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Can some one please advise

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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dabbler80
Junior Member
Posts: 93
Joined: Tue Jan 21, 2014 6:41 pm

Can some one please advise

Post by dabbler80 » Wed Mar 18, 2015 6:15 am

I am writing behalf of my friend. He applied EE2 his previous visa was student. He is married to EU national they both were living together after applying EEa2 he get CoA with permission of work after few weeks the call him and his wife for interview that's lasted almost 3 hours end of the interview they detained him and alleged marriage is not real and things like that's
Marriage is 100% genuine his wife is very supportive she wants him out ASAP but don't no how ?
Can some one please advise
Thanks

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

Re: Can some one please advise

Post by Obie » Wed Mar 18, 2015 9:20 am

He is entitled to a right of appeal.

They should not just detain him. Due process should proceed.

He should be given a right of appeal and the court should be able to decide the strength of the relationship.
Smooth seas do not make skilful sailors

Mutmal
Junior Member
Posts: 76
Joined: Mon Dec 01, 2014 11:51 am

Re: Can some one please advise

Post by Mutmal » Wed Mar 18, 2015 9:59 am

dabbler80 wrote:I am writing behalf of my friend. He applied EE2 his previous visa was student. He is married to EU national they both were living together after applying EEa2 he get CoA with permission of work after few weeks the call him and his wife for interview that's lasted almost 3 hours end of the interview they detained him and alleged marriage is not real and things like that's
Marriage is 100% genuine his wife is very supportive she wants him out ASAP but don't no how ?
Can some one please advise
Thanks

LoL same story
same happen to me after 10 days they release me .
God Bless

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

Re: Can some one please advise

Post by Obie » Wed Mar 18, 2015 10:47 am

I have edited your post to remove the contact number.

It may amount to advertising.

You could , if you so wish, send the OP a private message instead.
Smooth seas do not make skilful sailors

dabbler80
Junior Member
Posts: 93
Joined: Tue Jan 21, 2014 6:41 pm

Re: Can some one please advise

Post by dabbler80 » Wed Mar 18, 2015 6:02 pm

Thanks for reply obie
I didn't qiute understand ob?
They have given him right of appeal and they gave him ticket back home as well after week they told him to leave

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

Re: Can some one please advise

Post by Obie » Wed Mar 18, 2015 11:34 pm

Well he should proceed with a Judicial review forthwith.

The appeal should have a suspensive effect, and the removal directions should be .

Section 78 clearly prevents that.
Smooth seas do not make skilful sailors

whale
Newly Registered
Posts: 25
Joined: Sat Aug 02, 2014 8:35 pm

Re: Can some one please advise

Post by whale » Thu Mar 19, 2015 12:44 pm

@Obie, pls kindly help with my question, i was in the court monday the 16th for oral hearing, but the HO withdrew my case and asked me to go to liverpool for interview, my question is do you know how long it takes to get the date for the interview, my case has been on since 2013 really.
Secondly, is it lawful waiting for 8 month for appeal hearing, paid for the Barrister and court fees and then HO presenting officer withdrew the case?
Thanks

Mutmal
Junior Member
Posts: 76
Joined: Mon Dec 01, 2014 11:51 am

Re: Can some one please advise

Post by Mutmal » Thu Mar 19, 2015 3:21 pm

Obie wrote:I have edited your post to remove the contact number.

It may amount to advertising.

You could , if you so wish, send the OP a private message instead.
sorry obie
you are right and thanks for editing its totally slip from my mind but i send him private message with my number just to help if someone in bad time

thanks again
God Bless

Mutmal
Junior Member
Posts: 76
Joined: Mon Dec 01, 2014 11:51 am

Re: Can some one please advise

Post by Mutmal » Thu Mar 19, 2015 3:29 pm

whale wrote:@Obie, pls kindly help with my question, i was in the court monday the 16th for oral hearing, but the HO withdrew my case and asked me to go to liverpool for interview, my question is do you know how long it takes to get the date for the interview, my case has been on since 2013 really.
Secondly, is it lawful waiting for 8 month for appeal hearing, paid for the Barrister and court fees and then HO presenting officer withdrew the case?
Thanks


i had same
apply june 2013 and refused nov 2103
appeal listed july 2014 and it was withdrawn by HO one day before
after 21 days i received invitation letter for interview on 30th sep and refused on same time and detain me only 7 wrong answer out of 119 question
after 10 days they release me from detention centre
appeal was listed on 16 march 2015 and adjourn by HO presenting officer on the day of hearing
new date is in june

obie please comment on this if you have gone through
God Bless

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

Re: Can some one please advise

Post by Obie » Thu Mar 19, 2015 4:22 pm

whale wrote:@Obie, pls kindly help with my question, i was in the court monday the 16th for oral hearing, but the HO withdrew my case and asked me to go to liverpool for interview, my question is do you know how long it takes to get the date for the interview, my case has been on since 2013 really.
Secondly, is it lawful waiting for 8 month for appeal hearing, paid for the Barrister and court fees and then HO presenting officer withdrew the case?
Thanks
I was in the Tribunal last week aswell, and the Presenting officer sought to delay the matter for weeks, when I had been asking for the interview transcript for month.

