Hi everyone id like to put my case forward and hopefully you guys can analyse it and give me an insight if i am making a mistake or how to improve my case.
came to uk 2016 student visa
applied for asylum 2018
asylum refused 2019 they send my asylum refusal to old address
starting living with my wife 2019 in september
applied for EEA settlement scheme 15 oct 2020
EEA refused nov 2020
appealed
currently preparing appeal bundle for court.
My case is after my asylum refusal instead of catching up on the refusal letter my old solicitor ( which ive left ) advised me to apply for eea settlemt scheme so im not an overstayer.Me and my mrs cant be seperated we were half dead on anti depresson pills when we met and now were literally joy to eachother, we havent had depression since we met. we met moved in together got engaged and got married as well we have done our Islamic Nikkah in mid 2020, we were requesting the home office since late 2019 to send my passport to thee registar office so we can get married but they send my passport in 2020. but when i contacted the registar they told us my passport is expired. so they have permission from home office but i need to make new passport to get married. sadly bad luck but pakistani comission refused to make my passport as ive applied for asylum before and my visa has ended. so now my case is in court weve appealed against the eea settlement scheme refusal as they have accepted my partner excersising treaty rights only they are saying that we are not in a durable relationship so we have appealed in court with more evidence of us living together uptill now with supporting letters from friends and family our nikkah nama and more evidences. the only sad part is that when the home office gave us permission to get married and send our passports to the registar my passport was expired otherwise we would of gotten married and proved our relationship to them .
my questions for all the members are do i have a good case in court ive got al the proofs like our pictures our nikkah everything friends and family the only thing is its not been 2 years of us being together our 2 years are gonna be completed in september 2020. what should i do do i have any chance in court and if the court refuses us, is there any other option apart from spouse visa as because of covid she is in another job now and dosent earn enough. and because of last year was lockdown can the judge consider our 1 year and 8 month living together as a durable relationship as it hasent reached 2 years but we have lived through covid and the lockdown we faced extreme hardships in this lockdown especially financially.[img]file:///C:/Users/Salman/Downloads/167549313_162626379050236_7525043830753574652_n.jpg[/img]
i cant add the image here but on my refusal letter it states that
It is noted that all the documents do demonstrate a long term relationship to one simmilar to marriage in addition the documents do not show any substantial evidence of long term joint commitments although u have provided tenancy agreements but they itself ar deemed insuffient
in order to accept ur relationship durable this department would expect to see more evidence that u and your eea partner are residing together in a relationship akin to marriage for ex joint financial commitments over a long period of time .
this is apart of the reason i will post pictures of the refusal once i get a chance.
but my wife is supporting me financially as im not allowed to work and were in covid were living in a not good state atm how can we show long financial commitments atm.
any advice would be helpful i have to submit my appeal bundle on thursday 5th 31 2021
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