EUSS Refused (ADVICE HELP PLZ)

Hi Guys, Need some help in terms of seeing what experiences others have gone through plus what chances have I got. Thanks

Timeline:
2009 Dec: Arrived in Uk on a student visa
2010: finished my studies for a diploma
2011: became an overstayer as my immigration advisor didn't submit my application and wasn't a qualified solicitor either! (found out a lot later)
2014: Fake ID documents got them through mates
2015 till 2021: worked for big firms with a great job as I was qualified.
2021: I got caught through HR processes! Arrested and charged plus court hearing luckily I gave them a plan and with genuine remorse as I've done 10 years of community volunteer work they didn't give me custodial sentence! Community work given!! Very lucky

Immigration never contacted me or gave me a deportation order for the last 11 years.

Background: I'm a Pakistani national but was born and bred in Saudi Arabia never been to Pakistan either.

Me and my EU partner been together for 2 years and got civil partnered in 2021 and submitted our unmarried EUSS application and also sent the certificate of civil partnership in the post later to them.

22nd April: application submitted
9th May: Biometrics
9th May: COA
Decision: Pending

Once you're an overstayer it becomes difficult I get that part. But just wanted to know others experiences and advice etc

Really appreciate your help. Ta

Samwise wrote: ↑

Thu Jul 01, 2021 10:06 am

Me and my EU partner been together for 2 years and got civil partnered in 2021 and submitted our unmarried EUSS application and also sent the certificate of civil partnership in the post later to them.

Can't comment on your situation, but just to point out that if you have a civil partnership then you are not unmarried partners. Unmarried partners are couples who haven't formed either a legal marriage or civil partnership; in other words, who do not have a marriage certificate or a civil partnership certificate.

(Now... if you got a civil partnership with a fake ID & fake residence documents (is that the case?), I'm not sure where that puts your civil status).

Hi Mate,

So we submitted our unmarried application before going to registrar for notice etc. We were given permission to civil within 2 days of notice given by home office even registrar was surprised to find that out.

Rather then withdrawing the application of unmarried partner from home office. Barrister suggested to send the certificate by recorded post as in the past that was accepted.

After getting arrested from there onwards everything was legit got my passport from embassy and onwards everything was done properly.

Samwise wrote: ↑

Thu Jul 01, 2021 10:37 am

Hi Mate,

So we submitted our unmarried application before going to registrar for notice etc. We were given permission to civil within 2 days of notice given by home office even registrar was surprised to find that out.

Rather then withdrawing the application of unmarried partner from home office. Barrister suggested to send the certificate by recorded post as in the past that was accepted.

After getting arrested from there onwards everything was legit got my passport from embassy and onwards everything was done properly.

This is why you should be clear and full when giving timelines. For your own benefit, and anyone attempting to comment on your case, it would be best if you clarify:

1. What happened between 2011 and 2014. That's three full years.
2. Your detailed timeline in 2021. You got arrested, civil partnered, and applied to the EUSS. Please clarify in which order that happened, and in which dates (at least the month of each event).
3. What is your current immigration status? You got arrested for overstaying and using fake IDs, and you did not get deported? To be honest I'm surprised. Not that I wish anyone to be deported, but that doesn't seem to align with how the HO operates. Can you clarify on what basis you can still remain in the UK?

Again, I do not have sufficient knowledge to provide any authoritative comment on your case, but hope the above gives some leads to anyone in a better position to help. Good luck.

I Apologise some things are blurry so trying my best to remember the accurate timeline.

1) From 2011 till 2014 I went through really tough times as I didn't know which route to apply to stay etc and I couldn't go back to Saudi Arabia as my residency permit expired which needs to be renewed every year so the ban kicked in which is for 3 Years minimum. Plus we’ve been living like my parents for 50 yrs back in Saudi. And we have no family in Pakistan at all.
2) so arrested in Jan 2021 released on bail the next day. Police were surprised to know that I had no status as my English is fluent as native.
Feb 2021 got high court hearing adjourned and in March 2021 I was given a community sentence and was ordered to sort my status out asap!
April 2021 submitted unmarried partner under EUSS
MAY 2021 notice of intention to civil partnership
June 2021 got civil partnered with my partner
June 2021 sent certificate to home office

3) I got arrested as my employer informed BTP that I used a false passport to get employment. I was never arrested for overstaying. My status atm is an overstayer since 2011 unfortunately.

@kamoe, isn't the requirement to be considered as the family member of an EEA citizen that the marriage/civil partnership must have been contracted before 31st December 2020?

