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HI i am non eea national my permanent refused by upper tribunal with no rights of appeal again under s13(8)(c) court and enforcement act 2007.

basically i have lived here in uk with my father since 2011 july on residence card for five years which expire on 2016 oct since that i have appplied for pr application twice and both has been refused and then appeal in first tier tribunal and we had hearing but judge refused due to he thinks i am not dependent on my father because i am earning same amount of money as my father is thats why i am not consider as dependent on my father i have lived with my father all these five years hes been paying all the bills and food shopping. I need advice what shall i do next re apply the application because i am not working now fully dependent on my father from last couple of month does anyone can help me with this please.

Do a new application and make sure it is properly done this time, informing them that the fact that you are working does not preclude you from qualifying.

You are member of your father's household. How old are you and at what age did you arrive in the UK?

thanks for replying i came to uk when i was 19 years old yes i live with my dad on rent since then in 2016 we bought a house on mortgage on joint name.

babal23 wrote: ↑

Tue Mar 27, 2018 2:05 pm

we bought a house on mortgage on joint name.

That is not sensible. It looks you were poorly advised on the law, and hence the mess you faced.

what is the advice you can give me for further application for positive result and if you know can you please tell me how long i have to make new application since i have received refused letter from upper tribunal my soliciter said its just 14 days but i have read somewhere its 28 days ?

babal23 wrote: ↑

Tue Mar 27, 2018 2:17 pm

what is the advice you can give me for further application for positive result and if you know can you please tell me how long i have to make new application since i have received refused letter from upper tribunal my soliciter said its just 14 days but i have read somewhere its 28 days ?

Not sure whether your lawyer is talking about a Cart Judicial review. Then that is 16 working days. You have no further right of appeal.

I am rather puzzled as to why a competent lawyer will tell you to show that you own a home jointly with you father and also show you work similar amount to him and then expect you to succeed. it appears you were essentially giving the ammunition to Home Office to refuse you.

yes i understand my first lawyer he messed up everything , he send mine last five years history so now home office know everything about me i feel like do not stand chance to get a permanent residence as dependent on my father and i do not know what shall i do next apart of making new application but as home office knows my history they still can refused.

It is so difficult for me to express a view on your case as it is based on fact. All i can say is that someone messed up terribly.

yes it is...do you reckon making a new application is worth?

From my experience, solicitor want to prolong your case, just to make more money, from you, my solicitor told me on 2012" nikah Muslim marriage is OK to get 5 year permit, this resulted in my simple case got refused.. More time more money.
Its my experience, always take 2 to 3 solicitors advise also, this forum is the great... Love you all. Just do not trust solicitor too much,.. My solicitor was in Central London..... Bye.







quote=Obie post_id=1615069 time=1522157020 user_id=36693]

babal23 wrote: ↑

Tue Mar 27, 2018 2:17 pm

what is the advice you can give me for further application for positive result and if you know can you please tell me how long i have to make new application since i have received refused letter from upper tribunal my soliciter said its just 14 days but i have read somewhere its 28 days ?

Not sure whether your lawyer is talking about a Cart Judicial review. Then that is 16 working days. You have no further right of appeal.

I am rather puzzled as to why a competent lawyer will tell you to show that you own a home jointly with you father and also show you work similar amount to him and then expect you to succeed. it appears you were essentially giving the ammunition to Home Office to refuse you.
[/quote]

babal23 wrote: ↑

Tue Mar 27, 2018 2:59 pm

yes it is...do you reckon making a new application is worth?

All depends on strength of new app.

thanks obie for your information.

babal23 wrote: ↑

Tue Mar 27, 2018 2:30 pm

yes i understand my first lawyer he messed up everything , he send mine last five years history so now home office know everything about me i feel like do not stand chance to get a permanent residence as dependent on my father and i do not know what shall i do next apart of making new application but as home office knows my history they still can refused.

Hey
I am on the same boat...am non EEA....i earn more than my Aunty(EEA national) my solicitor sent my 2 jobs payslips and 5 years working histroy and my application is 5 months old and no decision yet. I went to see and adviser last week and said never present too many payslip or workibg record when doing non EEA extended family member application. I will keep the forum posted on the outcome. It better be a possitive decision. My friend sorry about the trauma HO have placed you.

thanks osa please let me know whats your decsion hopefully positive.

hi everyone need to ask a question i have applied for fresh application for permanent residence after been refused twice by home office and lost appeal due to they consider i am not dependent on eea national because i was working whole these five and one of the lawyer misguided me made a big mess...my question is how long it takes if you request them to send my passport certified copy to registration office by home office or is their any chance if i can ask them to return my passport since they never send me back.

Obie wrote: ↑

Tue Mar 27, 2018 3:05 pm

babal23 wrote: ↑

Tue Mar 27, 2018 2:59 pm

yes it is...do you reckon making a new application is worth?

All depends on strength of new app.

hi obie just want to update few things and see what you had to say about this,

i have applied for new application earlier on this month on 5th of april and requested my passport back they have send my passport back week after and i have done my biometrics too 26th of april.....what do you think is it positive sign getting my biometrics after all the mess i have been through and since they know about my history.

Osafidence wrote: ↑

Tue Mar 27, 2018 3:30 pm

babal23 wrote: ↑

Tue Mar 27, 2018 2:30 pm

yes i understand my first lawyer he messed up everything , he send mine last five years history so now home office know everything about me i feel like do not stand chance to get a permanent residence as dependent on my father and i do not know what shall i do next apart of making new application but as home office knows my history they still can refused.

Hey
I am on the same boat...am non EEA....i earn more than my Aunty(EEA national) my solicitor sent my 2 jobs payslips and 5 years working histroy and my application is 5 months old and no decision yet. I went to see and adviser last week and said never present too many payslip or workibg record when doing non EEA extended family member application. I will keep the forum posted on the outcome. It better be a possitive decision. My friend sorry about the trauma HO have placed you.

any updates please?

babal23 wrote: ↑

Tue Mar 27, 2018 4:43 pm

thanks osa please let me know whats your decsion hopefully positive.

Hey babal23

My application was refused almost same reason as yours and i have right of appeal the refusal state that i didn't
1. Fill out sec 14
2. Provide enough prove after i received RC till now on dependence and i demonstrated self economic activity which seems am independence. Though the refusal stated i have the same address with my Sponsor but it not necessarily acknowledge(which the regulations stated you can be member of household or dependent)

I am looking forward to appear next week and also reapply with the same letters i used for my rc and also my recents letters and write a cover letter to explain and challenge the refusal with the regulations and what the form said on sec 9.3 that if the Sponsor has DCPR do not complete the rest go straight to sec 16.

Then also demonstrates that in EU regulation 2016 8.2

Any thought or suggestions are highly appreciated but for now let me concetrate on my pregnant girlfriend who will give anytime from now then i deal with appeal and reapply next week. Thanks all