IS75 &IS76 issued to EEA family Member

[tonga]

I have got to a point where i am so pissed off with the UKBA that i am now fighting for the principle even though my chances of success look remote here is the background.

I met my wife in 2005 and we started living together early 2006
-got married in 2007(sept)
-my wife worked from 2005-08 and was a student au uni from 08-10 (she has been working since oct2010)
-RC was issued in dec 2007 and expired 2012
-I submitted EEA4 application which was refused in April 2013 on the grounds
A- Application refuse on grounds i had not resided with my wife for 5years( evidence not comprehensive enough between dec 07 & 08 to support my residence)
B- you have not provided a declaration of sufficient resources therefore my wife was a burden to social assistance(therefore no exercise of treaty rights continuosly for 5 years)

I was out of time to appeal so then requested a reconsideration which was refused in June 2013 and which was refused and i did not bother to make another application.

-August 2013 i received a letter from Capita(Statement of Intention to Depart) asking me to go back and i phoned them informing them that i was going nowhere as i had no reason to do that.
- December 2013 i received an Immigration Status Questionnaire and i phoned them and informed them that my wife was exercising rights and as a family member that did not apply to me.
December 2013 after Christmas i received a Notice IS151A part 1 informed me that my valid leave to remain had expired in DEC 2012 and i was liable to be detained
-IS151A part 2 informed me that i had to leave voluntarily as a decision had been taken to remove me.
-I also received an IS96 granting me temporary admission with reporting conditions every month.

I appealed the IS151A and sent of my appeal on the 2nd of January and with regards to the IS96 i wrote to the enforcement to inform them their action was illegal and i would not be reporting anywhere, i even phoned them to confirm that they had received my letter and they had , they assured me they would not proceed and would refer the matter back to Sheffield.

-Today i received from Sheffield(the same caseworker who issued me with is151a & immigration status questionnaire) an IS75 (one stop warning) and a IS76(statement of additional grounds) under section 120 of INA 2002 which they want filled out and sent together with
-evidence of relationship with my wife(marriage certificate)
-copy of my wife passport
-evidence she is exercising her treaty rights and
-evidence of cohabitation

A ll this evidence they are requesting now is the same i provided twice 1st when i submitted my application and 2nd when i added more evidence and requested a reconsideration.I have lived with my wife since 2006 and we have been married since 2007 and she has exercised treaty rights throughout the time we have been together.As a family member of an EEA national i am not subject to immigration control, therefore they dont have to have leave to remain.but all this seems to be on the basis that i have no leave to remain and yet i do not need leave to remain.My application was under European law and yet the basis of their action is under Immigration rules which doesn't apply to my case

-I know the easiest would be to just submit another application, but i fail to understand why i am subjected to all this, i suspect that they think i am not together with my wife ,therefore i am being put in a position to prove to them we are still together why should i do their job for them.( we have 2 kids and in the past 8 years i have established a family life)

-Am i obliged to answer this latest correspondence or should i wait to go to appeal and present my evidence before a judge
PS the caseworker notes on the letter that the IS151A part 2 has been withdrawn pending consideration and outcome of my case,

[EUsmileWEallsmile]

As long as you are the family member of an EU citizen exercising treaty rights, your stay in the UK is legal.

You can choose to fight your point of principle or you can make life easy for yourself.