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Appeal format-Urgent Pls
Posted: Fri Mar 14, 2014 1:41 pm
by Viktoria27
"quote"
Re: Appeal format-Urgent Pls
Posted: Fri Mar 14, 2014 1:59 pm
by Obie
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.
Re: Appeal format-Urgent Pls
Posted: Fri Mar 14, 2014 2:26 pm
by Viktoria27
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
Re: Appeal format-Urgent Pls
Posted: Fri Mar 14, 2014 2:36 pm
by Obie
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.
Re: Appeal format-Urgent Pls
Posted: Fri Mar 14, 2014 3:38 pm
by Viktoria27
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.