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Dilemma whether or not to withdraw my Appeal
Posted: Fri Jun 10, 2016 9:17 am
by adrianspence
First, please accept my apology if my post is in the wrong place (if so please help move it to the right part of this great forum).
I need advice on whether i should withdraw my appeal as i currently have an EEA(FM) application that is almost 4 months in.
The appeal is for Human Rights application refusal.
The refusal was based on the fact that my son (british) doesn't live with me and i had at the time no fixed arrangements to see him or any court orders.
I have since the refusal been able to resume constant access to my son with enough proofs to back that up.
I was in court for the last time this week and my child arrangement order was granted; i will receive the court order in the next week at most.
I received a letter from the tribunal that my appeal will be heard on 30th of June but i cannot currently afford a barrister and i am not sure going to court without one will do me any good also i cannot afford my lawyer to make the 'bundle' and he won't see me without me paying up. Like i said earlier, after appealing the refusal in Aug of last year, i got married to my polish wife in Dec 2015 and i have since applied for a residence card on that basis as well as my wife's permanent residence card.
I need advice for the gurus here if i should withdraw the appeal, the lawyer casually mention in passing that i cannot have two applications with the Home Office so i really do not know what to do.
Apologies for the long post but your assistance will be much appreciated.
Kind Regards,
Adrian
Re: Dilemma whether or not to withdraw my Appeal
Posted: Fri Jun 10, 2016 5:42 pm
by noajthan
Moving to EEA sub-forum for you - more chance of reply there.
Stand by.
Re: Dilemma whether or not to withdraw my Appeal
Posted: Fri Jun 10, 2016 8:18 pm
by noajthan
adrianspence wrote:First, please accept my apology if my post is in the wrong place (if so please help move it to the right part of this great forum).
I need advice on whether i should withdraw my appeal as i currently have an EEA(FM) application that is almost 4 months in.
...
I received a letter from the tribunal that my appeal will be heard on 30th of June but i cannot currently afford a barrister and i am not sure going to court without one will do me any good also i cannot afford my lawyer to make the 'bundle' and he won't see me without me paying up. Like i said earlier, after appealing the refusal in Aug of last year, i got married to my polish wife in Dec 2015 and i have since applied for a residence card on that basis as well as my wife's permanent residence card.
I need advice for the gurus here if i should withdraw the appeal, the lawyer casually mention in passing that i cannot have two applications with the Home Office so i really do not know what to do.
Apologies for the long post but your assistance will be much appreciated.
Kind Regards,
Adrian
Are you worried
1) because you believe the lawyer who suggested you can't have 2 applications in flight at once (or 1 appeal and 1 application)?
- I don't know if that is correct.
OR are you
2) concerned that if you withdraw the appeal it may be interpreted as not having a valid case?
- but ofcourse in your case you do now have a second, viable application underway.
There seem to be at least two more ways to look at this now:
a) stick with the appeal on the basis that its all set in motion and its a chance to say your piece and win the day;
- present the additional evidence to reflect you recently changed and improved circumstances.
In other words, bolster the application with the proof of access etc but also, now, morph the appeal into a more or less fresh application made '
on the fly' during your '
day in court'.
OR
b) Scrap the appeal just because circumstances have changed so much.
As you are now a spouse with an EAA sponsor/spouse
you will succeed as long as:
- sponsor/spouse is a qualified or settled person (proven by PR status in wife' s case);
and the marriage is genuine (proof of relationship);
and you are both who you say you are (proof of identity);
and both living in UK (proof of residence);
That's EU law and UK is duty-bound to issue a RC to a family member in such circumstances.
My inclination would be towards route b).
However I fully appreciate that you're the one in the hot seat and with '
skin in the game'.
Re: Dilemma whether or not to withdraw my Appeal
Posted: Fri Jun 10, 2016 8:36 pm
by Casa
Your lawyer is correct. In order to submit another application you would have to withdraw from the appeal.
Re: Dilemma whether or not to withdraw my Appeal
Posted: Sat Jun 11, 2016 1:28 am
by alex1128
The best option would be to stick to the appeal!
That way you can make sure the judge will do you justice, on the other hand, if you cancel your appeal The HO will be in a power position where they can refuse your new application so you will have to appeal anyway and it will take more time to get a date again !
Concerning the bundle it is not that complicated you can do it yourself if you do some research on google, there are loada of templates you can follow !
