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Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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jovon
Newbie
Posts: 30
Joined: Sun Jul 01, 2012 7:19 pm

Help please

Post by jovon » Tue Apr 23, 2013 1:35 am

Just some clarification needed pls
Am a family member of an eea national(my mother) I got married to an overstayed we both live with my mother and I applied as an extended family member for my husband who's my mothers son in law as we are bot dependant on her and live in the same household.is this possible.thanks for ur replies.

reabs
Junior Member
Posts: 93
Joined: Tue Apr 09, 2013 11:31 am

Re: Help please

Post by reabs » Tue Apr 23, 2013 11:37 pm

Some clarification is required I believe to delve into your query deeper.

You are a non-EEA national resident as a dependant of an EEA national.

Your husband is also a non-EEA national and is dependent on your mother who is an EEA national.

Your husband has overstayed his current leave.

Is this correct?

If it is, I would advise against making an application in country as your case is not strong enough - shaky even. At present it appears to meet the grounds for refusal for an EEA family permit listed below:
We will refuse your application if:

You are involved in a 'marriage or civil partnership of convenience'. This is a marriage or civil partnership that is for immigration purposes only, with neither person planning to live with the other in a genuine and settled relationship.

You cannot provide evidence of permission to be in the country where you are applying (he is not a UK national).
It would probably be better to retain the services of competent counsel to provide advice and help with any application.

jovon
Newbie
Posts: 30
Joined: Sun Jul 01, 2012 7:19 pm

Re: Help please

Post by jovon » Wed Apr 24, 2013 12:48 am

reabs wrote:Some clarification is required I believe to delve into your query deeper.

You are a non-EEA national resident as a dependant of an EEA national.

Your husband is also a non-EEA national and is dependent on your mother who is an EEA national.

Your husband has overstayed his current leave.

Is this correct?

If it is, I would advise against making an application in country as your case is not strong enough - shaky even. At present it appears to meet the grounds for refusal for an EEA family permit listed below:

I don't think that's right because we are married for real we even have a child together so I don't see how u can call that a marriage of convience
We will refuse your application if:

You are involved in a 'marriage or civil partnership of convenience'. This is a marriage or civil partnership that is for immigration purposes only, with neither person planning to live with the other in a genuine and settled relationship.

You cannot provide evidence of permission to be in the country where you are applying (he is not a UK national).
It would probably be better to retain the services of competent counsel to provide advice and help with any application.

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