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Child of durable partner of eea member

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

Tmehmood76
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Re: Child of durable partner of eea member

Post by Tmehmood76 » Sun Oct 18, 2020 8:29 am

Thanks,
Can you explain in bit details , can i appeal on what grounds and can i demonstrate on our long term rrlationship as duranle partner and thats been granted settle status.

Tmehmood76
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Re: Child of durable partner of eea member

Post by Tmehmood76 » Sun Oct 18, 2020 8:30 am

Ok i will open my own query

bek13
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Re: Child of durable partner of eea member

Post by bek13 » Mon Oct 19, 2020 1:14 pm

Tmehmood76 wrote:
Sun Oct 18, 2020 8:30 am
Ok i will open my own query
We are on same boat, I am working with solicitors regarding this if any news i wil post here

Tmehmood76
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Re: Child of durable partner of eea member

Post by Tmehmood76 » Tue Oct 20, 2020 11:34 am

Bek,
How is different to apply only eea family permit (not eea settlement).can i concatct same soliciotor if possible

We are on same boat, I am working with solicitors regarding this if any news i wil post here
[/quote]

bek13
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Re: Child of durable partner of eea member

Post by bek13 » Tue Oct 20, 2020 11:43 am

Tmehmood76 wrote:
Tue Oct 20, 2020 11:34 am
Bek,
How is different to apply only eea family permit (not eea settlement).can i concatct same soliciotor if possible

We are on same boat, I am working with solicitors regarding this if any news i wil post here
[/quote]

I have some idea what is different but I am not solicitor so better let them do their job, at this moment I have no chance to reapply becouse of covid 19 VAC is closed till further notice and home office(Tsl contact) is not able to return passport back.

bek13
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Re: Child of durable partner of eea member

Post by bek13 » Tue Oct 20, 2020 11:58 am

I don't know how to send private message here and I don't know are we allowed to share private details like the name of solicitor company here

Obie
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Re: Child of durable partner of eea member

Post by Obie » Tue Oct 20, 2020 12:04 pm

It is against the rules of the forum to publish names of individual law firms.
Smooth seas do not make skilful sailors

bek13
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Re: Child of durable partner of eea member

Post by bek13 » Tue Oct 20, 2020 12:05 pm

Thanks again Obie, good to know.

Obie
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Re: Child of durable partner of eea member

Post by Obie » Tue Oct 20, 2020 12:08 pm

If you provide the text of the refusal, absent personal information, i will assist on open forum, as you have no Private message facilities either.
Smooth seas do not make skilful sailors

bek13
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Re: Child of durable partner of eea member

Post by bek13 » Tue Oct 20, 2020 2:39 pm

Screenshot_20201020-153032_Drive.jpg
Screenshot_20201020-153032_Drive.jpg (593.33 KiB) Viewed 1466 times

Obie
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Re: Child of durable partner of eea member

Post by Obie » Tue Oct 20, 2020 2:47 pm

I think your lawyer is incompetent. He ought to have known that your child will not qualify for EU settlement.

The refusal is correct, and an appeal will fail. I see no reason why a competent lawyer will apply for an Extended family member without a residence document under the regulations.
Smooth seas do not make skilful sailors

bek13
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Re: Child of durable partner of eea member

Post by bek13 » Tue Oct 20, 2020 2:55 pm

But this is happen, what next I don't know, we cannot reapply becouse VAC is close, the country where my son need to reapply is in quarantine(no transport to travel even between cities) . On Tls contact its say, you cannot receive even passport back becouse VAC is closed for future notice. And there is limited time left to reapply.

Obie
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Re: Child of durable partner of eea member

Post by Obie » Tue Oct 20, 2020 2:58 pm

An application can be made now before the deadline in December, or the door will be firmly closed on your son.

It seems all my comments on your case as been wrong. As my understanding of why you were refused is different from what it actually is. After December, someone like your son will not qualify again.

Hopefully the lawyer will do the proper application next time round, as the window is closing.
Smooth seas do not make skilful sailors

Obie
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Re: Child of durable partner of eea member

Post by Obie » Tue Oct 20, 2020 3:00 pm

Tmehmood76 wrote:
Tue Oct 20, 2020 11:34 am
Bek,
How is different to apply only eea family permit (not eea settlement).can i concatct same soliciotor if possible

We are on same boat, I am working with solicitors regarding this if any news i wil post here
[/quote]

I was actually referring to you earlier. What was the reason for your refusal.
Smooth seas do not make skilful sailors

bek13
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Re: Child of durable partner of eea member

