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Req for EEA PR app. Non EEA (37 Y) + Dutch Dad (70 Y)

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

Obie
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Ireland

Re: Req for EEA PR app. Non EEA (37 Y) + Dutch Dad (70 Y)

Post by Obie » Sun Jan 29, 2017 9:02 pm

If you fail on the EEA, you are highly likely to fail on the Long residence, as the time under the regulation will only be considered under the Long Residence if they are convinced that you are genuinely dependent.
Smooth seas do not make skilful sailors

akhr90
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Re: Req for EEA PR app. Non EEA (37 Y) + Dutch Dad (70 Y)

Post by akhr90 » Sun Jan 29, 2017 9:22 pm

Hi Obie

So you recommended i should appeal and at the same time or after a week apply for ILR (LR) as well?

Please advise.

Thanks.

Obie
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Re: Req for EEA PR app. Non EEA (37 Y) + Dutch Dad (70 Y)

Post by Obie » Sun Jan 29, 2017 9:26 pm

Well I do not know. I am merely expressing a view based on the law.

If there assessment is correct on EEA, and if it is not successfully overturned, it will affect ILR long residence.
Smooth seas do not make skilful sailors

akhr90
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Re: Req for EEA PR app. Non EEA (37 Y) + Dutch Dad (70 Y)

Post by akhr90 » Sun Jan 29, 2017 9:32 pm

Well in the refusal detail, they clearly mentioned 4 different route and also mentioned if you think that you can apply under different law please do so, we will consider your application under that category.

Obie
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Re: Req for EEA PR app. Non EEA (37 Y) + Dutch Dad (70 Y)

Post by Obie » Sun Jan 29, 2017 9:36 pm

Well because they mention 4 routes does not mean you qualify under 4 route. They have standard refusal saying you can apply under private and family life or other residence card, but that statement does not equate to qualifications under those route.
Smooth seas do not make skilful sailors

akhr90
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Posts: 59
Joined: Sun Jun 05, 2016 4:18 pm

Re: Req for EEA PR app. Non EEA (37 Y) + Dutch Dad (70 Y)

Post by akhr90 » Sun Jan 29, 2017 9:50 pm

Do you think I can get an ILR under any route?

Please advise!

noajthan
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Re: Req for EEA PR app. Non EEA (37 Y) + Dutch Dad (70 Y)

Post by noajthan » Sun Jan 29, 2017 10:01 pm

akhr90 wrote:I applied as FM.

The refusal reasons are all about dependency he is saying how come you are dependent when you are earning 35K and my dad is earning less.

https://www.gov.uk/government/publicati ... -nationals

Check page 12 on the above link will explain all. I am sure the senior will help me with this. I am doing my paper work (Appeal) by myself.
Very hard for sponsor to be shown to be responsible for even half of your essential daily needs if you are wirking and sponsor is retired.

Unclear why you did not apply under Regulation 5 which may have given you a fighting chance.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

akhr90
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Re: Req for EEA PR app. Non EEA (37 Y) + Dutch Dad (70 Y)

Post by akhr90 » Sun Jan 29, 2017 10:07 pm

@noajthan

Well because I applied for FP for my brothers in Pakistan so don't want to go for Reg 5.

Do you think if i appeal and after a week apply for ILR (LR) will it help to get ILR??

noajthan
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Re: Req for EEA PR app. Non EEA (37 Y) + Dutch Dad (70 Y)

Post by noajthan » Sun Jan 29, 2017 10:17 pm

akhr90 wrote:@noajthan

Well because I applied for FP for my brothers in Pakistan so don't want to go for Reg 5.

Do you think if i appeal and after a week apply for ILR (LR) will it help to get ILR??
Who is intending to sponsor who?

You don't appear to have many options to entertain sponsoring anyone else until at least someone has become settled.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

akhr90
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Posts: 59
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Re: Req for EEA PR app. Non EEA (37 Y) + Dutch Dad (70 Y)

Post by akhr90 » Sun Jan 29, 2017 10:21 pm

My Dad who has got a PR he is a dutch citizen sponsored his real son my brother whose application is in process in Pakistan.

Please advise about my application do u think i got a chance to get ILR on LR category if i appeal and send the form next week?

noajthan
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Posts: 14911
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Re: Req for EEA PR app. Non EEA (37 Y) + Dutch Dad (70 Y)

Post by noajthan » Sun Jan 29, 2017 10:23 pm

akhr90 wrote:My Dad who has got a PR he is a dutch citizen sponsored his real son my brother whose application is in process in Pakistan.

Please advise about my application do u think i got a chance to get ILR on LR category if i appeal and send the form next week?
Moderator Obie has already advised on that and there's nothing I can add.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

akhr90
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Posts: 59
Joined: Sun Jun 05, 2016 4:18 pm

Re: Req for EEA PR app. Non EEA (37 Y) + Dutch Dad (70 Y)

Post by akhr90 » Tue Feb 21, 2017 6:20 pm

Good evening All,

One important question:

I just appealed against the refusal as Home Office gave me 14 days to appeal. The question is during the appeal do I have the right to work? Any reference if anyone have from Home office or from legislation?

My employer is asking for the right to work document and I sent him my appeal acknowledgement letter, he is saying it doesn't states you are entitle to work.

Please advise? Will be much appreciated as I am really tense.

Kind Regards
AK

MrSlyFox
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Re: Req for EEA PR app. Non EEA (37 Y) + Dutch Dad (70 Y)

Post by MrSlyFox » Tue Feb 21, 2017 6:33 pm

akhr90 wrote: COA With Work : 05.08.2016
A COA is valid proof of your right-to-work
"You are permitted to accept offers of employment in the United Kingdom, or to continue in employment in the United Kingdom, whilst your application is under consideration and until either you are issued with residence documentation or, if your application is refused, until your appeal rights are exhausted."
Acceptable right-to-work documents: https://www.gov.uk/government/uploads/s ... nts_v5.pdf
Pages 17 & 18

If it's expired you may request a new COA from nweurocoarequests@homeoffice.gsi.gov.uk

akhr90
Junior Member
Posts: 59
Joined: Sun Jun 05, 2016 4:18 pm

Re: Req for EEA PR app. Non EEA (37 Y) + Dutch Dad (70 Y)

Post by akhr90 » Tue Feb 21, 2017 6:44 pm

Hi MrSlyFox,

Great help, much appreciated.

One question please do you have any link for the below paragraph?

"You are permitted to accept offers of employment in the United Kingdom, or to continue in employment in the United Kingdom, whilst your application is under consideration and until either you are issued with residence documentation or, if your application is refused, until your appeal rights are exhausted."

Thanks.

Kind regards,
Akhr

MrSlyFox
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Re: Req for EEA PR app. Non EEA (37 Y) + Dutch Dad (70 Y)

Post by MrSlyFox » Tue Feb 21, 2017 6:49 pm

akhr90 wrote: "You are permitted to accept offers of employment in the United Kingdom, or to continue in employment in the United Kingdom, whilst your application is under consideration and until either you are issued with residence documentation or, if your application is refused, until your appeal rights are exhausted."
It's stated on the Certificate of Application

akhr90
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Posts: 59
Joined: Sun Jun 05, 2016 4:18 pm

Re: Req for EEA PR app. Non EEA (37 Y) + Dutch Dad (70 Y)

Post by akhr90 » Tue Feb 21, 2017 6:56 pm

Oh really thank you so much.

Have a great evening.


Many thanks.

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