pending EEA appeal leads to overstaying?

[gillacious_505]

Hello members,

Wonder if you can share light on this?

Anyone who have got EEA residence card refusal can be removed?
Does it means that the applicant is considered to be an overstayer even his EEA appeal is pending?

So if the applicant decides to apply for entry clearance from the home country under the domestic rules. Will the period which he/she spent in UK whilst the EEA appeal was pending be considered as overstay and lead to refusal?

[CR001]

It depends on the relationship with the EU sponsor. If married, then no.

[gillacious_505]

It depends on the relationship with the EU sponsor. If married, then no.

What if it is a direct family member ( +21 dependent of BC (ss route)) and the sponsor is still exercising treaty rights while the appeal is pending?

[mkhan2525]

A pending appeal is supposed to be treated as though you have a pending application. On the EEA route, residence cards do not grant any rights but confirms them only.

[gillacious_505]

A pending appeal is supposed to be treated as though you have a pending application. On the EEA route, residence cards do not grant any rights but confirms them only.

What if the appeal is refused. Lets say in SS route. Will the period then be considered as overstay if you want to apply for any application under the UK domestic route?

If the appeal under the SS route is refused then leaving the country will be the only option particularly for direct descendants?