received it last January25 2012and the decision is:

THE APPEAL IS ALLOWED TO THE LIMITED EXTEND THAT ThE APPELANTS APPLICATION OUTSTANDING WITH THE RESPONDENT FOR A LAWFUL DECISION

When we called the First Tribunal they said i won the appeal i need to wait for 8weeks the home office will be the one will contact me about my status

But until now i haven't heard from them,,i already sent them a letter thru post 2 weeks ago no reply yet i already called them but they can't give me the exact answer question about the appeal i won....

Maybe next monday its 8weeks i will the first tribunal and ask them what ill do its 8weeks now since i won my appeal and ask them if they have a contact number from ukba regarding my appeal



I'm thinking now when my partner back here in uk and if his identity card its ok now we plan to apply again for eea2 residence card but under self sufficient, i already check some quotation regarding our csi i thinks its doest matter what services you have in your insurance as long as you have a csi for both of us its now,,,one more problem is the fund because i lost my job last november no income on my bank statement and about his bank statement he don't have enough money anymore because he already bought materials for the both so he don't have income coming in his account,,,,do you have an idea how much we need to become self sufficient ???????????do you think we can use our boat and our source of income when start trading,, maybe the ukba will return back again because of the funds and our business is not yet trading so no income and they will were burden in this country,,,, if they just give a proof to work here i can find a work and my partner can survive with my income and if the boat is trading is much better for both of us??????[/b]

[ca.funke]

Hi nico2185,

I didn´t even read your story, but I advise you to change the title of your thread according to this:

http://www.immigrationboards.com/viewto ... 367#474367

Rgds,
Christian

[Obie]

Appeal being allowed does not mean UKBA are bound to issue you with a visa.

It simply means their decision is not in accordance with the law and needs to be remade. It could be when the decision is remade a visa will be issued, or they could remake a lawful decision and come to the same conclusion.

I believe the EEA 2 may succeed.
The requirements the UKBA puts for self employed, seems too excessive.

If workers are given time to establish properly, then the same must be the case for Self employed.

They cannot be expect to build Rome in a day.

Stay clam and write to them about your allowed appeal.
Once your partner comes and start working, apply for residence Card.

[nico2185]

don't what to do as of now my head is spinning I'm so down ,,,,i talked to my partner he said to me he can't come back to uk for the meantime its been 3 months now when he left in uk because he's doing some stress therapy osteopathy and until now i haven't heard anything from the ukba about my appeal, so i don't know what is my status as of the moment,,, the caseworker in gloucester law centre told me two option to encourage my partner to go back and start trading so we can apply again for residence card and second option is to go back to my country and apply as family member here in if my partner is ok now and our business is trading,,,,,
the lady told me in gloucester law centre the ukba will not made further decision until we haven't apply again for the residence card maybe the ukba will refused my stay and send me a removal direction which i don't like to happen

do you think the best way i can do while my partner is in belguim is to go back to my country and wait him to start trading here and apply family member visa?
im afraid that its hard for me to back here ?
I'm thinking if can sorted out here i want to wait here?

[geriatrix]

hi there i just want to ask something about my visa i have a student visa curtailment last 24th of november 2011 and made an appeal and this is the appeal decision THE APPEAL IS ALLOWED TO THE LIMITED EXTEND THAT TE APPELANTS APPLICATION OUTSTANDING WITH THE RESPONDENT FOR A LAWFUL DECISION
I've been to law centre before which there is a lady caseworker dealing with my appeal then she called today after 2months that she received a letter from home office about my student visa curtailment ,,,the last time i made an appeal it based on my civil partnership ,, it is possible that the student visa curtailed again???????she told me i can appeal but she thinks having civil partnership will not help because i breach working condition of student visa??////if i appeal is that ok??/
if i didn't appeal do you think how many days i need to stay before they said I'm overstayer?

[nico2185]

any advice please

[EUsmileWEallsmile]

You appear to be asking two many questions. It might be better to narrow it down a bit.

Are you married to an EU national?
If not what is the basis of your familial relationship to an EU national?
Is your EU family member in the UK or elsewhere (you suggest elsewhere)?
What does the EU national normally do in the UK? What's their job?

