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bil123
- thin ice -
Joined: 11 Oct 2011
Posts: 88
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 Posted: Tue Jul 17, 2012 11:06 am Post subject: can UKBA datain/deport family member of EEA National |
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HI,
I just came back from my hearing and me and my lawyer felt that they might dismiss my appeal because the argument was on EEa national funds .I know I can go for upper tribunal and can put a new application but is there any chance they can detain me or try to remove me from Uk as the have my passpot.
EEA national is treating rights as a student, no question raised on our relationship and no cross examination from HO presenting officer regarding our relationship, the only issue was EEA national failed to pruduce evidence that she has enough funds .Still I am hoping for the best but at the same time I want my self to prepare for worst.
BIl |
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Punjab
BANNED
Joined: 24 Mar 2008
Posts: 637
Location: in your heart
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| Posted: Tue Jul 17, 2012 11:28 am Post subject: Re: can UKBA datain/deport family member of EEA National |
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No unless you are a serious threat or you have supplied some doggy papers and yoru relation ship is for money etc. |
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Obie
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Joined: 21 Apr 2009
Posts: 3835
Location: UK/Ireland
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| Posted: Tue Jul 17, 2012 1:32 pm Post subject: |
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UKBA can do pretty much anything.
Whether it is legal is another thing.
I will say it is illegal for UKBA to detain the family member of an EEA national, for reason other than Public Policy or Public Security, or if the EEA national has ceased to be a qualified person.
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Weeping may endure for the night but joy comes in the morning. Success doesn't come without strife |
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bil123
- thin ice -
Joined: 11 Oct 2011
Posts: 88
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| Posted: Tue Jul 17, 2012 1:40 pm Post subject: |
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| Obie wrote: | UKBA can do pretty much anything.
Whether it is legal is another thing.
I will say it is illegal for UKBA to detain the family member of an EEA national, for reason other than Public Policy or Public Security, or if the EEA national has ceased to be a qualified person. |
Thats whatt now I feel as well , first HO refused my application and now Judge seems to be doing the same I feel helpless now as I cant provide more evidence than this so I am ready for any action UKBA can take the only plus point I have atm is that my marrige is geniune and my wife is treating rights as a student.Rest is on their hands btw how does the detention centre looks like is it kinda jail or some thing reasonable do they give you food or you have to arrange your own???  |
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Punjab
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Joined: 24 Mar 2008
Posts: 637
Location: in your heart
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| Posted: Tue Jul 17, 2012 2:43 pm Post subject: |
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does your partner work? do you BOTH have enough savings?
what about financial support from your families?
anydocument relating above might help |
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Jambo
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Joined: 02 Oct 2009
Posts: 6140
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| Posted: Tue Jul 17, 2012 3:04 pm Post subject: Re: can UKBA datain/deport family member of EEA National |
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| bil123 wrote: | | the only issue was EEA national failed to pruduce evidence that she has enough funds |
Regulation 4 (1)(d)(iii) clearly states that a declaration by a student that he has sufficient resources not to become a burden on the state is enough. No evidence to support this declaration is required. |
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bil123
- thin ice -
Joined: 11 Oct 2011
Posts: 88
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| Posted: Tue Jul 17, 2012 3:39 pm Post subject: Re: can UKBA datain/deport family member of EEA National |
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| Jambo wrote: | | bil123 wrote: | | the only issue was EEA national failed to pruduce evidence that she has enough funds |
Regulation 4 (1)(d)(iii) clearly states that a declaration by a student that he has sufficient resources not to become a burden on the state is enough. No evidence to support this declaration is required. |
That was my first point to argue but I dont know whether first tribunal judge go with the law or with the current governement immigration policies, according to the court scene today I am very much dissapointed, even though we were not required to provide evidence but still we provided the following.
1)A fresh grant letter from Student Award Agency for Scotland (SAAS) coming year fees paid.
2)Personal statment declaring enouugh funds not become burden etc,,,
3)A letter from bank confirming the maintainance funds paid annualy (dates and amount decribed).Euros 1700.
HO can argue because this is their habbit but how come the judge ignore the law and argue over this point.
BIl |
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stetois
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Joined: 21 Dec 2011
Posts: 40
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| Posted: Tue Jul 17, 2012 3:45 pm Post subject: |
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| But why do u think the judge will dismiss u? |
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Obie
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Joined: 21 Apr 2009
Posts: 3835
Location: UK/Ireland
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| Posted: Tue Jul 17, 2012 3:48 pm Post subject: |
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Bill please dont worry about detention. I am sure it will not get to that. You have a very long way to go before UKBA will start the step you are evisaging. You still have a right to appeal to the Upper Tribunal is unsuccessful at the first tier. Furthermore an undertaking from the student in regards to public fund should suffice.
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Weeping may endure for the night but joy comes in the morning. Success doesn't come without strife |
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Directive/2004/38/EC
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Joined: 25 Oct 2006
Posts: 6420
Location: does not matter if you are with your EEA family member
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| Posted: Sat Jul 21, 2012 1:46 am Post subject: |
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This may sound stupid, but do not leave the UK until this is totally sorted out. A lot of people make that mistake and then get stuck.
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Directive 2004/38/EC lays out free movement rules for EU citizens and their non-EU family members
See blog |
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