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home office reject my application

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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elvina
Newly Registered
Posts: 23
Joined: Fri Nov 13, 2009 9:01 pm

home office reject my application

Post by elvina » Wed Nov 25, 2009 7:44 pm

please i have problem with home office i and my wife apply for residency card since 2007 and the application was rejected by homeoffice cos we were ask to come for interview but we didnt get the letter the application was denied that day of the interview.
i was give a form for appeal,me and my wife attend after the jugde now dismiss the appeal that home office said my solicitor refuse to fill the form for method of entry and the bills is only on my wifes name that he is not sure we are living together.how can i open an account,or have bills without them giving me stay in uk.please can advice me cos i was give another appeal form to go to higher court

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Post by Obie » Wed Nov 25, 2009 7:46 pm

What type of residency card did you apply for? is it under EU law or national rules.

Family members of EEA nationals are not usually asked to fill method of entry questionnaire.
Smooth seas do not make skilful sailors

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Post by Obie » Wed Nov 25, 2009 9:37 pm

Continue on this thread

You have to write and inform them, that according to Metock Ruling, it does not matter what means you entered the UK through. Such information are not required for the issuance of Resident Card application.

You only need your passport, passport or ID card of your EEA sponsor, Evidence that your EEA sponsor is exercising treaty right in the UK. Proof of resident should be estabilished in so far as satisfying themselves you are in the UK, and not a condition of resident. There is no requirement that you should have a bank account and you don't need to fill in the method of entry questionnaire.

Also, your solicitor would need to argue under a ruling called Diata, that member state cannot demand that family members be living in the same household. The only information they are to be furnished with, is your marriage certificate and evidence that your wife is exercising treaty rights in the UK.

Again, there is no requirement that you and the EEA national should be living in the same household, therefore bills in both of your names should not be demanded for the issuance of resident card.
Smooth seas do not make skilful sailors

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 9:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Thu Nov 26, 2009 11:13 pm

elvina,

What is your and your spouses citizenship?

What were you applying for?

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Post by Obie » Thu Nov 26, 2009 11:24 pm

Smooth seas do not make skilful sailors

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