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Appeal (hearing)- adjourned

Posted: Sun Jan 13, 2013 10:24 pm
by mjocker
Dear friends,

I've applied for a residency card as my wife is an EU resident and my application has been refused because her payslips had a mistake on them.
I went for an appeal on the 17th of December but it was adjourned to the 25th of January because the home-office needed time to check the authenticity of my wife's new payslips.

The judge has given the home-office directions:
(i)Home Office to indicate, in writing to both Appellant and to the Tribunal whether
(a) The case is to be withdrawn.
(b) To continue on present basis.
(c) To include any alternative grounds.

(ii) Aforementioned notification to be made not later than Friday 21st December 2012.

Till today, neither myself nor the tribunal has received in notification from the Home Office.

What is the smartest move to make in this case??


Thanks in advance

Posted: Mon Jan 14, 2013 2:45 am
by Obie
HO might want to pursue appeal. They tend to usually ignore direction. Unless you hear itherwise from them in writing, i will advice you appear at the tribunal.

Posted: Mon Jan 14, 2013 3:46 pm
by Directive/2004/38/EC
Obie wrote:HO might want to pursue appeal. They tend to usually ignore direction. Unless you hear itherwise from them in writing, i will advice you appear at the tribunal.
I agree. I would go.

Please let us know the outcome.

Posted: Mon Jan 14, 2013 4:31 pm
by mjocker
Thank you guys, I'll let you know the outcome.
I was thinking, should I write them a letter? maybe they'll decide to drop the case...

Posted: Mon Jan 14, 2013 10:24 pm
by Directive/2004/38/EC
mjocker wrote:Thank you guys, I'll let you know the outcome.
I was thinking, should I write them a letter? maybe they'll decide to drop the case...
You would have no guarantee that it would be received, acted on, and replied to before the 25th (approx 10 days from now!).

Posted: Fri Jan 25, 2013 1:48 pm
by mjocker
Dear Friends,

I won the appeal! The judge asked the Home Office to allow my application for residency card.

What's the next step now? Beside my passport, what other documents should I send to the Home Office to get my residency card?


Many Thanks,

Posted: Fri Jan 25, 2013 1:57 pm
by Obie
Wait for 8-12 weeks and you will receive your residence card on the post, provided of course there is no further appeal.

Given the circumstances of your case, this may not be the case.

Posted: Fri Jan 25, 2013 2:09 pm
by mjocker
Hello,

Thanks for your reply Obie.

I'm sorry but when they've refused my application, they've sent me back both my wife passport and mine.
Do I have to send the passports back and then wait 8-12 weeks?
I actually didn't understand...

Posted: Fri Jan 25, 2013 4:41 pm
by mobismome
mjocker wrote:Hello,

Thanks for your reply Obie.

I'm sorry but when they've refused my application, they've sent me back both my wife passport and mine.
Do I have to send the passports back and then wait 8-12 weeks?
I actually didn't understand...
if you like send your passport but i recommend you dont send let them issue ur rc in an immigration document

Posted: Fri Jan 25, 2013 5:59 pm
by Obie
If there is no further appeal, you could send the determination together with your passport to the official who refused your initial application,and ask him or her to affix your residence Card on your passport rather than a status document. Make sure it is sent by special delivery and keep the details.

Waiting for residency card!!

Posted: Wed Apr 24, 2013 2:58 pm
by mjocker
Dear Friends,

I've received a letter from the Home Office saying that they've withdrawn the decision of refusal (to issue residency card) and also I've received a letter from the tribunal saying that the Respondent (home office) has withdrawn the original decision.

The issue is that I've a BIG emergency, I need to travel to my home country because my grand-mother is seriously ill and about to pass away "according to her doctor at the clinic". The issue is that I haven't received my residency card yet and I've been waiting since the 25th of January.

Can you please help me? I don't know what to do?
Should I send to the home office the proof like a medical certificate, doctor statement or photos of grand-mother medical case hoping that it will make the home office to process faster?

Many Thanks,