Immigrationboards.com

Posted: **Wed Nov 25, 2015 8:57 am**

hi hoping some one could explain and advise me on my case.

I applied to switch to tier 2 from my tier 4 student visa in 2013 with ready to go cos before my last leave expired. Then the employer delayed to give me COS hence my application was refused and i appealed. I had my hearing date and my employer was struggling to get me a COS but he still couldn't get one for some reasons. (problems in the company) which is UNCLEAR. I requested for paper hearing on the day of my oral hearing. After a while i received my refusal letter again and i applied for permission to go to UT and its been dragging and im already tired as it has been 2 years now. i am confused here. i have been living with my eea unmarried partner (already working) and thinking to apply for RC under EU regulations. i have gone through the forum and found useful information.

Q1. Can i apply for RC while i have appealed to UT?

I read, from this forum which is originally from,

https://www.gov.uk/government/publicati ... utstanding

In it,APL1.20 says-
Applicant makes fresh application while an appeal is outstanding;
"A person who has an appeal pending can make a fresh application for entry clearance in the same or any other category. There is no requirement for a person to withdraw an appeal. If an appellant is subsequently issued an entry clearance, Post must inform the Tribunals Service at: eco.contact@hmcts.gsi.gov.uk. The ECO must ensure that a proforma of Withdrawal of Decision is also sent to the Tribunals Service and this appeal will stop."

Q2) will i be refused? or will i be considered as i am trying for a different revenue?

Q3) i would have appeal rights un EU regulations, but is it in country?

http://www.legislation.gov.uk/uksi/2006 ... 003_en.pdf
from the above pdf page 18 "out of country appeal"
it is my understanding i will be given in country appeal. Still id like to know others opinions. experiences and understanding please.

looking forward desperately for helps and advice.

thank you in advance.

Posted: **Wed Nov 25, 2015 9:15 am**

How long have you been living with your EEA national partner and do you have evidence of this?

Note that APL1.20 is referring to entry clearance applications and appeals from outside the UK.

Posted: **Wed Nov 25, 2015 9:23 am**

vinny wrote:How long have you been living with your EEA national partner and do you have evidence of this?

Note that APL1.20 is referring to entry clearance applications and appeals from outside the UK.

hi
thank you for your reply.
i have been living with my eu partner for more than 2 years.yea i do as per the following pdf pages 3 and 4.

https://www.gov.uk/government/uploads/s ... nts_v1.pdf

Posted: **Wed Nov 25, 2015 9:46 am**

As an application for an EEA residence card under the EEA regulations is not an application for a "variation of leave" under the Immigration rules, Section 3C should not prevent you from making the application.

Hence, you may apply.

Posted: **Wed Nov 25, 2015 9:50 am**

vinny wrote:As an application for an EEA residence card under the EEA regulations is not an application for a "variation of leave" under the Immigration rules, Section 3C should not prevent you from making the application.

Hence, you may apply.

Should i withdraw my current appeal which is pending at UT? or just fill EEA1 with my partners passport and EEA2 WITHOUT my passport and send ?
thx

Posted: **Wed Nov 25, 2015 9:54 am**

I don't think that you need to withdraw your appeal. Where is your passport?

Posted: **Wed Nov 25, 2015 10:00 am**

vinny wrote:I don't think that you need to withdraw your appeal. Where is your passport?

it is at HO.when i was first refused they sent my original documents back, but they are holding my passport still.

and what are the chances or refusal? and in country appeal rights?

tankyou.

Posted: **Wed Nov 25, 2015 10:15 am**

Then just apply. Inform them that they already have your passport.

If they accept that you are in a durable relationship with a qualified EEA National, then you should succeed.

Not sure about in-country rights of appeal.

Posted: **Wed Nov 25, 2015 11:09 am**

vinny wrote:Then just apply. Inform them that they already have your passport.

If they accept that you are in a durable relationship with a qualified EEA National, then you should succeed.

Not sure about in-country rights of appeal.

Hi thank you again.

page 18 (part 6) 26, 27 under appeal rights,
it is my understanding i have in country rights of appeal. I maybe wrong as i dont have any law ideas or background. Would you please check out that section for me on this pdf

http://www.legislation.gov.uk/uksi/2006 ... 003_en.pdf

page 18 (part 6) 26, 27 under appeal rights

appreciate your help
thx

Posted: **Wed Nov 25, 2015 11:49 am**

I have seen one case like yours before... The problem was that after being refused for Tier2 the applicant applied for EEA FM which was refused because they have taken into consideration his immigration history... and considered his marriage one of convenience thinking he took the EEA route just just stay in the UK after failing with the TIER route .
so he has to leave the country and apply for a family permit and come back again to apply for the RC which he got 4 months after his application.

