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In my case they refuse my application
I appeal it and that was heard in september
Judge didnt make any direction. The Conclusion was that
CONCLUSION: THE MATTER IS REMITED TO THE SECRTARY OF STATE TO use THE DISCRITION UNDER REG 17 (4) OF REGULATION 2006.
Home office give 3 reasons to my refusal
1 dependancy back home not shown
2 dependancy in UK
3 Sponcer not exercises treaty rights
Judge clearly says that i was dependent and sponcer exercising treaty rights
My questions are these
What will happen next
How long it will take
How many chances are there i will get residence card
Thankx

What is your relationship to the sponsor?

You have provided no background information on your case, how do you expect any advice if we don't understand your circumstances.

I m nephew of my sponser
Back home live togather and living togather in uk as well
My uncle got italian passport he join me in uk till then living togather
I came to uk on tier 4 visa
At the end of my visa i applied for residence card
After 3 months its refuse on these grounds
Not sufficient evidence of dependancay either in uk or back home
HO cant confirm employment mean not exercising trety rights

I apeal against the decision
Provide every available evidence
Judge was in my favor (thats what i get from dicussion at the hearing) before we leave the roome HO presenting officer said that judge cant make the direction
They discuss some rule that honestly i cant understand
My barrister told me if he(judge) agree with us then he will send file to HO then they will decide. In ist post the conclusion i wrote it exactly as written in decision.

Nephews aren't extended family members are they?

What happens is , the judge has accepted that you meet the requirements of regulation 8(2).

Having met the requirement of 8 (2) , the next step is the exercise of discretion under regulation 17 (4)(5).

The tribunal can only exercise the discretion under 86 (3)(b) , if the Secretary of State has first exercised it.

As the Secretary of State has yet to exercise the discretion, because they thought you are not an extended family member.

The right course was followed.

The Home Office may refuse to exercise discretion in your favour, or they may not.

If they refuse, you will have another right of appeal and the judge will be able to decide whether or not you should get a Residence Card.

Nephew is a extended family member. They never said
That i m not extended family member.
If i m not a member there should b no right for me to
Apply for that case.
What they said for residence card of extended family
Must be dependant and sponser must exercise treaty
Rights. So you guys think?
If they refuse what should be the reasons?
what i think is that now its like an application with
Approval of judge saying that he is dependent and sponser
Exercising treaty rights. Mean
All evidence are proven by judge
What i want to ask is that how long it gona b

Thvofhrt wrote:Nephew is a extended family member.

Yes, apologies, Wanderer got it wrong again!

I Googled, first three said nephews not extended family members, regoogled after this and all the rest said nephew is...

Mia culpa or whatever it is.....