won appeal for FP = won appeal for residency card?

[Pablito]

Hello its been awhile.....

Apparently we won the second appeal for residency card or rather should I say that Judge after his finding that my wife already won first appeal from outside UK for family permit he needn't decide anymore because as he stated the first appeal should be sufficient to get my wife's residence card.

Question: can someone please enlighten me regarding legal aspect of Judges' statement? He even told my wife that she needn't come to the appeal hearing for the second time...

We are not quite sure what to do about it now, we will be waiting for papers from the tribunal with determination but meanwhile I also involved my local MP to act on our behalf when dealing with Home Office.

I will much appreciate if anyone has any idea about it and share here.

[euroguys]

Thats great news Pablito I remember your story do you have the FP appeal ruling ? if so it would be interesting to have the words used along with the eea2 appeal wording this could be very interesting for folks

ps your sig needs updating

[Pablito]

I will try to post it when i have little spare time..

[jestew]

We are not quite sure what to do about it now, we will be waiting for papers from the tribunal with determination but meanwhile I also involved my local MP to act on our behalf when dealing with Home Office.

Hi Pablito - Thanks for your post! I thought that was really a good idea to involve the local MP. My british fiancee is now writing to her local MP to check in and see where they stand on the HO immigration policy.

I'm also really curious about what you've written. I have just joined the list and so I'm not familiar with your story. It seems that your wife was refused a FP to enter the UK but you were able to go to the UK anyway and apply for a residence card anyway. Is that correct? If so I wonder what reason there is to apply for a FP when I can apply for a residence card directly?

Curious...

[dalebutt]

No particular reason to apply for family permit, in fact it is not necessary if you can manage to get to the border or inside the UK, but you stated you are British? do you think you meet the requirements under the new changes?

[Pablito]

Yes you're right, but I didn't want taking chances with possibility that we would not be admitted to UK and our appeal right was lost. Also I believed that if we ignored our already second refusal for FP that would tantamount for greater doubt about our credibility in case our application for residence card was refused again.

[jestew]

No particular reason to apply for family permit, in fact it is not necessary if you can manage to get to the border or inside the UK, but you stated you are British? do you think you meet the requirements under the new changes?

Thanks for responding... I'm a US passport holder, my fiancee is british.

But now I'm confused. I thought I couldn't apply for a residence card unless I applied for a Family Permit, first. But pablito didn't need his FP to apply.

I'm in Ireland now and when I arrived (Dec 24 evening) the Garda official at the border warned me that if I was caught inside the UK I would be deported to the US. I assume this is because I was previously refused entry to the UK.

(I flew to Heathrow in April 2013 and they turned me back to the US. I said I was coming to visit friends and family for 6 months. They said in my refusal that they thought I was lying and was going to work and overstay my visa. I applied for and got a 6-month visitor visa and came to the UK in July 2013. I was previously visiting for 6 months in 2012 and for 3 months in 2010. I never have overstayed and I never have worked or used NHS on any visit)

So can I just get on the ferry with my partner and go back to the UK once we get married in Feb? And apply for a residence card? There is no UKBA immigration checks on the ferries to Hollyhead so I can just get on with my wife and her daughter and cross. But what about being told I would be deported? What evidence do I need?

Gosh... I've read so much about the EEA-Route and it seems I know absolutely nothing... Thanks everyone for sharing...

[euroguys]

Jestew how long has your wife to be been in Eire and what has she been doing there? once you are married you would need to be living together in Eire if she is exersizing treaty rights you could apply for a residence card but you can both return to the UK only if she is deemed to have been a worker/self employed in Eire the current information does not appear to make you eligible under European rules for the UK What was the basis of your entry to Eire?

[Pablito]

In my own view you could do that, but I would strongly recommend you having proof of legal stay in UK when you apply because you may get yourself into some sort of problems and refusal.

Secondly you understand that since your wife is British she will need to prove that she had exercised her treaty rights in another member state?

[jestew]

Jestew how long has your wife to be been in Eire and what has she been doing there? once you are married you would need to be living together in Eire if she is exersizing treaty rights you could apply for a residence card but you can both return to the UK only if she is deemed to have been a worker/self employed in Eire the current information does not appear to make you eligible under European rules for the UK What was the basis of your entry to Eire?

I've just added a signature that includes our information. My fiancee and I are to be married here in Eire in Feb and she is her on an employment contract until Mar that is renewable if she wants to stay. Before the new restrictions came in Dec we were going to apply for a FP for me to return to the UK in Mar, but now we are thinking to wait until Apr but I don't know if that's stupid and we should wait until she's been working here a full 6 months.

I'm still unclear whether it will have bad consequences for me if I skip applying for the FP and instead re-enter the UK and apply directly for an EEA2 with all the paperwork for the FP. Especially because of what the Irish immigration officer told me when I entered Ireland. Warning me that my passport had been stamped with a warning that if I was caught entering the UK I would be deported. It all seems too much.

Any advice? Thanks.

[Pablito]

Jestew,

If you are already married in my opinion it wouldn't be so straight forward removal. But I would really consider this optionoption as a risky one. In our refusal it was alleged that we illegally entered UK. Apart from that I think the odds are that you are more likely face refusal if you apply from UK than for your FP from Ireland. Once you get your FP it should be straight forward application to get EEA2. The choice is yours. I think I've got some knowledge already, it's been over a year already.

[euroguys]

Pablito although the HO alleged you had entered unlawfully you clearly hadnt since it was there refusal that turned out to be unlawful. Under European Directives the entry refusal for Jestew is irrelevant since it was based on opinion under National rules he would in the UK be fully able to make an application and be legal in the UK until either a residence card was issued or all avenues of appeal against a refusal had been exhausted

[Pablito]

Second appeal determination arrived today with award of 140£ also we had been paid already 80£ for previous appeal.

At some point I'll try to find time to write both determinations here.