Posted: **Wed Nov 25, 2015 12:19 pm**

alex1128 wrote:I have seen one case like yours before... The problem was that after being refused for Tier2 the applicant applied for EEA FM which was refused because they have taken into consideration his immigration history... and considered his marriage one of convenience thinking he took the EEA route just just stay in the UK after failing with the TIER route .
so he has to leave the country and apply for a family permit and come back again to apply for the RC which he got 4 months after his application.

hi thankyou.
Yea, did he live with the EEA national prior to the marriage? like in my case, i have been living with my partner for years hence thinking of applying. any ideas?

Posted: **Wed Nov 25, 2015 12:36 pm**

hasinuk wrote:
alex1128 wrote:I have seen one case like yours before... The problem was that after being refused for Tier2 the applicant applied for EEA FM which was refused because they have taken into consideration his immigration history... and considered his marriage one of convenience thinking he took the EEA route just just stay in the UK after failing with the TIER route .
so he has to leave the country and apply for a family permit and come back again to apply for the RC which he got 4 months after his application.

hi thankyou.
Yea, did he live with the EEA national prior to the marriage? like in my case, i have been living with my partner for years hence thinking of applying. any ideas?

Yeah he did possess evidence of a long term cohabitation, still didnt help!
why didn't you apply straight away for An EEA FM in spite of Tier2 ?

Posted: **Wed Nov 25, 2015 12:55 pm**

alex1128 wrote:
hasinuk wrote:
alex1128 wrote:I have seen one case like yours before... The problem was that after being refused for Tier2 the applicant applied for EEA FM which was refused because they have taken into consideration his immigration history... and considered his marriage one of convenience thinking he took the EEA route just just stay in the UK after failing with the TIER route .
so he has to leave the country and apply for a family permit and come back again to apply for the RC which he got 4 months after his application.

hi thankyou.
Yea, did he live with the EEA national prior to the marriage? like in my case, i have been living with my partner for years hence thinking of applying. any ideas?
Yeah he did possess evidence of a long term cohabitation, still didnt help!
why didn't you apply straight away for An EEA FM in spite of Tier2 ?

hi because i had this job linedup soon after i finished my studies, going into eea wouldnt let me work for 6 months as unmarried. My idea was to first get tier 2 and then apply for eea which leaves me with the right to work under tier 2 until i receive my rc. Which lets me continue my work eitherway. any ideas?

Posted: **Wed Nov 25, 2015 12:56 pm**

alex1128 wrote:I have seen one case like yours before... The problem was that after being refused for Tier2 the applicant applied for EEA FM which was refused because they have taken into consideration his immigration history... and considered his marriage one of convenience thinking he took the EEA route just just stay in the UK after failing with the TIER route .
so he has to leave the country and apply for a family permit and come back again to apply for the RC which he got 4 months after his application.

I'm not sure if they would claim a marriage of convenience when the parties are not married.

Posted: **Wed Nov 25, 2015 1:12 pm**

vinny wrote:
alex1128 wrote:I have seen one case like yours before... The problem was that after being refused for Tier2 the applicant applied for EEA FM which was refused because they have taken into consideration his immigration history... and considered his marriage one of convenience thinking he took the EEA route just just stay in the UK after failing with the TIER route .
so he has to leave the country and apply for a family permit and come back again to apply for the RC which he got 4 months after his application.
I'm not sure if they would claim a marriage of convenience when the parties are not married.

Hi again Vinny,

yea i think so

anyways, did u have a chance to read the pdf fie i posted about IN COUNTRY rights of APPEAL. I would like to know your understanding from part 6 in that pdf file which is on page number 17 ,point number 26. I appreciate if you could please have quick look and share your thoughts.

speaking to the fellow member,
he pointed out HO would think i am choosing eea to reside in the uk as an easy option as my tier 2 didnt workout. It goes back to my original post which is

"Q2) will i be refused or will i be considered as i am trying for a different option?"

speaking of which,Would they consider my immigration history for RC?

looking forward for ideas.

Thankyou in advance.

Posted: **Wed Nov 25, 2015 1:33 pm**

It's unclear at the moment.

They are denying in-country rights of appeals for people who they suspect have entered into a marriage of convenience, by saying that the EEA regulations are not applicable because they are not family members.

