EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

anj03 wrote:Hi OLA POUND thanks for advice ,realy im confuse bcoz of home office they not mention in refusal about ours relationship or about our daughter nothing I d,nt know why ?

If the HO is aware and didn't mention about your daughter or relationship in the refusal letter then that mean they are satisfied you are partners and have child together. So that is nothing to worry about.

Just to update you guys - My wife spoke to HO today and they confirmed a decision has been made to issue my RC.
Timeline is as follows:
1st EEA2 applied - March 2011
1st EEA2 refused - Aug 2011
Appeal submitted - Sept 2011
Appeal dismissed - Dec 2011
EEA2 re-applied - June 2012
EEA2 refused with right of appeal - Apr 2013
Appeal submitted - Apr 2013
Appeal heard - Sept 2013
Appeal allowed- Sept 2013
HO confirmed on phone this morning - HO has reached decision to issue RC and we should receive it within 10 - 15 working days.

What a relief after 3 years journey.

Hi OLA POUNDS can u tell me if home office refuse to reconsideration my case can its possible while my appeal in court I can submit fresh application again or not ?

Hi Matt 234,
Congratulations and best wishes...

Hi,every budy and OLA POUNDS can any budy tell me when we send appeal form to court how long they take to give to us date for oral hearing plz

anj03 wrote:Hi,every budy and OLA POUNDS can any budy tell me when we send appeal form to court how long they take to give to us date for oral hearing plz

HI Anj I don't think you will receive hearing date straight away you should first receive a letter requesting you submit further supporting evidence which yo have to send copy to the HO as well then after the submission deadline then you should expect your hearing date not long after.

anj03 wrote:Hi OLA POUNDS can u tell me if home office refuse to reconsideration my case can its possible while my appeal in court I can submit fresh application again or not ?

Hi Anj you are free to submit another application whilst your appeal is in process but you have to be sure you have enough evidence to support it so you don't get refused again whilst the appeal is on-going. I don't think you will be given another right of appeal.

thanks again for reply ola pounds what about yours case u win or is still in court and why they refuse u ?

anj03 wrote:thanks again for reply ola pounds what about yours case u win or is still in court and why they refuse u ?

Hi Anj Thanks to God I won my case since few weeks ago but I am just counting down to the 56 days standard procedure for the HO to issue my RC and hope fully I get it within the time frame.

The reasons for my refusal are just baseless but que sera sera what will be will be.

Reasons for my refusal are as follows;

1. It is evident from the above dates that you left the UK and re-entered your country one day before your marriage took place; therefore you were not “resident within the district” in which your marriage was celebrated for fifteen days preceding the granting of the certificate. HO interprets the statute of the marriage act of my country wrongly which only require one of us have to be resident for 15 days and not prior/immediately before marriage and I lived in the country for several years

2. It is noted you have provided us with two addresses which you claimed you reside with your EEA sponsor without an explanation to why you have two addresses in two different area. HO didn't request for any explanation so it was basically not a point.

That was why I keep saying to fellow member to take address matter serious because I updated HO of moving home and they didn't acknowledge my request instead they claimed something else but I was lucky to have copy of my letter I sent to them which I was able to present to the court.

3. It is noted your address on your student application form was my house name 3 and street name etc and it is also noted that on your marriage certificate your address was house name 4 then street name etc. it's just common sense but I am happy I was able to proof its just same address by internet search which HO could easily check my house name on the search engine and a print out was also presented to the court.

I give God all the glory and also the judge rewarded my cost which have been refunded to my account.

I received a letter from IAC requesting I submit further supporting evidence which i did for my paper appeal. After the deadline will I be informed the date for the case to be decided (hearing date)

Best of luck OLA POUND hope fully u get your RC in short time and u read my all post so plz can u tell me what u think about my case means I win or not and I need one more advice as well bcoz I told u I apply as a unmarried partner and now after refusal they keep my passport ,and now if I want to marry with my partner how can I do this one without passport can u advice me plz?

anj03 wrote:Best of luck OLA POUND hope fully u get your RC in short time and u read my all post so plz can u tell me what u think about my case means I win or not and I need one more advice as well bcoz I told u I apply as a unmarried partner and now after refusal they keep my passport ,and now if I want to marry with my partner how can I do this one without passport can u advice me plz?

Anj you have a good chance as your partner will be at the court with you to present your case to the judge.. The HO will have lots of questions for you so you have to be well prepared so you and your partner must give good evidences and having a child together also is another evidence also. They keep passport of any application who's existing leave to remain in the UK expires in their possession and overstayers that is if refused but you should be able to get married by presenting your partner's passport, proof of your house rent and bills and the COA of the last application to show them your passport is with the HO cos your have an on-going application. I am sure that should be accepted by the marriage registry when giving notice and you will pay certain amount of money which not big deal anyway.

