Immigrationboards.com

3 jan -2008 - Entered uk as a student .

10 may 2010 - visa expired and stayed unlawfully

March 2015 - met my girlfriend ( polish nationality)

October 2015 - we started living together. (We are are still living together)

My partner is getting a divorce and the case is still going on with the court .

1 September 2017 - Encountered by Home office
And was detained in Tinsley house Gatwick

Challenged Home office under human rights Article 8 - Right to a private and family life . Case was refused . They told me I don’t have the IN COUNTRY RIGHTS . I have to go back to my country and apply from there .

I was handed a Flight ticket .

judicial jury filed with upper tribunal.

My flight ticket was cancelled

29 September 2017 - Received bail with terms and conditions.

Every Wednesday I have to sign in with Home office .

2 weeks ago I got a ONE STOP NOTICE under section 120 . They asked me for all the evidences and proof to be submitted in 7days if not
I could be detained and be deported .
So I called my solicitor and gave him all the documents like pictures, bills messages my partners payslip tenancy agreements . And he lodged a fresh application for me to the Home office.

Yesterday when I went to report they took me to a room and interviewed me . They asked me my back home details like my parents name and date of birth . school I went . My home address . Name of the hospitals or temple I can remember from my city .

I’m scared that next time I’ll be going to report they might detain me and deport me .

Please give me some more advice

Why dont you put an application?

Obie wrote: ↑

Thu Jan 11, 2018 11:11 am

Why dont you put an application?

What application sir ?

Extended family member. Your lawyer should be aware of that.

Obie wrote: ↑

Thu Jan 11, 2018 11:16 am

Extended family member. Your lawyer should be aware of that.

Thank you for your advise sir . To be honest with you he hasn’t mentioned me about the extended family member.
So it’s possible to apply even if my partner divorce is still going on ?

Obie wrote: ↑

Thu Jan 11, 2018 11:44 am

possible.

Thank you . Is there a chance that HO could detained me again anytime soon while I’m reporting?
I’m just worried about the Notice I got under section 120 . Even though I have filed a case prior to that notice.

If what should be done legally is not done, then they may well do. UKVI has no sympathy.

Has the Upper Tribunal decided your JR on papers.

Obie wrote: ↑

Thu Jan 11, 2018 11:54 am

If what should be done legally is not done, then they may well do. UKVI has no sympathy.

Has the Upper Tribunal decided your JR on papers.

Thank you .
No I have not received anything from the upper tribunal regarding my judicial review.

honestly I’m not happy with my solicitor too . He hardly speaks to me or advice properly .he took payment of another £600 on 9th jan in order to file the application to that notice under sec 120 I received. I’m wandering why he’s never mentioned me about the extended family member.

So now, shall I just wait for the Home office to reply me or can I file a fresh application for extended family member ?

U should submit EEA EFM as soon as possible then no one can touch you

Loutfi wrote: ↑

Thu Jan 11, 2018 1:24 pm

U should submit EEA EFM as soon as possible then no one can touch you

Thank you for your advice .
I think that’s a good idea . Shame that my solicitor never mentioned me about that .

Anyway, as for proof and evidences we got emails that we’ve exchanged, that was from April 2015 and Thousands of text messages we shared with each other . Lots of pictures together and with her family member .
Regarding the bill I have BT GAS AND ELCECTRICTY on my name but it’s only 3 months old .
My parter works as an IT software engineer for Superdrug HQ . So she earns a decent money . Tenancy agreement is on her name . And she pays council tax every month .

Don’t have joint bank accounts though .
I’m just worried that my partner divorce papers are still pending and I might not have the right to marry her or apply for EEA unless she’s divorced.

When u applying for EEA EFM u don't need to get married mate trust me just go for it

Loutfi wrote: ↑

Thu Jan 11, 2018 1:50 pm

When u applying for EEA EFM u don't need to get married mate trust me just go for it

I’m going to see my solicitor next Monday so I will ask him about this procedure . And the other thing is when I was in detention Home office said that I don’t have in country rights to Appeal. So Im thinking if they could refuse my EEA application.

U can apeal after dicision 100%

Loutfi wrote: ↑

Thu Jan 11, 2018 2:16 pm

U can apeal after dicision 100%

That is not correct. At present, EFM are not getting right of appeal.

The solicitor should up his game.

Obie wrote: ↑

Thu Jan 11, 2018 4:37 pm

Loutfi wrote: ↑

Thu Jan 11, 2018 2:16 pm

U can apeal after dicision 100%

That is not correct. At present, EFM are not getting right of appeal.

The solicitor should up his game.

EFM can appeal after SALA. UK law/guidance might not be updated yet but ECJ has given the decision. I think.

eeaprneu2 wrote: ↑

Thu Jan 11, 2018 6:13 pm

Obie wrote: ↑

Thu Jan 11, 2018 4:37 pm

Loutfi wrote: ↑

Thu Jan 11, 2018 2:16 pm

U can apeal after dicision 100%

That is not correct. At present, EFM are not getting right of appeal.

The solicitor should up his game.

EFM can appeal after SALA. UK law/guidance might not be updated yet but ECJ has given the decision. I think.

Thank you for the information. Could you please advice me what I should do next and other things I should be aware of ?

eeaprneu2 wrote: ↑

Thu Jan 11, 2018 6:13 pm

EFM can appeal after SALA. UK law/guidance might not be updated yet but ECJ has given the decision. I think.

That is not correct. There is no appeal rights for Extended family members. Only those extended family members who received an EEA decision before the 01-02-2017 are covered by the Court of Appeal ruling.

Obie wrote: ↑

Fri Jan 12, 2018 12:50 pm

eeaprneu2 wrote: ↑

Thu Jan 11, 2018 6:13 pm

EFM can appeal after SALA. UK law/guidance might not be updated yet but ECJ has given the decision. I think.

That is not correct. There is no appeal rights for Extended family members. Only those extended family members who received an EEA decision before the 01-02-2017 are covered by the Court of Appeal ruling.

Thanks Obie . Please tell me what I should do next . Because my JR is still pending and I have also received One stop Notice . Is it wise to apply for EFM right now ? Please give some advice. Thanks

Seen as it is clear what direction your lawyer is taking in relation to your case, it is difficult to give advise.

Obie wrote: ↑

Fri Jan 12, 2018 1:56 pm

Seen as it is clear what direction your lawyer is taking in relation to your case, it is difficult to give advise.

Hi Obie thank you .
So in your opinion I should be applying for extended family member while my partners divorce is still pending ? Or shall I wait until the separation is over and get married with my partner ?

So my judicial review has been refuse and I’ve just paid £1000 to my solicitor To get an oral hearing .
I’m still wandering if I can apply for an EEA application while I wait for my oral hearing date and My partner divorce case is still pending too ?

That is a lot of money. Oral hearing fee is significantly much less than that.

Obie wrote: ↑

Thu Jan 18, 2018 11:38 am

That is a lot of money. Oral hearing fee is significantly much less than that.

Court fee is £385 and rest is his fees plus Vat

This solicitor is clearly leading you in the wrong path. This whole thing will only end in tears. You need to cut your losses and flee.