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Upper Tribunal refusal for further appeals!
Posted: Thu Jul 14, 2016 1:06 pm
by mohd07
Hello friends, I need your advice please!
The upper tribunal refused further appeal rights to me. I wanted to apply for EEA RC in August but I'm afraid after this notice.
How many days have I got to submit my new application? Secondly, Will my previous Tier4 refusal or fresh application after UT refusal effect my case for EEA RC? I'll be very thankful to you for your legal advise friends. Thank you
Re: Upper Tribunal refusal for further appeals!
Posted: Thu Jul 14, 2016 1:31 pm
by noajthan
mohd07 wrote:Hello friends, I need your advice please!
The upper tribunal refused further appeal rights to me. I wanted to apply for EEA RC in August but I'm afraid after this notice.
How many days have I got to submit my new application? Secondly, Will my previous Tier4 refusal or fresh application after UT refusal effect my case for EEA RC? I'll be very thankful to you for your legal advise friends. Thank you
Where are you?
Assuming you are a non-EEA national, what is your immigration status?
On what basis can you apply for a RC? Do you have a sponsor? Are you married?
Re: Upper Tribunal refusal for further appeals!
Posted: Thu Jul 14, 2016 3:44 pm
by mohd07
noajthan wrote:mohd07 wrote:Hello friends, I need your advice please!
The upper tribunal refused further appeal rights to me. I wanted to apply for EEA RC in August but I'm afraid after this notice.
How many days have I got to submit my new application? Secondly, Will my previous Tier4 refusal or fresh application after UT refusal effect my case for EEA RC? I'll be very thankful to you for your legal advise friends. Thank you
Where are you?
Assuming you are a non-EEA national, what is your immigration status?
On what basis can you apply for a RC? Do you have a sponsor? Are you married?
I live in London with my wife. My wife is from Spain. We married about 4 months ago. I came to the UK as Tier 4 student. My visa extenion was refused by Home Office. I applied for First Tier tribunal appeal which was refused and then i applied for upper tribunal appeal which was pending. I received the letter from UT states that my request for UT appeal is refused and no further appeals rights to me.
What should i do now to avoid overstay and successfully apply for EEA RC?
Re: Upper Tribunal refusal for further appeals!
Posted: Thu Jul 14, 2016 6:32 pm
by Richard W
mohd07 wrote:I live in London with my wife. My wife is from Spain. ...
What should i do now to avoid overstay and successfully apply for EEA RC?
The simple answer is that you need to apply for an EEA RC. For the most part everything that you yourself can do is related to explaining and demonstrating to the extent necessary that
(a) Your wife is a qualified person - either she is a worker or you two have 'comprehensive sickness insurance' and enough money that you would not qualify for UK benefits.
(b) Your wife is living in the UK.
(c) Your marriage is genuine, and not simply to enable you to stay in the UK. In principle I believe you should just need to demonstrate that you are married. However, your history may raise a suspicion that your marriage is a sham marriage, so evidence that it is genuine may help at this stage. I hope you get experience-based advice on this matter.
Now, it is possible that your wife may need to help. On what basis is she living in the UK? The best basis would be that she has EEA PR.
Re: Upper Tribunal refusal for further appeals!
Posted: Thu Jul 14, 2016 9:27 pm
by mohd07
Richard W wrote:mohd07 wrote:I live in London with my wife. My wife is from Spain. ...
What should i do now to avoid overstay and successfully apply for EEA RC?
The simple answer is that you need to apply for an EEA RC. For the most part everything that you yourself can do is related to explaining and demonstrating to the extent necessary that
(a) Your wife is a qualified person - either she is a worker or you two have 'comprehensive sickness insurance' and enough money that you would not qualify for UK benefits.
(b) Your wife is living in the UK.
(c) Your marriage is genuine, and not simply to enable you to stay in the UK. In principle I believe you should just need to demonstrate that you are married. However, your history may raise a suspicion that your marriage is a sham marriage, so evidence that it is genuine may help at this stage. I hope you get experience-based advice on this matter.
Now, it is possible that your wife may need to help. On what basis is she living in the UK? The best basis would be that she has EEA PR.
Thank you very much for your advise.
I understood your points regarding my case. Basically, my wife is working in subway. We are living together since 1 year and we requested the passport certified copies on our same address as well about few days ago from HO. Secondly, When the council refered us to HO for for an interview regarding our marriage registration so then the HO decided to not investigate us and cleared us for marriage in registry office. My wife is working in the UK for 3 years in the different places in London. She been paying taxes as well. So, I hope HO will not make any doubt about our marriage. I was just worried about the last notice from UT. If i apply for RC within 28 days so will it technically effect my EEA case?