I did not allow that to happen. Apart from the cost on my client, he has been waiting for 14 months for a hearing. He was refused on the basis of 7 alleged inconsistent answer, which when I dissect , the judge agree with me, does not amount to inconsistency.

The Judge also agree with the submission, that you can call a person for an interview for 2 reason, 1 can be to catch them out by asking them questions, which due to interview nerves or language barrier, they are likely to get into a muddle, or you can invite them to establish whether their relationship is indeed genuine.

The judge agreed that the UKVI called the interview for the former. There was inconsistency in the interviewer report and the one sent to the appellant.

I felt a sense of pity for the Presenting officer.

You lawyer should have resisted the adjournment.

From my part of the country, there is a 8-10 months waiting for a hearing, and i was informed by the court clerk that the next hearing after this one will be in August.

It is heard to comprehend that poor man having to wait that long, with a pregnant wife.
Smooth seas do not make skilful sailors

Mutmal
Junior Member
Posts: 76
Joined: Mon Dec 01, 2014 11:51 am

Re: Can some one please advise

Post by Mutmal » Thu Mar 19, 2015 9:48 pm

Obie wrote:
whale wrote:@Obie, pls kindly help with my question, i was in the court monday the 16th for oral hearing, but the HO withdrew my case and asked me to go to liverpool for interview, my question is do you know how long it takes to get the date for the interview, my case has been on since 2013 really.
Secondly, is it lawful waiting for 8 month for appeal hearing, paid for the Barrister and court fees and then HO presenting officer withdrew the case?
Thanks
I was in the Tribunal last week aswell, and the Presenting officer sought to delay the matter for weeks, when I had been asking for the interview transcript for month.

I did not allow that to happen. Apart from the cost on my client, he has been waiting for 14 months for a hearing. He was refused on the basis of 7 alleged inconsistent answer, which when I dissect , the judge agree with me, does not amount to inconsistency.

The Judge also agree with the submission, that you can call a person for an interview for 2 reason, 1 can be to catch them out by asking them questions, which due to interview nerves or language barrier, they are likely to get into a muddle, or you can invite them to establish whether their relationship is indeed genuine.

The judge agreed that the UKVI called the interview for the former. There was inconsistency in the interviewer report and the one sent to the appellant.

I felt a sense of pity for the Presenting officer.

You lawyer should have resisted the adjournment.

From my part of the country, there is a 8-10 months waiting for a hearing, and i was informed by the court clerk that the next hearing after this one will be in August.

It is heard to comprehend that poor man having to wait that long, with a pregnant wife.
my lawyer tried his best but judge said its not fair if he will not give a chance to HO presenting officer
he said if we would ask for adjourn he would do that
after long waiting when my wife heard about adjourn and couldn't control and start begging to judge and start crying that we can not survive anymore and her parents travel from back country to support our case and her mom start crying too in front of the judge, judge was really nice he said i really want to say yes for you guys but my hands are tied sorry
but HO presenting officer was feeling really sad but did not say anything she defiantly realise that we are genuine
we all mean her dad, mother and brother were really sad, she and her mother were still crying when we left the court room but judge and presenting officer were still in the room

obie do you think they will re look on the decision ???? or judge would said to the officer after we left ???
God Bless

Obie
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Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
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Re: Can some one please advise

Post by Obie » Thu Mar 19, 2015 9:58 pm

Oh Sorry. It must be tough on you.

The matter will be heard in June. Possibly a different judge will adjudicate on it.
Smooth seas do not make skilful sailors

Mutmal
Junior Member
Posts: 76
Joined: Mon Dec 01, 2014 11:51 am

Re: Can some one please advise

Post by Mutmal » Fri Mar 20, 2015 11:21 am

Obie wrote:Oh Sorry. It must be tough on you.

The matter will be heard in June. Possibly a different judge will adjudicate on it.

Obie so it will not be the same judge ? coz he said to us that he has earliest date is in June
Is it possible that they again can adjourn the hearing in June ?
God Bless

whale
Newly Registered
Posts: 25
Joined: Sat Aug 02, 2014 8:35 pm

Re: Can some one please advise

Post by whale » Fri May 08, 2015 1:54 pm

Hi everyone, just to confirm with you all , its regarding a friend case, he has been with his wife for exactly 3 years. they have been living together for this 3 years they had all prove of living together, they finally got married over a year ago, and my friend got his RC few weeks back.
My question is, can this guy apply for ILR after 2 years from the RC or does he need to complete the 5 years on his RC before he can apply for ILR?
is there anything like discount on how long they have been in this relationship?
Pls kindly advice.

haiman
Newly Registered
Posts: 6
Joined: Sun Apr 12, 2015 1:42 pm

Re: Can some one please advise

Post by haiman » Fri May 08, 2015 3:39 pm

[quote="whale"]Hi everyone, just to confirm with you all , its regarding a friend case, he has been with his wife for exactly 3 years. they have been living together for this 3 years they had all prove of living together, they finally got married over a year ago, and my friend got his RC few weeks back.
My question is, can this guy apply for ILR after 2 years from the RC or does he need to complete the 5 years on his RC before he can apply for ILR?
is there anything like discount on how long they have been in this relationship?
Pls kindly advice.[


he has to count from the date he got married officially,after 5 years of marriage he could apply for PR under European law not ILR.
from what you mentioned your friend is eligible to apply for PR after 4 years which means 2018.

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