eea appeal unmarried partner

jubbah63 · Post by **jubbah63** » Tue Dec 14, 2010 3:06 pm

hi,
i recently won my eea appeal under reg 17(4) in the upper tribunal Determination Promulgated on the 23 nov 2010 and the homeoffice said that they wont appeal it further plus its now out of time..

my question is what's next;

1. DO THEY SEND ME a RC and how long does it take for them to do that.

2. how long it's normally valid for, 5yrs or is it 2yrs for non eaa - unmarried partner of eea

3. do i need a eu visa to go to eu states, specially France or RC is good enough b/c once RC is issue to extended family member, they should be treated as family member,

4. if we get married after RC is issued,(which is plan) when do the clock start tick for PR....date of marriage or date on the RC b4 marriage...

thanks for any help

Monifé · Post by **Monifé** » Wed Dec 15, 2010 1:39 pm

jubbah63 wrote:1. DO THEY SEND ME a RC and how long does it take for them to do that.

Do they have your passport? They should send you the RC if you have won the appeal. Write them a letter reminding them of their legal obligation to give you an RC.

jubbah63 wrote:2. how long it's normally valid for, 5yrs or is it 2yrs for non eaa - unmarried partner of eea

It should be valid for 5 years.

jubbah63 wrote:3. do i need a eu visa to go to eu states, specially France or RC is good enough b/c once RC is issue to extended family member, they should be treated as family member

You do not need a visa to go to other EU member states however some countries like being difficult and you should contact the local embassy of that country to make sure of the requirements. You also need to be travelling with your partner or joining them in that country.

jubbah63 wrote:4. if we get married after RC is issued,(which is plan) when do the clock start tick for PR....date of marriage or date on the RC b4 marriage...

The clock starts ticking from when the RC was issued.

jubbah63 · Post by **jubbah63** » Wed Dec 15, 2010 4:34 pm

many thanks for the reply, they have my passport but it expired while with them but my embassy issue me a new passport already

Monifé · Post by **Monifé** » Wed Dec 15, 2010 8:44 pm

Send in your new passport ASAP with your case reference number and a cover letter letting them know they have your current expired passport and this is your new passport and ask them put the RC on it, as they have a legal obligation to do so now since you were successful in your appeal.

jubbah63 · Post by **jubbah63** » Wed Dec 15, 2010 9:04 pm

thanks for the help, i will do that

Post by **Obie** » Wed Dec 15, 2010 11:46 pm

I seem to have a problem as to when the clock starts ticking. I hope legal experts can comment on this. An extended family member can seek entry at a Airport, an extensive examination can be done on his or her personal circumstance, and entry may or may not be granted. If entry is granted his or her residence for the purpose of PR will start from their.

An extended family member coming from Ireland who has a residence card issued by the Irish authorities, whose EEA sponsor later decides to settle in the UK, will not have the benefit of benefiting from the EEA regulation 2006, Regulation 11(4), as there is no immigration officer at the border. This person will then apply for residence card, and the Secretary of state will take 6months to in some cases 24 months to confirm these rights and issue a residence card, the clock will start clicking from their, according to the UKBA. The EEA national will find that he will have to stay in the UK for possibly 7 years before his or her EEA partner will qualify for PR. UK borders agency will demand 7 years of evidence. 2 years covering the time they were dealing with his/her application, and 5 years after they start considering that person as a family member. This is all due to the UKBA's incompetence.

Why should an EXtended family member suffer from an unlawful act carried out by UKBA, which was subsequently remedied by the court.

This will certainly make a good JR case.

Also, the definition of a Residence Card is not changed if it is issued to a core family member or an Extended family member. It should not have a different meaning for sure for an Extended family member( to use the language of the UKBA). This is clearly in breach of Article 25 of the directive and the Royers judgement.

Once the RC has been issued, it should be accepted that all the period of residence accured during the application lodging and waiting for a positive decision counts towards PR. It is a more sensible and logical way of doing things.

Rolfus · Post by **Rolfus** » Thu Dec 16, 2010 2:09 pm

Jubbah63, please may I ask whether your EEA unmarried partner is a British National?

jubbah63 · Post by **jubbah63** » Thu Dec 16, 2010 2:50 pm

my eea partner is French

jubbah63 · Post by **jubbah63** » Sat Feb 05, 2011 9:06 am

hi guys,

just a update,

I GOT MY RC this morning yeah!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

short background:

apply for RC as unmarried partner of on eea citizen in oct 2009.

application refuse nov 2009.

appeal and case heard in may 2010 and got dismissed. judge recognised our relationship and article 8 but say I'm a over-stayer among other things,
but his reason for dismissal wasn't legal, so he error in law twice

apply to go upper tribunal and got accept for reconsideration.

case at upper tribunal heard oct 2010 and got decision late nov 2010
and appeal was allowed and HO didn't challenge.

RC recieve this morning, issued middle of jan 2011.

so weeping endured for 14 months and joy come this morning

RC is on a a4 doc, i didnt get to send my PP in time but my lawyer say i can pay 60pound to get it transfer in my PP, I WILL UPDATE YOU GUYS IF THAT'S CORRECT.

thanks for everything guys.

86ti · Post by **86ti** » Sat Feb 05, 2011 9:19 am

Congratulations!

jubbah63 wrote:RC is on a a4 doc, i didnt get to send my PP in time but my lawyer say i can pay 60pound to get it transfer in my PP, I WILL UPDATE YOU GUYS IF THAT'S CORRECT.

There are no transfers per se. If you want it in the passport you will have to make a new application (bottom of the page). And it's free, of course. I guess the Â£60 are for your lawyer to do that on your behalf.

jubbah63 · Post by **jubbah63** » Sat Feb 05, 2011 9:36 am

hi 86ti.

no my solicitor say pay ukba 60pounds to get it transfer but it doesn't sound right to me either,but i will get back to you guys because i need to call HO anyway to send back my expire pp as well, they didn't send it back for some reason maybe it's with a different department

thanks you,

86ti · Post by **86ti** » Sat Feb 05, 2011 1:37 pm

jubbah63 wrote:no my solicitor say pay ukba 60pounds to get it transfer

The information I gave you is from the official web page. The UKBA's telephone staff shouldn't tell you otherwise. Your solicitor is simply wrong. Transfers are possible with some visa categories but the cost would be Â£150 I believe.

smallpie · Post by **smallpie** » Tue Mar 29, 2011 1:52 pm

home office is just a bunch of fools and time wasters.. after readin yr story. am goin thru the same here as unmarried wit my finnish partner. applied since 2010 march and homeoffice waited till sept 2010 to send application bck , sayin the eu id-card not valid. and to send a valid passport or id-card for reconsideration. which my eu-partner did immediately sept. 22nd 2010 and now march 29th 2011, nothing has cum ok frm them. they only say its at the desk of the case officer , still on-going and u can ring bck in another ten working days.. such unreliable pple. maybe i will be waiting another 3mnths again lol.

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eea appeal unmarried partner

eea appeal unmarried partner

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