To the OP; even assuming that you are granted Pre-Settled Status (and that is an assumption, not a given), keep in mind that you can't apply for British citizenship for at least 10 years after having acquired legal residence in the UK (i.e. after the grant of any leave or Pre-settled Status). So the earliest that you will be looking at applying for British citizenship will be 2031 or later.

Hi Simon,

So the requirement is relationship to be existed before 31st dec 2020 and we have joint bank accounts etc which were done before 31st 2020.

Tbh British citizenship is the least of my concerns I'm being blunt here haha I just want to get back on track that's about it. Happy with pre-settle whether it's 5 yrs or 10 Yrs.

Samwise wrote: ↑

Thu Jul 01, 2021 2:18 pm

Hi Simon,

So the requirement is relationship to be existed before 31st dec 2020 and we have joint bank accounts etc which were done before 31st 2020.

I think that a durable relationship existing before 31st December 2020 needs to be verified by an EEA EFM Residence Card issued before that date.

It may depend on how narrowly the Home Office assesses your case.

secret.simon wrote: ↑

Thu Jul 01, 2021 2:13 pm

@kamoe, isn't the requirement to be considered as the family member of an EEA citizen that the marriage/civil partnership must have been contracted before 31st December 2020?

If the basis of the application is marriage, yes, I understand it needs to have started before the end of the transition period.
If the basis of the application is a durable partnership, then same date applies, but this means some more wiggle room if they demonstrated the durable relationship started more than 2 years ago.

Now... the issue there is the OP does not have a EEA Residence Card, and that might mean a rejection. We have heard of one successful and one unsuccessful case of unmarried partners without a EEA RC, which leads me to think these cases are decided on a case-by-case basis... not so sure what the chances are for someone who has been an overstayer for over 10 years... I mean, they have rejected an applicant who had a valid legal status in the UK purely because of not having a EEA RC...

@kamoe
@secret.simon

So when I spoke to Home office awhile back and even tho they were outsourced call centres or whatever plus I spoke to 6 different solicitors and barristers mix and they all said it's being done case by case by home office. And the most important factor or vital point is relationship exists and it's not a sham basically

I've seen stories where 15 years overstayers got accepted so I agree with @Kamoe that it's case by case they decide.

I'm keeping hope but also being realistic that it will get rejected and we might have to go appeal route.

Samwise wrote: ↑

Thu Jul 01, 2021 4:09 pm

I'm keeping hope but also being realistic that it will get rejected and we might have to go appeal route.

OK, keep us posted. Good luck.

Hi Guys, Need some help in terms of seeing what experiences others have gone through plus what chances have I got. Thanks

Timeline:
2009 Dec: Arrived in Uk on a student visa
2010: finished my studies for a diploma
2011: became an overstayer as my immigration advisor didn't submit my application and wasn't a qualified solicitor either! (found out a lot later)
2011 - 2014 : tough times/cash in hand jobs and friends helped me alot to survive.
2014: Fake ID documents got them through mates
2015 till 2021: worked for big firms with a great job as I was qualified.
2021(Jan Got arrested): Arrested and charged plus court hearing Community work has been given!!
2021 (April EUSS application submission)
2021 (June got married)
2021 Dec: Got a job within civil service
2022: Feb 7th Got refusal under EU6 eligibility as I didn't had the residence card.

Status : I've got no status in UK apart from the appeal process which is in process now. Was never given a deportation order.

Background: I'm a Pakistani national but was born and bred in Saudi Arabia never been to Pakistan either.

Me and my EU partner been together for 2 years and got civil partnered in 2021 and submitted our EUSS application and also sent the certificate of civil partnership in the post later to them.

22nd April: application submitted
9th May: Biometrics
9th May: COA
Decision 7th Feb 22: refusal under EU6 eligibility
Appeal: Submitted on 21st Feb

P.s: I was told by the EU resolution centre that I went through the suitability section unscathed as overstaying or conviction normally gets a refusal there! But as I declared everything and submitted statements explaining the reasonings that might have helped!

Question :

- Any similar cases of refusal and got appeal allowed?
- Is the appeal process scary?


Appreciate your help. Ta

Any Marriage that takes place after 31-12-2020,will not qualify under the withdrawal agreement.

If you can show your relationship was durable before the 31-12-2020, you may succeed.

The problem is, your application appears later, as it ought to have been submitted before 30-06-2021.

Hi Obie,

Yes i do get that part regarding not qualifying but we had to try unfortunately.

Relationship was durable before 31-12-2020. But case worker didn't really looked at that with all the evidence given. Case worker only pointed out that as he/she can't see any family permit so he/she is refusing it.

