Help needed ASAP as I am in serious crisis,96hours left help

[nchowdhury]

Hi Everyone,

Bit of good news, as home office have sent me a letter that I can work till my application to stay with my girlfriends approve. As mentioned before she is an EU national.

Indeed very anxious time for me but hoping and praying all will go fine.

Regards
Deltauk

Hi Deltauk,
My prayers with hope you back more strongly.
One question if you dont mind.
How did you manage to get the permission to work from HO?
Thanks and regards
N. Chowdhury

[deltauk]

Many Thanks for your wishes. As mentioned my lawyer actually got a letter which entitles me to work.

Currently I am working on sending a letter to them regarding my dads condition. I hope things work out for me.

Regards
Deltauk

Hi Everyone,

Bit of good news, as home office have sent me a letter that I can work till my application to stay with my girlfriends approve. As mentioned before she is an EU national.

Indeed very anxious time for me but hoping and praying all will go fine.

Regards
Deltauk

Hi Deltauk,
My prayers with hope you back more strongly.
One question if you dont mind.
How did you manage to get the permission to work from HO?
Thanks and regards
N. Chowdhury

[deltauk]

Guys I really need some help once again. I got a reply from Solvit UK and they said that SOLVIT Germany have declined the case giving me this explanation.

Ihave now received a response from SOLVIT Germany, who have declined to take up the case as they have determined that you should not be entitled to apply for a residence card under Article 10 of the Directive 2004/38/EC because you do not satisfy the eligiblity requirement of Article 2 in order to benefit from the provisions of the Directive.

To explain, Article 2 defines the citizens who are entitled to benefit from the right to move and reside freely in Member States. Article 2(1) covers the right of an EU citizen, for example your partner. Article 2(b) covers the right of the partner of an EU national, the partner being defined as someone in a registered partnership or who is residing on the basis of the legislation of the host Member State if there is no registration requirement there, and so living in accordance with the conditions as laid down in the host Member State for the recognition of a partnership. The United Kingdom, which is the host Member State, requires proof of two years of living together, but also the partners must be lawfully present, legally residing in the UK.

From the information you have provided, you are not legally resident in the UK, you do not therefore appear to be eligible under Article 2(b) to be recognised as a partner, and you cannot therefore exercise any of the rights provided to those who are eligible under Article 2(b).

If you wish to discuss this matter further with SOLVIT Germany, However, I can only deal with matters which fall under the Directive, where another Member State provides me with evidence that your rights under the Directive are being breached, at this present time this is not yet established.

I appreciate that you will be disappointed by this response. You are welcome to contact SOLVIT Germany to clarify this decision.

Regards

If Solvit is saying i have no case then the what is HO doing just waiting to refuse it after a 13 months ???

Please advise i am loosing my grip here.

Regards
[/quote]

[nchowdhury]

Hello Deltauk,

Below link might help you (very useful link), make sure your solicitor is aware of this as this is been posted very recently. Spcially see Chapter 53.

http://www.bia.homeoffice.gov.uk/siteco ... dremovals/

Regards
N. Chowdhury

[paulp]

Guys I really need some help once again. I got a reply from Solvit UK and they said that SOLVIT Germany have declined the case giving me this explanation.

If Solvit is saying i have no case then the what is HO doing just waiting to refuse it after a 13 months ???

Please advise i am loosing my grip here.

Regards

Delta, once again, the home office sometimes can take a very long time in overstayer spouse/partner applications in-country, probably because these cases are not straightforward. Even then, the chances of success are not that good.

[deltauk]

Dear Members,

Firstly I hope everyone is doing fine. I would like to update and share few things with everyone. As always; I would like you to send me your opinion/views/advices etc.
As you are aware about my history I would like to come to the point without wasting your time. Firstly my passport is still with HO (coming up to 17 months now).

Last month my fiancé and I decided to marry in Church of England with all the formalities of the church duly done. Now my question to the forum member is that technically I am her family now (she is an EU national, exerscing her rights)

What should I do? Should I send HO a new application or send the documents (marriage certificate, engagement pictures/marriage pictures, evening party receipts, church documents/booking forms and various other documents)
Will i be given a family permit now or do I have to wait and see what happens. These last 17 months have been extremely stressful and full of anxiety. I have been through enough and still not sure how long this is going to take?
Can please someone let me know what should be my next move? I was told that once I get married to my fiancé things will be different and it might speed up the process. Not really sure what will happen now so wanted to ask forum before I take any decision.
Another thing i wanted to add was that when i was reading the Entry Clearance Guideline – Chapter 21 – The European Dimension. I found the following text

“The applicant is not lawfully resident in a Member State
In refusing the application on this ground you must be satisfied that you have given the applicant every opportunity to provide you with evidence of their lawful residence in a Member State. It may also be appropriate to consider this with other grounds.
The following form of words should be used:

You have applied for admission to the United Kingdom by virtue of European Community Law as the family member of a European Economic Area national who is exercising, or wishes to exercise, rights of free movement under Treaty establishing the European Community in the United Kingdom. However you have failed to produce evidence of your lawful residence in a Member State and I cannot be satisfied that you are lawfully resident in a Member State and thus have a right of movement as the family member of an European Economic Area national.â€

[deltauk]

Hi,

Please can some one send me a reply.Look forward to hear.

Regards
Delta

[yankeegirl]

Hey Delta!

First off, congratulations on getting married!

Now about the family permit, the Entry Clearance info you've looked at doesn't apply to you. That applies for those seeking to enter the UK from another EU state. The family permit is what you would apply for if you were abroad; since you are already in the UK, you should be applying for a residence card using form EEA2.

I am not sure if you can just send in new info (marriage certificate) in support of the existing application or if you'll need to send in a new application, but in either case, definitely make sure they know circumstances have changed and that you are now married. Being a family member (spouse) vs an extended family member (unmarried partner) does change things a bit and they shoud definitely be given an update.

[deltauk]

Hi Everyone,

Many Thanks for your reply. I am about to send me marriage certificate along with other documents to HO. I hope this will be the final bit and I should hear good news very soon.

I will keep you posted.

Besr Regards
D

[deltauk]

Thanks Guys,

Info has been sent to home office and now keeping my fingers cross, lets wait and see.

Kind Regards
D