[nico2185]

I'm in civil partnership with my belgian partner,,,,he's self employed but were not trading yet but we already have a necessary documents for us to start our business,,last 24 of november the ukba curtail my student visa because i work more than permitted hours so i made an appeal that they can't remove me because I'm in civil partnership and the decision is this THE APPEAL IS ALLOWED TO THE LIMITED EXTEND THAT TE APPELANTS APPLICATION OUTSTANDING WITH THE RESPONDENT FOR A LAWFUL DECISION so while waiting for the appeal to implement i go to gloucester law centre to help me to know what is my status in regards with my appeal and last 10th of may they received a letter from ukba same as i received in my student visa curtailment but my mine is is asking while my appeal decision they didn't put on the student visa curtailment,,,
is that possible they curtail my student visa again even though they already know I'm in civil partnership?
or is it possible also that they haven't received the appeal decision so they send again my student visa curtailment in gloucester law centre

[Greenie]

your student visa has already been curtailed, a separate issue is whether you can be removed, and the court has held that a decision to remove you would be unlawful whilst you have an oustanding application for residence card. However given that your partner is not currently living in the UK you it seems you do not currently qualify for the card which appears to be what your legal advisor is advising you. You would be better seeking advice from your advisor if you are unclear since s/he has he benefit of knowing all of the facts of your case.

[nico2185]

thank you greenie for the reply she wants me leave the country and apply for the family permit in my country,,,,i think the game is over so i need to leave the country asap?
question is that possible to curtailed again my visa with same issue they put on first curtailment of my student visa?which is working more than permitted hours?i just thinking maybe they haven't received the appeal decision?
do you think it is possible for the home office to extend my leave before my visa run out on july 2012?for the sake to help my partner in our business

[nico2185]

heel there its been a few months since i haven't post here,,, since i received a letter from my caseworker that the ukba curtailed again my student visa for the second time around i made an appeal last may 2012 then just paid it last week of june 2012 so know I'm still waiting waiting for the appeal decision for the second time regarding my student visa curtailed,,,,my student visa is expire this coming 17th of july 2012,,what will happen while I'm sting waiting for my appeal?if its after my visa I'm still waiting for the appeal do you think i overstay my visa?i know my visa is not valid because I'm already in civil partnership but since then i haven't reapply again for eea2 residence card the first application we made they return and need more documents last august 2011 so since then we haven't applied again because my partner still not here in uk because of his condition and his mother condition so they are still there so thats make me worrying that we haven't applied for eea2 everyday we communicate each other he told me he will do everything to come back in uk and finished our business and start trading

[nico2185]

help please

[Jambo]

If you appealed in time, your status should stay unchanged until a decision is made On the appeal (even if visa expires).

As Greenie already advised you before, If your CP is not living in the UK anymore (for over a year), then you can't reside in the UK as his family member.

[nico2185]

hi jumbo thank you for the quick reply much appreciated

1.so for the mean time i just need to wait for the decision of my appeal then?

2.do you think the ukba or home office will know that my partner is not here in uk as of the moment?he still in spain having some treatment because he's not feel enough?

3.what will happen if its more than a year?

4.currently I'm thinking I'm still waiting for the decision if its allowed or refused do you think its better for me to go back home and wait my partner to start trading and apply eea family permit do you think it will be ok?

[Jambo]

1. Unless you have something better to do.
2. They don't know but when you apply you need to provide evidence he is in the UK which might be difficult if he is not.
3. He breaks his residency and can't be considered as someone exercising treaty rights in the UK.
4. I can't advice you what to do. If you don't have any legal way to stay in the UK, then you will need to leave the UK.

[nico2185]

hi jumbo thank you for the answer
i made an appeal last may ,i received a letter from first tribunal that my appeal is out of time last friday ?what i need to do the letter from ukba dated 3rd of may when the gloucester law centre received it 10th of may the first tribunal said it should be 17th of may they received but they received it 24th of may and they send me a letter that i need to pay before june 26 so i pay before that 22nd of june?
do you think i will write a letter to tribunal about that the gloucester law centre received the notice of decision from ukba 10th of may so since then its start the 10 days working days not weekends included so i submitted on time?

[nico2185]

hi there i made an appeal last may 3 2012 about my curtailment of my student visa and after few months i received the the decision today that it was dismissed and they enclosed a form permission to appeal to upper tribunal...i planning to ask for permission to appeal with that, do you think its worth appealing in upper tribunal? how many days or months to wait if they will allowed you to appeal in upper tribunal?and if they allowed me how many days or weeks need to wait for the decision of the upper tribunal?i made a paper hearing in first tier tribunal is its the same with upper tribunal can be paper hearing also?

[nico2185]

hi there i just received a letter from first tier tribunal about my permission to appeal to upper tribunal and it was dismissed but they included a form to appeal to upper tribunal,
question?
1.do you think i need a legal adviser with this because since i appeal last year me and friend just doing a letter to appeal because i know if the upper tribunal refused your permission to appeal that the end of it right? where do you think i get a affordable legal adviser to help me with my appeal
2. how many days i need to appeal with the upper tribunal?ive seen in there website is 7days is that correct?
3,what if i lose my appeal in upper tribunal what will happen>?do i need to go back to my home country?
4.what if i lose my appeal , do you think im still legal here because im still in civil partner with my partner?
please any advice will help and i know you help me most of the time since i appeal last december and still thankful that im still here in uk and fighting about my appeal

[nico2185]

please any advice please