Walk in to your local registry office and make enquiries.

I received a letter from IAC requesting I submit further supporting evidence which i did for my paper appeal. After the deadline will I be informed the date for the case to be decided something like hearing date or just the determination. Please assist

million111 wrote:I received a letter from IAC requesting I submit further supporting evidence which i did for my paper appeal. After the deadline will I be informed the date for the case to be decided something like hearing date or just the determination. Please assist

It should be Determination as it's paper hearing.

thanks ola pounds for reply but I call them three weak before and they say me they need latter from home office means home office have my passport but when I call to home office they say me we c,nt provide this type of latter I dnt know what I have to do? can u tell me when u send your appeal paper after how long u get date from court plz

Thanks for your help and assistance @OlaDPounds

anj03 wrote:thanks ola pounds for reply but I call them three weak before and they say me they need latter from home office means home office have my passport but when I call to home office they say me we c,nt provide this type of latter I dnt know what I have to do? can u tell me when u send your appeal paper after how long u get date from court plz

It took some time before I got a date. As per the letter for marriage, HO will not provide you with such letter so take along with you those I mentioned earlier including your COA its just to prove you have right to be in the country.

Calling them on the phone will not help so walk in.

I got my RC yesterday after 12 weeks that i won my appeal

Applied EEA2- Aug 2012
EEA2 refused- Feb 2013 with right of appeal
Appealed to IAC- Feb 2013 oral hearing
Appeal Heard- Sept 2013
Appeal won- Sept 2013
RC issued- 10 Dec 2013

I'm happy GOD gave me a Christmas gift

samixade wrote:I got my RC yesterday after 12 weeks that i won my appeal

Applied EEA2- Aug 2012
EEA2 refused- Feb 2013 with right of appeal
Appealed to IAC- Feb 2013 oral hearing
Appeal Heard- Sept 2013
Appeal won- Sept 2013
RC issued- 10 Dec 2013

I'm happy GOD gave me a Christmas gift

Congratulations to you enjoy the Christmas in style

Graham Weifang wrote:We both arrived in UK on 22nd October 2013, from Dunkirk.

Her is Non - EEA citizen from China.
I am UK citizen.

We therefore used the Surinder Singh, route, where my wife applied fro EEA-FP in Paris, which was granted, hence, whey we are both in UK now.

So all documents passports, etc, sent off today, 05/12/2013.
So they will receive it all tomorrow.

GW

.
We got a letter back from H.O. Wednesday 11/12/2013 saying "Thank you fro the application on EEA2, has now been assigned a case worker,,,,,,,,,,,,,, please do not call or ring etc,,,,,,,,,


Surprisingly quick,,,,,,,

GW

thanks ola pound ,I read in some post http://www.immigrationboards.com/viewtopic.php?t=153274 its possible I receive same thing in future as well wen my appeal in court can u advice me plz

HI Everyone,

Today I had an oral hearing and it did not go very well. ukba lawyer asked me and my wife how many time we went to the cinema and it did not match as we don't remember. and our witness got nervous so the HO lawyer had a good point to argue about it, but he agreed my partners pregnancy is a strong evidence of our relationship. Although he mentioned there is a doubt about the relationship as the witness got nervous and some of our answers did not match. Judge told me he will send a letter after Christmas about the outcome of the hearing what you guys think? will the appeal be allowed or not? what can i do if it is refused?

EEA2APPLICANT wrote:HI Everyone,

Today I had an oral hearing and it did not go very well. ukba lawyer asked me and my wife how many time we went to the cinema and it did not match as we don't remember. and our witness got nervous so the HO lawyer had a good point to argue about it, but he agreed my partners pregnancy is a strong evidence of our relationship. Although he mentioned there is a doubt about the relationship as the witness got nervous and some of our answers did not match. Judge told me he will send a letter after Christmas about the outcome of the hearing what you guys think? will the appeal be allowed or not? what can i do if it is refused?

Hi sorry to hear about the outcome of your hearing as stated above but you just need to wait for the judge's decision before you will know what's next for your case. If refused you can apply to upper tribunal but first be positive till the determination is out. Cheers and good luck.

can i appeal to the upper tribunal if it is not an error of the law?

EEA2APPLICANT wrote:can i appeal to the upper tribunal if it is not an error of the law?

Yes you can but you need to give a good reason why you believe you still have a case to be considered by the upper tribunal if not it might not be permitted but you are sounding like someone not positive about your appeal and that is sign of weakness which you need to avoid and stay positive and focus.