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Long Residence Rule

General UK immigration & work permits; don't post job search or family related topics!

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Tkmaxx
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Long Residence Rule

Post by Tkmaxx » Mon Mar 09, 2015 11:29 pm

My ILR was refused, Home Office stated that I have not demonstrated that I am an EEA family dependant, eventhough my uncle had written to confirm same enclosing his European passport. We appealed the decision, since the appeal, it's been correspondences back and forth with the Home Office going over 2 years now, but finally the tribunal has set a hearing date. By this date, I would have lived legally and continuously in the UK for 10 years and I have no criminal record. Do I qualify for ILR under the long residence rule?

vinny
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Re: Long Residence Rule

Post by vinny » Tue Mar 10, 2015 12:00 am

A Long Residence application is unlikely to succeed.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Tkmaxx
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Re: Long Residence Rule

Post by Tkmaxx » Tue Mar 10, 2015 12:43 am

I was granted leave for 5 years as my uncle's EEA dependant prior to the ILR application. Does that not serve as retaining Right of Resisence (RoR)?

vinny
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Re: Long Residence Rule

Post by vinny » Tue Mar 10, 2015 8:19 am

Tkmaxx wrote:Home Office stated that I have not demonstrated that I am an EEA family dependant
They would use this to refuse.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Tkmaxx
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Joined: Mon Jan 13, 2014 8:52 pm

Re: Long Residence Rule

Post by Tkmaxx » Wed Mar 11, 2015 12:22 am

Well, the claim that I am not exercising such right is not substantiated. All the documents required were sent by my uncle and they did not make additional requests for any specific document which I failed to produce. My residence stamp confirms that I am an EEA family member and have been since 2006, how HO suddenly decided that I have not demonstrated that I am one is what my legal team will argue before a judge.

Tkmaxx
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Re: Long Residence Rule

Post by Tkmaxx » Thu Jul 30, 2015 8:33 am

CAN I APPLY UNDER THE 10 YEAR RESIDENCE RULE NOW WHILE WAITING FOR THE HO TO MAKE A NEW DECISION?

Obie
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Re: Long Residence Rule

Post by Obie » Thu Jul 30, 2015 3:23 pm

Have you had a hearing ?
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Tkmaxx
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Re: Long Residence Rule

Post by Tkmaxx » Wed Aug 05, 2015 6:21 am

Yes, I have had a hearing. HO did not appear. Judge said that based on the evidence before her she was satisfied that there was an error of law and that she was remitting the application back to HO to make a 'proper' decision. We are yet to receive the written determination.

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