Re: Upper Tribunal refusal for further appeals!
Posted: Fri Jul 15, 2016 5:27 am
by Wise
No and it will not affect anything. But you may write back the office from where the letter came from that you have just make another application to the HO.
Most importantly make sure you add as many documents to proof your relationship including photos from different postures with yours and her friends in it , especially your spouse treaty right and am sure you will be fine without any eye brow on you.
Re: Upper Tribunal refusal for further appeals!
Posted: Fri Jul 15, 2016 3:09 pm
by mohd07
Wise wrote:No and it will not affect anything. But you may write back the office from where the letter came from that you have just make another application to the HO.
Most importantly make sure you add as many documents to proof your relationship including photos from different postures with yours and her friends in it , especially your spouse treaty right and am sure you will be fine without any eye brow on you.
Thank you very much for your advise Wise. I will write the letter to the UT about my fresh application. I was just worried about the legal time to put the new application. So, What do you think how much time do i have after UT refusal? Thanks again!
Section 3C time after UT no further rights notice?
Posted: Mon Jul 18, 2016 11:51 pm
by mohd07
Hello friends,
I need your valuable advise please.
I came to the UK as a Tier 4 student and my visa extention was refused by HO. I appeal for FTT which they refused and then i appealed to the UT tribunal as well. I married to EEA citizen and i wanted to apply for EEA RC in August.
I have received the letter from UT on 8th July 2016 which states no further appeals rights to you. My question is that how many days i have more to apply for fresh application? I don't want to be overstay in the UK. Does 3C allow me 28 days more to apply for fresh application or not?
I heard two different things that i would have 16 days legally to apply for JR regarding my previous case And i would have 28 days to apply for EEA/Fresh application. I'm do confused now about my legal time after UT refusal. Please help me friends? Thank you!
Re: Upper Tribunal refusal for further appeals!
Posted: Tue Jul 19, 2016 12:36 am
by vinny
Re: Upper Tribunal refusal for further appeals!
Posted: Tue Jul 19, 2016 12:40 am
by vinny
Section 3C is
not applicable to applications under the EEA regulations.
mohd07 wrote:I married to EEA citizen and i wanted to apply for EEA RC in August.
Why wait?
Re: Upper Tribunal refusal for further appeals!
Posted: Tue Jul 19, 2016 12:48 pm
by mohd07
vinny wrote:Section 3C is
not applicable to applications under the EEA regulations.
mohd07 wrote:I married to EEA citizen and i wanted to apply for EEA RC in August.
Why wait?
I don't to delay but i am waiting for my wife 3rd payslip and also i will prepare the documents and papers for EEA application.
So, After UT refusal 3C finished and i can apply for fresh application within 28 days or not? I'm just afraid to not become overstayer in the UK.
Re: Upper Tribunal refusal for further appeals!
Posted: Tue Jul 19, 2016 7:50 pm
by Richard W
mohd07 wrote:So, After UT refusal 3C finished and i can apply for fresh application within 28 days or not? I'm just afraid to not become overstayer in the UK.
If your marriage is valid and is not a marriage of convenience, and your wife's work is 'genuine and effective', you are not an overstayer. You are lawfully resident in accordance with the EEA Regulations, as a 'family member' of you wife, and there is as yet no
requirement for you to register with the government. (The government claims that applications from the UK under the EEA Regulations cost £85 to process, although they charge only £65.)
Now, your 'leave to remain' in the UK does seem to be about to come to an end. People resident in accordance wit the EEA Regulations do not need 'leave to remain' - it is highly unlikely that your wife has 'leave to remain'.
Re: Upper Tribunal refusal for further appeals!
Posted: Tue Jul 19, 2016 9:43 pm
by mohd07
Richard W wrote:mohd07 wrote:So, After UT refusal 3C finished and i can apply for fresh application within 28 days or not? I'm just afraid to not become overstayer in the UK.
If your marriage is valid and is not a marriage of convenience, and your wife's work is 'genuine and effective', you are not an overstayer. You are lawfully resident in accordance with the EEA Regulations, as a 'family member' of you wife, and there is as yet no
requirement for you to register with the government. (The government claims that applications from the UK under the EEA Regulations cost £85 to process, although they charge only £65.)
Now, your 'leave to remain' in the UK does seem to be about to come to an end. People resident in accordance wit the EEA Regulations do not need 'leave to remain' - it is highly unlikely that your wife has 'leave to remain'.