Post by bek13 » Tue Oct 20, 2020 3:25 pm

We applied in March but got decision after pre action was made by my solicitor in October and on email to my solicitor they did apologise with reason it took so long becouse of covid and technical issue. So its not my son's fault. On email they say they will tell to VAC to return passports but till now we hear nothing from them. Vac in country where my son applied is CLOSED and on web site they clearly say you cannot receive passport back while vac closed. Its look like " go there don't know where, do that I don't what, bring that I don't know what." What happening is big joke

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Zerubbabel
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Re: Child of durable partner of eea member

Post by Zerubbabel » Fri Oct 23, 2020 9:37 am

bek13 wrote:
Tue Oct 20, 2020 3:25 pm
We applied in March but got decision after pre action was made by my solicitor in October and on email to my solicitor they did apologise with reason it took so long becouse of covid and technical issue. So its not my son's fault. On email they say they will tell to VAC to return passports but till now we hear nothing from them. Vac in country where my son applied is CLOSED and on web site they clearly say you cannot receive passport back while vac closed. Its look like " go there don't know where, do that I don't what, bring that I don't know what." What happening is big joke
How quick can you get another passport? You can consider that one lost and apply for a new one. If you can get it within a week or two, that may help.

bek13
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Re: Child of durable partner of eea member

Post by bek13 » Mon Dec 28, 2020 7:38 am

Hi everybody Merry Christmas and Happy New year to all of you.
Some updates, we received passport of my son back but VAC is still closed, we have been told that they are open only to return documents of applicants.
My solicitor has submitted New application and we are in process to renew the passport and also we appealed to FTT. Thanks for your support guys. Wish you all best in New Year.

bek13
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EUSS for extended family

Post by bek13 » Thu Jan 27, 2022 1:40 am

Hi guys I hope you are ok. I am non EU family member(with pre settle status) of Irish citizen. My son euss application (applied outside) was refused in october 2020, appealed, hearing was in June 2021 and still waiting for decision it's already 8 month, my solicitor told me they can't contact FTT about decision and keep telling me to wait. Emailed to my MP in December 2021 no news still waiting. Any advice ? Thanks in advance

Cyber Ghost
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EUSS for extended family

Post by Cyber Ghost » Thu Jan 27, 2022 5:18 am

bek13 wrote:
Thu Jan 27, 2022 1:40 am
Hi guys I hope you are ok. I am non EU family member(with pre settle status) of Irish citizen. My son euss application (applied outside) was refused in october 2020, appealed, hearing was in June 2021 and still waiting for decision it's already 8 month, my solicitor told me they can't contact FTT about decision and keep telling me to wait. Emailed to my MP in December 2021 no news still waiting. Any advice ? Thanks in advance
Look like your solicitor is certainly a SOB, seriously. Ask him again to contact FTT for the status of your appeal. After the 30 days of hearing the court must have to send the decision.

Or contact the caseworker of your assigned court directly.

Obie
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Re: EUSS for extended family

Post by Obie » Thu Jan 27, 2022 7:47 am

8 months wait is a stretch. I have had to wait for 6 months in a case i did in 2018, but that was because the judge was unfortunately deceased.

I dread to say, that at the time of your appeal extended family members were not entitled to pre settled status, so it is likely the appeal may not succeed.

It could be a decision was even sent but misplaced.

It is negligence of your lawyer not to have chased things up. Then again this is a view I expressed a while back.
Smooth seas do not make skilful sailors

bek13
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Re: EUSS for extended family

Post by bek13 » Thu Jan 27, 2022 11:59 am

Thank you for replying guys. It was online hearing and my barrister raise 3 points, one of them judge dismissed but other 2(one of them was human rights) judge said to me at the end of hearing that this case is very interesting and he need time

Obie
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Re: Child of durable partner of eea member

Post by Obie » Thu Jan 27, 2022 12:06 pm

Post moved to new section.
Smooth seas do not make skilful sailors

Obie
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Re: Child of durable partner of eea member

Post by Obie » Thu Jan 27, 2022 5:11 pm

I have merged your previous topic with your present query, so that people who want to express a view are given a better understanding of the history of your case.
Smooth seas do not make skilful sailors

bek13
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Re: Child of durable partner of eea member

Post by bek13 » Thu Jan 27, 2022 7:19 pm

Thanks

bek13
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Re: Child of durable partner of eea member

Post by bek13 » Thu Mar 31, 2022 12:52 am

Hello to everyone, we are still waiting for FTT decision since June 21. Is anyone else in same situation here?
Can I contact FTT my self ? 2 month ago my solicitor received email from ftt stating that decision has not been made yet.
Second application we submitted is expired because vac is closed in our country my son couldn't submit biometrics. Contacted MP she emailed to HO and no response from HO.
My solicitor is communicating with HO and on last response they advice to submit new application again despite vac is closed for further notice.
My solicitor now advising me to do human rights application or judicial review
Really I don't know what to do
Thanks in advance 🙏

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