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Help please

Posted: Tue Apr 23, 2013 1:35 am
by jovon
Just some clarification needed pls
Am a family member of an eea national(my mother) I got married to an overstayed we both live with my mother and I applied as an extended family member for my husband who's my mothers son in law as we are bot dependant on her and live in the same household.is this possible.thanks for ur replies.

Re: Help please

Posted: Tue Apr 23, 2013 11:37 pm
by reabs
Some clarification is required I believe to delve into your query deeper.

You are a non-EEA national resident as a dependant of an EEA national.

Your husband is also a non-EEA national and is dependent on your mother who is an EEA national.

Your husband has overstayed his current leave.

Is this correct?

If it is, I would advise against making an application in country as your case is not strong enough - shaky even. At present it appears to meet the grounds for refusal for an EEA family permit listed below:
We will refuse your application if:

You are involved in a 'marriage or civil partnership of convenience'. This is a marriage or civil partnership that is for immigration purposes only, with neither person planning to live with the other in a genuine and settled relationship.

You cannot provide evidence of permission to be in the country where you are applying (he is not a UK national).
It would probably be better to retain the services of competent counsel to provide advice and help with any application.

Re: Help please

Posted: Wed Apr 24, 2013 12:48 am
by jovon
reabs wrote:Some clarification is required I believe to delve into your query deeper.

You are a non-EEA national resident as a dependant of an EEA national.

Your husband is also a non-EEA national and is dependent on your mother who is an EEA national.

Your husband has overstayed his current leave.

Is this correct?

If it is, I would advise against making an application in country as your case is not strong enough - shaky even. At present it appears to meet the grounds for refusal for an EEA family permit listed below:

I don't think that's right because we are married for real we even have a child together so I don't see how u can call that a marriage of convience
We will refuse your application if:

You are involved in a 'marriage or civil partnership of convenience'. This is a marriage or civil partnership that is for immigration purposes only, with neither person planning to live with the other in a genuine and settled relationship.

You cannot provide evidence of permission to be in the country where you are applying (he is not a UK national).
It would probably be better to retain the services of competent counsel to provide advice and help with any application.