I am sharing with you this advice only from my personal experience!
Re: Dilemma whether or not to withdraw my Appeal
Posted: Sat Jun 11, 2016 7:29 am
by adrianspence
Thanks to everyone for your input.
I am fairly certain my EEA application will be successful`and at the moment i am leaning towards withdrawing the appeal.
Can someone please explain how to withdraw my appeal, if i write to the presenting officer and the court where appeal will be heard or to the address in Leicester when i posted my grounds of appeal.
Thank you.
Re: Dilemma whether or not to withdraw my Appeal
Posted: Sat Jun 11, 2016 9:25 am
by vinny
As EEA applications are
not subject to Section 3C, I don't think you have to withdraw your appeal before making a new application.
Re: Dilemma whether or not to withdraw my Appeal
Posted: Sat Jun 11, 2016 9:31 am
by alex1128
adrianspence wrote:Thanks to everyone for your input.
I am fairly certain my EEA application will be successful`and at the moment i am leaning towards withdrawing the appeal.
Can someone please explain how to withdraw my appeal, if i write to the presenting officer and the court where appeal will be heard or to the address in Leicester when i posted my grounds of appeal.
Thank you.
Out of curiosity, what makes you certain your eea fm will be successful?
Re: Dilemma whether or not to withdraw my Appeal
Posted: Sat Jun 11, 2016 12:44 pm
by adrianspence
vinny wrote:As EEA applications are
not subject to Section 3C, I don't think you have to withdraw your appeal before making a new application.
I have my EEA application already with Home Office, submitted that in Feb this year.
Re: Dilemma whether or not to withdraw my Appeal
Posted: Sat Jun 11, 2016 12:49 pm
by adrianspence
alex1128 wrote:adrianspence wrote:Thanks to everyone for your input.
I am fairly certain my EEA application will be successful`and at the moment i am leaning towards withdrawing the appeal.
Can someone please explain how to withdraw my appeal, if i write to the presenting officer and the court where appeal will be heard or to the address in Leicester when i posted my grounds of appeal.
Thank you.
Out of curiosity, what makes you certain your eea fm will be successful?
I just am, i applied for EEA(EFM) last July and it was rejected, i addressed the reasons for rejection and then applied after i got married to my wife. whilee applying for her permanent residence card as well as she has been exercising her treaty rights here in UK for 11 years.
(Not to sound too cocky) I think Home Office will need a very good reason to reject our application.
Re: Dilemma whether or not to withdraw my Appeal
Posted: Sat Jun 11, 2016 1:43 pm
by noajthan
adrianspence wrote:alex1128 wrote:Out of curiosity, what makes you certain your eea fm will be successful?
I just am, i applied for EEA(EFM) last July and it was rejected, i addressed the reasons for rejection and then applied after i got married to my wife. whilee applying for her permanent residence card as well as she has been exercising her treaty rights here in UK for 11 years.
(Not to sound too cocky) I think Home Office will need a very good reason to reject our application.
Based on what you have said about recent changes in circumstances, you appear to have the full weight of EU law on your side now.
Re: Dilemma whether or not to withdraw my Appeal
Posted: Sat Jun 11, 2016 6:16 pm
by alex1128
adrianspence wrote:alex1128 wrote:adrianspence wrote:Thanks to everyone for your input.
I am fairly certain my EEA application will be successful`and at the moment i am leaning towards withdrawing the appeal.
Can someone please explain how to withdraw my appeal, if i write to the presenting officer and the court where appeal will be heard or to the address in Leicester when i posted my grounds of appeal.
Thank you.
One thing is sure, you will get you RC sooner or later however the HO can use any silly reason to delay it by refusing your application and send you to the appeal path.
In my case they just refused my wife's application because they claimed theyve sent us an interview letter that we never received + not that I did not provide my employement contract eventhough i did and they've returnt it along with all the 533 pages of documents I have sent !
That is why I am advising not to trust the HO, only a judge can garanty you justice !
Out of curiosity, what makes you certain your eea fm will be successful?
I just am, i applied for EEA(EFM) last July and it was rejected, i addressed the reasons for rejection and then applied after i got married to my wife. whilee applying for her permanent residence card as well as she has been exercising her treaty rights here in UK for 11 years.
(Not to sound too cocky) I think Home Office will need a very good reason to reject our application.