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EEA PARTNER APPLICATION REFUSED

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

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brickwall
Newly Registered
Posts: 7
Joined: Fri May 29, 2015 12:05 pm

EEA PARTNER APPLICATION REFUSED

Post by brickwall » Fri May 29, 2015 12:37 pm

Hi

I wanted to get some advice on my case. i have just been refused an application for leave to remain but given right to appeal based on my partners (unmarried/no civil partnership) EEA rights as a french national who has grown up in the Uk but moved back fully 3 years ago. We haven in a relationship for 2 years now and living together for 1 and a half years. At time of application we have been together for 1 year and a half.
It was reused based on lots of unnecessary and pedantic reasons like although they believe we are in a genuine relationship based on evidence sent it hasn't been two years in the relationship before an application was made.
The state that as i didn't attend one of the reporting interviews where they asked me to sign on. This was because i feared detention and then after the refusal letter was sent.
That my partner isn't a British citizen and isn't settled here although he is exercising his EEA rights
That i have no family ties here although my parents in my home country are deceased and all my family members are British citizens here aunt uncles cousins grandparents.
I came over on a visitor visa after my parents passed to live with family here and have overstayed.
On human rights and asylum claim that i am gay and fear return to my home country due to persecution because of the anti gay laws there,
They state that i should be ale to maintain my relationship with my partner over Skype and email which is absolutely ridiculous as that will not sustain the relationship. it will break it up due to my removal.

I have to put in an appeal and just wanted to know if anyone else has experiences of this and how the appeal might f=go through

I can't get a civil partnership as although i was born here in 91 i returned to Nigeria with my parents where i lived for 10 years and therefore it affects my application on private life for continuous stay of half my lifetime. Also means that i can't prove my nationality as british as my parents were not and this is needed for the civil partnership.


Please help me shed som light as to hat to o i will be going ahead with the appeal as this seems to be my last option hoping that i can prove it in court and the judge be understanding and sympathetic that i have nothing to return to back in my hoe country and that all my family ties are here and my partner whom i would have been married to if possible.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: EEA PARTNER APPLICATION REFUSED

Post by Wanderer » Fri May 29, 2015 12:45 pm

You need to prove a 'durable relationship' according to EEA law and the lack of anything more specific the UK has no choice than to use the UK immigration rules which specify 24 months cast in stone I'm afraid.

Can you not marry/enter civil partnership?
An chéad stad eile Stáisiún Uí Chonghaile....

brickwall
Newly Registered
Posts: 7
Joined: Fri May 29, 2015 12:05 pm

Re: EEA PARTNER APPLICATION REFUSED

Post by brickwall » Fri May 29, 2015 4:07 pm

Wanderer wrote:You need to prove a 'durable relationship' according to EEA law and the lack of anything more specific the UK has no choice than to use the UK immigration rules which specify 24 months cast in stone I'm afraid.

Can you not marry/enter civil partnership?

Unfortunately it seems i can't as i enquired about this and i will need to have a proof of nationality which my birth certificate and DL don't qualify as one. And I'm not sure if i can contact the home office for approval to marry taken into account that i am now waiting for a hearing date and appeal is pending

brickwall
Newly Registered
Posts: 7
Joined: Fri May 29, 2015 12:05 pm

Re: EEA PARTNER APPLICATION REFUSED

Post by brickwall » Tue Jul 21, 2015 4:19 pm

Hi Everyone

Hoping you can advice based on my continuing post i put on here. I am still waiting for a haring date to go to court to appeal against the refusal for my EEA application based on 2 year co habitation with my partner.
It wasnt 2 years when i placed the application but by the time of the court date it will be two years, i wanted to know if there is anything i can do while waiting for the date that could help towards the hearing?

I was thinking of a joint account for myself and my partner, ive tried partnership as i explained previously but unable to do so because of my nationality and overstaying. Is tehre anything else i can do in the meantime that might help support the case?

I appreciate all advice and comments thanks

brickwall
Newly Registered
Posts: 7
Joined: Fri May 29, 2015 12:05 pm

EEA refusal, any other evidence?

Post by brickwall » Tue Jul 21, 2015 4:20 pm

Hi Everyone

Hoping you can advice based on my continuing post i put on here. I am still waiting for a haring date to go to court to appeal against the refusal for my EEA application based on 2 year co habitation with my partner.
It wasnt 2 years when i placed the application but by the time of the court date it will be two years, i wanted to know if there is anything i can do while waiting for the date that could help towards the hearing?

I was thinking of a joint account for myself and my partner, ive tried partnership as i explained previously but unable to do so because of my nationality and overstaying. Is tehre anything else i can do in the meantime that might help support the case?

I appreciate all advice and comments thanks

el patron
Member of Standing
Posts: 335
Joined: Fri Aug 10, 2012 3:06 pm
Location: Northern Ireland

Re: EEA refusal, any other evidence?

Post by el patron » Tue Jul 21, 2015 7:19 pm

brickwall wrote:Hi Everyone

Hoping you can advice based on my continuing post i put on here. I am still waiting for a haring date to go to court to appeal against the refusal for my EEA application based on 2 year co habitation with my partner.
It wasnt 2 years when i placed the application but by the time of the court date it will be two years, i wanted to know if there is anything i can do while waiting for the date that could help towards the hearing?

I was thinking of a joint account for myself and my partner, ive tried partnership as i explained previously but unable to do so because of my nationality and overstaying. Is tehre anything else i can do in the meantime that might help support the case?

I appreciate all advice and comments thanks
Once you can evidence 2 years you should notify the tribunal and Home Office and include documentary evidence, as it may be worth suggesting the appeal is now unnecessary and the Home Office should be invited to withdraw the appeal to consider the current circumstances

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