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Good for you, I hope you will meet a good and favorable judge as you did before.amro2012 wrote: ↑Thu Dec 21, 2017 8:58 pmThanks obie,
I prepare new application with supporting documents and copy of first tier decision award
Let's see what they want, for your knowledge i won the first appeal by myself attending oral hearing without any Solicitor and my father been issued EEA family permit by judge order.
I will post updates once submit new application.
Thanks for high professional help
You do not need to demonstrate that you are qualified if you already hold PR. To sponsor a non-EEA citizen, you need to be either a qualified person OR a person that hold PR in the UK.
I am fairly confident, but not certain, that the answer to that is No. Being a full-time carer on its own does not count as being a qualified person. Of course, a full-time carer would count as a qualified person if s/he has Comprehensive Sickness insurance (private health insurance) and is self-sufficient.
15 wrote:(1)(a)an EEA national who has resided in the United Kingdom in accordance with these Regulations for a continuous period of five years;
An EEA National with PR satisfies15 wrote:(3) The right of permanent residence under this regulation is lost through absence from the United Kingdom for a period exceeding two years.
when PR is not lost nor revoked.12(a) wrote:(i)is residing in the United Kingdom in accordance with these Regulations
is also satisfiable.14 wrote:(2) A person (“P”) who is a family member of a qualified person residing in the United Kingdom under paragraph (1) or of an EEA national with a right of permanent residence under regulation 15 is entitled to remain in the United Kingdom for so long as P remains the family member of that person or EEA national.
Unfortunately, their EEA family Permit Guidance included only qualified persons.Free movement rights: direct family members of EEA nationals wrote:Direct family members have an automatic right of residence in the UK for as long as they remain the family member of that EEA national and that person is either:
entitled to reside in the UK for an initial period of 3 months
a qualified person
has a right of permanent residence
This is clearly a mistake in the EEA family Permit Guidance that the ECO did not spot. The last condition relates more to the family member and should have been preceded by an “and”. Else, it suffices for the EEA National to be traveling to the UK within six months of the date of the application! No need for the EEA National to even be a qualified person at all, even beyond the three months initial right of residence period.Direct family members wrote: • evidence that the EEA national is either:
o residing in the UK in accordance with the 2016 regulations as a qualified person – the evidence required in such cases would depend on the basis that they are claiming they are a qualified person
o will be travelling to the UK within 6 months of the date of application – evidence to show this may include, but is not limited to, flight bookings to the UK and hotel bookings in the UK
4. EUN2.4 What are the requirements for issuing an EEA family permit? wrote:the EEA national is residing in the UK in accordance with the EEA Regulations (as qualified person (exercising treaty rights) if more than 3 months) and the non-EEA national is joining them; or the EEA national intends to travel to the UK within 6 months and will have a right to reside under the Regulations on arrival, and the non-EEA national will be accompanying or joining the EEA national; and