Help needed please!

[vipo]

hi just wanted to let you know that i have got my application rejected these are the reasons as it is written in the letter:

On the 22 October 2012 you applied for a permanent resident. It should be noted that you have not completed section 3.15 of the application form confirming your relationship to the EEA National. we can only presume therefore that you are applying for a permanent residence card as the unmarried partner of the EEA National.

Unlike direct family members of EEA nationals, unmarried partners have no automatic right to reside under EU law. they will only have the right to reside once we have issued them with a residence card. Until then they are not regarded as living in accordance with the EEA regulations.

As you were not issued with a residence card until 3 September 2010, you would not be eligible for a permanent residence card until September 2015.

you have not therefore resided in the united kingdom with your EEA family member for five years.

Therefore, it has been decided to refuse to issue the confirmation that you seek with reference to regulation 15 (1)(b) of the immigration (European Economic Area) regulations 2006.

I gave all the details demonstrating that I have been living with my partner for over 15 years and I believe the person who were making the decision did not look at all the documents I have sent, It seemed that they were trying to clear a backlog as quickly as possible before the end of year.

they have attached appeal form to the letter which state that


the appeal must be made on one or more of the following grounds:

- that the decision is unlawful because it racially discriminates against you.

- that the decision breaches rights which you have as a member of an EEA NATIONAL'S FAMILY UNDER COMMUNITY TREATIES RELATING TO ENTRY OR RESIDENCE IN THE UNITED KINGDOM

-That the decision is not otherwise in accordance with the law.

If you are in position to submit the necessary information to support your application for permanent residence you may wish to submit a further application.

I need your help please. Do you think the right decision were made? where to start? never made an appeal before, do I need to ask for the services of a lawyer?

Before we go any further here is my previous post related to this case.

Many thanks.

[vipo]

Got this reply from jambo which very helpful

Hi,

The HO went by the book. Time for unmarried partners only starts when the RC is issued.

This is also what I stated in your thread (see http://www.immigrationboards.com/viewto ... 225#637225).

You can appeal. Some forum members have been successful in similar cases when argued in front of a judge (i.e. the judge allowed time before marriage to be counted). Others have failed. A strong argument in your favour is that HO have breached the EEA regulations by not dealing with your application within 6 months. A decision should have been made sometime in 2008 and not in 2010.

You can do that without a solicitor. You can go to the court one day and just sit in a hearing and learn how it works.

May I suggest you also publish your message in the forum. This way you will also get the views of other forum members not just mine.

any other suggestions, please?

[Obie]

when did you apply for the Residence Card. This is an important factor, and not the time you have spent together.

[vipo]

Hi Obie, thanks for your reply that was since the 1st April 2008.

[Obie]

There was an unreported decision on this, this year, some of the finding were quite interesting.

See it below.

I believe you will have a stronger case, come the 5th years after you had applied. You could still try and appeal and see how it goes, you have absolutely nothing to loose.

[vipo]

Thanks Obie, how long do i usually have before making an appeal, because on April this year it would be 5 years (From the date I made my Application). Or do I have to wait till September (which is 6 month after the application was made) to do it. Do I need a lawyer for the appeal. we though that unmarried couples have the same rights as married ones but it is not the case here. That is the reason we never decided to get married. Seems like getting officially married will make things easier.

[Obie]

Marrying now, will make no difference to your qualification date.

You should file in the notice of appeal. It has to be done within 10 working days of receipt of the Notice of refusal.

I believe you could appeal it. Some succeed in those circumstance and some do not.

[vipo]

refusal dated the 27/12/12 and received 29/12/12, this is real close didn't know i only had 10 days. got so much on my plate right now. The form is hard to feel out don't know whether to choose an oral hearing or the one decided on papers (with information provided).
By the way what is the date of service of decision? It says 4/1/2013
Have no clue what it means.
Where can i get assistance to fill out this form? Please. really do need help.
thanks.

[Obie]

That is fine. The tribunal is closed over those period, so you ten working day starts from the 4th. January 2012. You have up to next friday to file in your notice of Appeal.

[Jambo]

Read this for resources on appeals.

[vipo]

thanks Jambo and Obie, I found someone from this websiteand he offered to assist me in filling and do the research for my appeal for a small fee but cannot represent me as he is not fully qualified barrister/solicitor. I could represent myself once we do all researches necessary for my case. he could help me with the legal jargon (my biggest worry) I need to be able present a strong case.
what do you think?
thanks.

[Obie]

Things would have been much more straight forward if you had applied under the 14 years rules, before it was abolished in last summer.

Had i been aware of your thread then, i would have advised you to apply for it.

You qualified from 2008 to apply under the 14 years rules, and you would have possibly naturalised by now.

You can send the notice of decision yourself and work on the preparation later.

It is better to hire a barrister directly, under Direct Public access, than a solicitor, and having to do everything on your own.