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Appeal format-Urgent Pls

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Viktoria27
Junior Member
Posts: 89
Joined: Sun Mar 09, 2014 11:32 am

Appeal format-Urgent Pls

Post by Viktoria27 » Fri Mar 14, 2014 1:41 pm

"quote"
Last edited by Viktoria27 on Fri Mar 14, 2014 3:33 pm, edited 1 time in total.

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Appeal format-Urgent Pls

Post by Obie » Fri Mar 14, 2014 1:59 pm

That is wrong. You cannot expect to secure PR, by providing prospective CSI, for retrospective purpose.

There is nothing in the case you cited, that suggest that this can be done.

May be so for Residence Card, but not PR.
Smooth seas do not make skilful sailors

Viktoria27
Junior Member
Posts: 89
Joined: Sun Mar 09, 2014 11:32 am

Re: Appeal format-Urgent Pls

Post by Viktoria27 » Fri Mar 14, 2014 2:26 pm

Thanks for your reply Obie. How about that case which i posted? Upper tribunal allowed the appeal with postdated CSI.
Just to add i was working form 2006 till 2009 and receiving Maternity Allowance till June 2010

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Appeal format-Urgent Pls

Post by Obie » Fri Mar 14, 2014 2:36 pm

I am not sure it is necessary for me to repeat, that the case you cited does not deal with PR (EEA 4 or EEA 3) appeals, it concerns Resident card appeal (EEA 2). The tribunal was therefore entitled to the conclusions that they made.

The reasoning in that determination, cannot be transposed into an EEA 4 appeal.

EEA 4 address past event, so evidence of past activities will be required. This is not the case for EEA 2.
Smooth seas do not make skilful sailors

Viktoria27
Junior Member
Posts: 89
Joined: Sun Mar 09, 2014 11:32 am

Re: Appeal format-Urgent Pls

Post by Viktoria27 » Fri Mar 14, 2014 3:38 pm

Thanks very for your explanation Obie!

Could you also tell me please if non EEA passport is expired and can't be renewed because of the war in home country and embassies are closed, is there any way he can apply for EEA2? He only holds UK driving licence and the expired passport on which was RC issued which is expired now as well.

I really appreciate you time for responses.

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