Thank you very much Mr Richard. I'm convinced about your explanation regarding my case. I am from Pakistan and my visa extention refused with no further appeals rights now. I just want to apply for EEA RC to become permanent legal resident in the UK.
Re: Upper Tribunal refusal for further appeals!
Posted: Wed Jul 20, 2016 8:37 pm
by Richard W
mohd07 wrote:I just want to apply for EEA RC to become permanent legal resident in the UK.
An EEA RC will just confirm that you are a
conditional legal resident in the UK. It normally takes 5 years of meeting the conditions to become permanent.
Re: Upper Tribunal refusal for further appeals!
Posted: Thu Jul 21, 2016 12:54 am
by Obie
Why was your initial application refused? Why was permission refused?
Re: Upper Tribunal refusal for further appeals!
Posted: Thu Jul 21, 2016 9:17 am
by mohd07
Richard W wrote:mohd07 wrote:I just want to apply for EEA RC to become permanent legal resident in the UK.
An EEA RC will just confirm that you are a
conditional legal resident in the UK. It normally takes 5 years of meeting the conditions to become permanent.
Yeah Mr Richard, This is why i want to apply for EEA RC to complete the initial 5 years legally to qualifyfor permanent residency in the UK. I was just afraid of overstay after UT refusal.
Re: Upper Tribunal refusal for further appeals!
Posted: Thu Jul 21, 2016 9:23 am
by mohd07
Obie wrote:Why was your initial application refused? Why was permission refused?
Basically, I came to the UK as a Tier 4 student and my visa extention was refused by HO. I got appeal right that time and I applied for FTT which was refused and then i applied for UT appeal. I got refusal letter with no further appeal rights from UT on 8th July. I wanted to apply for EEA RC in August 2016 but got scared to bot become overstay in the UK. I was just confused about the legal time that how many days have I got to submit the fresh or new application. My wife is from Spain and she work full time. She got only to 2 payslips right now because she get monthly payslips. I'm just waiting for her 3rd payslip. After i will apply for EEA RC. Obie
COA work right within 28 days application
Posted: Fri Jul 22, 2016 7:54 pm
by mohd07
Hello friends,
I need your advise please. Will i get work right on my COA If i apply for EEA application within 28 days after UT refusal?
NOTE: My tier4 case was pending in UT tribunal which is refused with no further appeal rights. Now i want to apply for EEA application within 28 days after UT refusal. My wife is from Spain and she work full time. She has 2 payslips til now as she started work 3 months ago.
Thank you
Re: Upper Tribunal refusal for further appeals!
Posted: Sat Jul 23, 2016 12:38 am
by vinny
Re: Upper Tribunal refusal for further appeals!
Posted: Sat Jul 23, 2016 12:45 am
by vinny
See also
Processes and procedures for EEA documentation applications > Certificates of application: direct family members.
COA work right within 28 days application
Posted: Sat Jul 23, 2016 8:30 am
by mohd07
Thank you for your response Vinny.
Basically, I read the guidance on the following link but i haven't found anything regarding COA work rights if i apply within 28 days after UT refusal?
Re: Upper Tribunal refusal for further appeals!
Posted: Sat Jul 23, 2016 12:12 pm
by vinny
If the caseworker believes that your marriage is
genuine, then the overstay shouldn't matter.
Re: Upper Tribunal refusal for further appeals!
Posted: Sat Jul 23, 2016 8:43 pm
by mohd07
vinny wrote:If the caseworker believes that your marriage is
genuine, then the overstay shouldn't matter.
Thank you very much for your advise Vinny.
Can you please point out the law that what is basically the law if someone apply for fresh (EEA) application within 28 days?
Secondly, Will i get the appeal right if incase, HO refuse my EEA application?
Thanks!
Re: Upper Tribunal refusal for further appeals!
Posted: Sat Jul 23, 2016 8:50 pm
by noajthan
There is no 28 day nonsense in connection with EEA related applications as UK Immigration Regs don't apply.
EEA related appeal rights depend on whether martiage is recogniaed as valid and not a moc.
Re: Upper Tribunal refusal for further appeals!
Posted: Sat Jul 23, 2016 10:42 pm
by mohd07
noajthan wrote:There is no 28 day nonsense in connection with EEA related applications as UK Immigration Regs don't apply.
EEA related appeal rights depend on whether martiage is recogniaed as valid and not a moc.
Thank you Noajthan.
Basically, As i explained that UT refused further appeal rights to me so this why i am afraid to not become illegal before I apply for EEA RC. According to your point of view, Will i get appeal right if HO refuse my EEA RC application?
Thank you very much!