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Search found 13 matches

by mrsliyai
Wed Sep 27, 2017 1:46 pm
Forum: EU Settlement Scheme
Topic: Appeal: introducing new arguments
Replies: 20
Views: 2036

Re: Appeal: introducing new arguments

I had my appeal on the 20th and today the letter came informing us that we had won the appeal. The judge found that Sala didnt apply to our case and she allowed the appeal under eea regulations. We are now waiting to see if the home office appeal. Thank you for all of your advice, I really appreciat...
by mrsliyai
Mon Sep 04, 2017 9:15 am
Forum: EU Settlement Scheme
Topic: Appeal: introducing new arguments
Replies: 20
Views: 2036

Appeal: introducing new arguments

My partner applied EEA EFM in 2016 and was refused with appeal right before Sala. I have made a list of arguments for why Sala doesn't apply in his case but if the judge refuses to accept these can we argue that while he is my efm he is our British daughters direct family member. Chavez-Vilchez and ...
by mrsliyai
Fri Sep 01, 2017 5:51 pm
Forum: EU Settlement Scheme
Topic: New Helpful Zambrano Guidance
Replies: 11
Views: 16771

Re: New Helpful Zambrano Guidance

Obie, My unmarried partner (kenyan) and I (British) along with our baby daughter resided in malta for 8 months where I was self employed. We returned to the UK in late 2015 and applied for a UK residence card under surinder singh but it was refused because they said surinder singh doesnt apply to ef...
by mrsliyai
Fri Sep 01, 2017 5:24 pm
Forum: EU Settlement Scheme
Topic: SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW
Replies: 376
Views: 93760

Re: No right of appeal against refusal of residence card to EFM

Have there been any updates on the Khan case?
by mrsliyai
Sun Dec 04, 2016 1:11 am
Forum: EU Settlement Scheme
Topic: Appeal: introducing new arguments
Replies: 20
Views: 2036

Re: No right of appeal against refusal of residence card to

Therefore the position may be assimilated to an EFM with an EEA family peemit. (4) This regulation does not apply— (a)where the purpose of the residence in the EEA State was as a means for circumventing any immigration laws applying to non-EEA nationals to which F would otherwise be subject (such a...
by mrsliyai
Sun Dec 04, 2016 12:56 am
Forum: EU Settlement Scheme
Topic: Appeal: introducing new arguments
Replies: 20
Views: 2036

Re: No right of appeal against refusal of residence card to

Obie wrote:This person was granted entry at port under the regulation.


Therefore the position may be assimilated to an EFM with an EEA family peemit.
Thank you so much for your input, I really really appreciate it.
by mrsliyai
Sun Dec 04, 2016 12:47 am
Forum: EU Settlement Scheme
Topic: Appeal: introducing new arguments
Replies: 20
Views: 2036

Re: No right of appeal against refusal of residence card to

Despite contrary judgments, the UKVI maintains that SS is not applicable to extended family members. Applicants claiming to be extended family members (for example, durable partners or dependent relatives) of British citizens do not have a right of residence under the 2006 regulations (as amended)....
by mrsliyai
Sun Dec 04, 2016 12:39 am
Forum: EU Settlement Scheme
Topic: Appeal: introducing new arguments
Replies: 20
Views: 2036

Re: No right of appeal against refusal of residence card to

I contacted Your Europe Advice and they said that the stamp doesn't constitute a visa, so it doesn't carry the same rights but after requesting information on the stamp from the home office under the freedom of information act they said the only time the stamp can be given is after the immigration o...
by mrsliyai
Sun Dec 04, 2016 12:24 am
Forum: EU Settlement Scheme
Topic: Appeal: introducing new arguments
Replies: 20
Views: 2036

Re: No right of appeal against refusal of residence card to

I'm not really sure what to do if they refuse to hear the case because of a lack of jurisdiction. From what I read I thought that he would have a right of appeal because the home office used their discretion twice (At the airport and for the ukrc application) and both times found that he was my dura...
by mrsliyai
Sun Dec 04, 2016 12:11 am
Forum: EU Settlement Scheme
Topic: Appeal: introducing new arguments
Replies: 20
Views: 2036

Re: No right of appeal against refusal of residence card to

No. But we've been together for 4 years (with proof) and we have two children together (2.5years old and 10months old). Our refusal letter says that while he has been my partner for 4 years and we two children together they can not give him a residence card because surinder Singh does not apply to e...
by mrsliyai
Sat Dec 03, 2016 11:53 pm
Forum: EU Settlement Scheme
Topic: Appeal: introducing new arguments
Replies: 20
Views: 2036

Re: No right of appeal against refusal of residence card to

Yes, he has a Maltese residence card. We entered the UK on his article 10 residence card and he was given an EEA dependent ink stamp at the airport (in case that's relevant).
by mrsliyai
Sat Dec 03, 2016 12:08 pm
Forum: EU Settlement Scheme
Topic: Appeal: introducing new arguments
Replies: 20
Views: 2036

Re: No right of appeal against refusal of residence card to

Thank you, and apologies for the mess up. x
by mrsliyai
Sat Dec 03, 2016 1:11 am
Forum: EU Settlement Scheme
Topic: Appeal: introducing new arguments
Replies: 20
Views: 2036

No right of appeal against refusal of residence card to EFM

Regulation 36 (3) of the new eea regulations says "If a person claims to be in a durable relationship with an EEA national, that person may not appeal under these Regulations without producing— (a)a valid passport; and (b)either— (i)an EEA family permit; or (ii)sufficient evidence to satisfy the Sec...
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