Stick to Asylum Case or turn to EEA Residence Card.

Patience · Post by **Patience** » Tue Aug 19, 2008 11:42 am

My cousin is still on his asylum case and he has been refused and appeals have failed.He is now married to an EEA citizen(3 years ago) and he updated them on his development.He still got the standard letter stating his case will be resolved by 2011 etc.His case is a legacy case.

We are thinking about getting his MP involved and using Article 8 to get his case prioritized.

However I am thinking about applying for an EEA Family Permit instead using the EU Laws.

I will appreciate your suggestions on which way to go.

I am not certain if he can make another EEA application with a pending legacy case.

thsths · Post by **thsths** » Tue Aug 19, 2008 2:03 pm

Patience wrote:I am not certain if he can make another EEA application with a pending legacy case.

You can always make an EEA application, but it may stop the legacy case. So he should only do this if he is certain to get the residence card. As long as he is married and his wife is working, I see no reason why not.

Tom

Patience · Post by **Patience** » Tue Aug 19, 2008 2:44 pm

Thanks for that Tom.Much appreciated.

4444 · Post by **4444** » Thu Aug 21, 2008 9:50 am

from what i know if his case has been identified as a legacy case all further representations will be send to his legacy team. so if he put an EEA application now i think it will be decided by his legacy team coz thats where his file is now

Thandia · Post by **Thandia** » Thu Aug 21, 2008 1:59 pm

4444 wrote:from what i know if his case has been identified as a legacy case all further representations will be send to his legacy team. so if he put an EEA application now i think it will be decided by his legacy team coz thats where his file is now

How can that be when the EEA permit is decided using EU law whilst the legacy cases are decided using UK immigration law? Also legacy cases result in ILR outside the immigration rules whilst the EEA is a five year residency permit. I believe a certain criteria has to be met for the EEA permit whilst legacy rules have a whole different criteria altogether. The EEA permit according to EU law has to be decided within 6 months or it could leave the HO open to damages claims (caseworker instructions on deciding EEA permits timescale) unlike legacy cases whuch don't have to be decided until 2011. IMO, it would be very contradictory to treat an EEA application as further rep when it is an entirely new application which is decided on a different set of rules. As I also understand it, under EU law, those who've applied for an EEA permit can complain etc where there is a delay or where the case worker takes ages to respond to queries, they even have a complaints officer for that unlike legacy cases where you don't have any such luck if your not a priority case. Not so?

4444 · Post by **4444** » Thu Aug 21, 2008 2:52 pm

Thandia wrote:
4444 wrote:from what i know if his case has been identified as a legacy case all further representations will be send to his legacy team. so if he put an EEA application now i think it will be decided by his legacy team coz thats where his file is now
How can that be when the EEA permit is decided using EU law whilst the legacy cases are decided using UK immigration law? Also legacy cases result in ILR outside the immigration rules whilst the EEA is a five year residency permit. I believe a certain criteria has to be met for the EEA permit whilst legacy rules have a whole different criteria altogether. The EEA permit according to EU law has to be decided within 6 months or it could leave the HO open to damages claims (caseworker instructions on deciding EEA permits timescale) unlike legacy cases whuch don't have to be decided until 2011. IMO, it would be very contradictory to treat an EEA application as further rep when it is an entirely new application which is decided on a different set of rules. As I also understand it, under EU law, those who've applied for an EEA permit can complain etc where there is a delay or where the case worker takes ages to respond to queries, they even have a complaints officer for that unlike legacy cases where you don't have any such luck if your not a priority case. Not so?

thats why i said i think thandia coz from the OP it looks like her cousin has already submitted the application to the HO . yes you are right if he has not made an application under the EEA route he shud do so. but from what i know if you are an overstayer or failed asylum seeker in UK it normally takes more than a year to process the EEA application. so the best way is to do both thus sending enquiries thru the MP to the legacy case on article 8 grounds and applying under the EEA route

Thandia · Post by **Thandia** » Thu Aug 21, 2008 3:30 pm

4444 wrote:
Thandia wrote:
4444 wrote:from what i know if his case has been identified as a legacy case all further representations will be send to his legacy team. so if he put an EEA application now i think it will be decided by his legacy team coz thats where his file is now
How can that be when the EEA permit is decided using EU law whilst the legacy cases are decided using UK immigration law? Also legacy cases result in ILR outside the immigration rules whilst the EEA is a five year residency permit. I believe a certain criteria has to be met for the EEA permit whilst legacy rules have a whole different criteria altogether. The EEA permit according to EU law has to be decided within 6 months or it could leave the HO open to damages claims (caseworker instructions on deciding EEA permits timescale) unlike legacy cases whuch don't have to be decided until 2011. IMO, it would be very contradictory to treat an EEA application as further rep when it is an entirely new application which is decided on a different set of rules. As I also understand it, under EU law, those who've applied for an EEA permit can complain etc where there is a delay or where the case worker takes ages to respond to queries, they even have a complaints officer for that unlike legacy cases where you don't have any such luck if your not a priority case. Not so?
thats why i said i think thandia coz from the OP it looks like her cousin has already submitted the application to the HO . yes you are right if he has not made an application under the EEA route he shud do so. but from what i know if you are an overstayer or failed asylum seeker in UK it normally takes more than a year to process the EEA application. so the best way is to do both thus sending enquiries thru the MP to the legacy case on article 8 grounds and applying under the EEA route

Agreed. Keeping both routes open is a good idea.

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