So, if they deny that you are not an extended family member, then I suppose that they may also claim that the EEA regulations are not applicable as well. Therefore, no in-country rights of appeal?

Posted: **Wed Nov 25, 2015 1:42 pm**

vinny wrote:It's unclear at the moment.

They are denying in-country rights of appeals for people who they suspect have entered into a marriage of convenience, by saying that the EEA regulations are not applicable because they are not family members.

So, if they deny that you are not an extended family member, then I suppose that they may also claim that the EEA regulations are not applicable as well. Therefore, no in-country rights of appeal?

Hi thankyou.

I have a lasting relationship with my partner hence i hope i can give them all they need. Fingers crossed.

Q4) Ok so now i just apply eea1 and eea2 with what ever documents they need and send it to HO by post?

Q5) How would i mention them that my passport is at the HO already?

Q6) Once i post my EEA application, what happens to my appeal which is pendin at UT meanwhile?

ideas please.
Thankyou.

Posted: **Thu Nov 26, 2015 9:29 am**

hasinuk wrote:
vinny wrote:It's unclear at the moment.

They are denying in-country rights of appeals for people who they suspect have entered into a marriage of convenience, by saying that the EEA regulations are not applicable because they are not family members.

So, if they deny that you are not an extended family member, then I suppose that they may also claim that the EEA regulations are not applicable as well. Therefore, no in-country rights of appeal?

Hi thankyou.

I have a lasting relationship with my partner hence i hope i can give them all they need. Fingers crossed.

Q4) Ok so now i just apply eea1 and eea2 with what ever documents they need and send it to HO by post?

Q5) How would i mention them that my passport is at the HO already?

Q6) Once i post my EEA application, what happens to my appeal which is pendin at UT meanwhile?

ideas please.
Thankyou.

Hi goodmorning all.
Any help? Advice?
Thankyou.

Posted: **Thu Nov 26, 2015 5:27 pm**

hi help please...

Posted: **Thu Nov 26, 2015 6:41 pm**

hasinuk wrote:
vinny wrote:It's unclear at the moment.

They are denying in-country rights of appeals for people who they suspect have entered into a marriage of convenience, by saying that the EEA regulations are not applicable because they are not family members.

So, if they deny that you are not an extended family member, then I suppose that they may also claim that the EEA regulations are not applicable as well. Therefore, no in-country rights of appeal?

Hi thankyou.

I have a lasting relationship with my partner hence i hope i can give them all they need. Fingers crossed.

Q4) Ok so now i just apply eea1 and eea2 with what ever documents they need and send it to HO by post?

Q5) How would i mention them that my passport is at the HO already?

Q6) Once i post my EEA application, what happens to my appeal which is pendin at UT meanwhile?

ideas please.
Thankyou.

Reading the eea fm application form will answer your questions 4 and 5

Posted: **Fri Nov 27, 2015 4:32 am**

alex1128 wrote:
hasinuk wrote:
vinny wrote:It's unclear at the moment.

They are denying in-country rights of appeals for people who they suspect have entered into a marriage of convenience, by saying that the EEA regulations are not applicable because they are not family members.

So, if they deny that you are not an extended family member, then I suppose that they may also claim that the EEA regulations are not applicable as well. Therefore, no in-country rights of appeal?
Hi Alex,
Thanks.
How about the last question # 6?
Any ideas please?

Hi thankyou.

I have a lasting relationship with my partner hence i hope i can give them all they need. Fingers crossed.

Q4) Ok so now i just apply eea1 and eea2 with what ever documents they need and send it to HO by post?

Q5) How would i mention them that my passport is at the HO already?

Q6) Once i post my EEA application, what happens to my appeal which is pendin at UT meanwhile?

ideas please.
Thankyou.
Reading the eea fm application form will answer your questions 4 and 5

Posted: **Fri Nov 27, 2015 5:12 am**

Hi Alex,
Thanks.
How about the last question # 6?
Any ideas please?

Posted: **Fri Nov 27, 2015 8:31 am**

Hi all,
i was wondering why no one seem to reply to my last question (Q6) ?
urgent!!
help please.

Posted: **Fri Nov 27, 2015 9:10 am**

Q6) Once i post my EEA application, what happens to my appeal which is pending at UT meanwhile?"
as you say the application will not affect my appeal, i would like to know, what happens to THE APPEAL after i post my EEA application? would it be canceled automatically? Or do i still expect an answer from my appeal even after my application to EEA rc?

looking for advice please.
thankyou.

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