We couldn't get marriage dates as everything was back logged so application got delayed.

Well she may be wrong on that, as there is a duty to facilitate in circumstances where a durable relationship exists before the 31-12-2020.

That duty does not extend to other Extended family members, but it certainly applies to durable partner.

Hi Guys, Need some help in terms of seeing what experiences others have gone through plus what chances have I got. Thanks

Timeline:
2009 Dec: Arrived in Uk on a student visa
2010: finished my studies for a diploma
2011: became an overstayer as my immigration advisor didn't submit my application and wasn't a qualified solicitor either! (found out a lot later)
2011 - 2014 : tough times/cash in hand jobs and friends helped me alot to survive.
2014: Fake ID documents got them through mates
2015 till 2021: worked for big firms with a great job as I was qualified.
2021(Jan Got arrested): Arrested and charged plus court hearing Community work has been given!!
2021 (April EUSS application submission)
2021 (June got married)
2021 Dec: Got a job within civil service
2022: Feb 7th Got refusal under EU6 eligibility as I didn't had the residence card.

Status : I've got no status in UK apart from the appeal process which is in process now. Was never given a deportation order.

Background: I'm a Pakistani national but was born and bred in Saudi Arabia never been to Pakistan either.

22nd April: application submitted
9th May: Biometrics
9th May: COA
Decision 7th Feb 22: refusal under EU6 eligibility
Appeal: Submitted on 21st Feb
Appeal Date: 19th Dec 22

P.s: I was told by the EU resolution centre that I went through the suitability section unscathed as overstaying or conviction normally gets a refusal there! But as I declared everything and submitted statements explaining the reasonings that might have helped!

Note: After speaking to several barristers i've been told appeal will most likely fail due to the fact previous ruling on a case (Celik (EU exit; marriage; human rights) [2022] UKUT 00220 (IAC)) have taken any merits out of my case unfortunately.

QUESTIONS:

- What options I've got left ?
- FLR FP (Article 8 application) my route should be ?
- Any other route i'm missing ?
- Any similar stories plz elaborate (I will owe you dinner)!

Due to this I don’t believe you will qualify for any visa, unfortunately.

2014: Fake ID documents got them through mates
2015 till 2021: worked for big firms with a great job as I was qualified.
2021(Jan Got arrested): Arrested and charged plus court hearing Community work has been given!!

Hi, bud

Thanks for the input I've checked it with 5 different barristers.

- If the court gave me imprisonment then yes you're correct it would've been difficult. But in my case, I was able to prove my innocence due to factors leading to homelessness. Hence I was given community service. In case of ID fraud, they never give community service only imprisonment (Confirmed by Police & Court). The home office had the chance to detain me at the police station or the court but never did as the court asked me to put the application in asap so that was a concession may

Secondly:

EU settlement application have 4 different stages :

Firstly, the applicant’s identity is verified, often through the EU Exit app.
Next, the application passes through the ‘Suitability Stage’,
and then on to the ‘Eligibility Stage’.
At the fourth stage, the decision is made and issued.

I passed the suitability stage as we disclosed all the information about criminality and i was rejected on eligibility confirmed by Solicitors so the difficult hurdle of suitability was passed

Topics merged!

Thank you

Hi Guys,

I'm going for the FLR FP application for private and family life. I have a few questions regarding it will be much appreciated if someone can answer them kindly and any tips or advice.

- Financial Req: Self Employment & Part time jobs earnings! What will be accepted for Self employment? (Current year or last full year). If my partner is starting a new full-time job will they accept the employment letter or she needs to be doing it for 6 months minimum to show the payslips etc?

- Accommodation: We live together we got all proofs like Broadband etc on both of our names! But the tenancy agreement is under my name will that cause issues but rent go through joint bank accounts?

We had a period of accommodation where we lived in a shared house with another couple and they had all the bills and tenancy contract under their names! We only paid rent to them! We've got a letter from both of them plus their IDs to confirm that we lived there for that period is that sufficient?

- English Req: My English is fluent like native do I need to do the English test for proof?

- Relationship: It's genuine and subsisting with all pictures/holidays/gifts/cards etc everything available. Anything else needed ?

samwise1 wrote: ↑

Sat Oct 15, 2022 4:27 pm

- English Req: My English is fluent like native do I need to do the English test for proof?

yes, unless you've done a test recently/got a degree from UK uni/hold a nationality that is exempt

Thanks bud, for clarifying the English part. Any other topics you’ve got knowledge about by any chance ?

God bless

I would be eternally grateful if someone can clarify questions regarding Appendix FM plz