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My friend applied as an extended family memeber in 2015 and the case was refused in 2015 reson stated that sponsor who was his brother is not exercising treaty rights. Long story short the case was won in 2019 june. (Sala case). Now in 2016 when the case in the court his brother passed away. Now the situation the guy won appeal and got his card.
Whats the next step he should do?
Can he get indefinate stay in the uk as his sponsor passed away!

Was the Tribunal not informed before granting the appeal, that the EEA national had died.

No tribunal was not informed and he got it on paper appeal

And the reason was that when the brother passed away the case was already lodged in the court!

This is a tricky one. If he was a family member at the time when the EEA national died, he would have been fine, but at the time when the appeal was decided, the EEA national had died, he would not have been granted a residence card if the authorities were aware the EEA nation was deceased.

Mitchelle wrote: ↑

Tue Nov 19, 2019 2:21 pm

Now in 2016 when the case in the court his brother passed away. Now the situation the guy won appeal and got his card.

A Residence Card issued under the EEA Regulations is not a visa. It is merely confirmation of a state of affairs (dependency or relationship) at the time of the submission of the application.

In this case, if the brother is dead when the Residence Card is issued, the EFM can't be dependent on a dead person and therefore the Residence Card is already invalid at the time of issue and the EFM has no legal residence in the UK. S/he would look for alternative applications to reside in the UK or look at other countries to immigrate to.

Regulation 18 of the EEA Regulations 2016 wrote:(7) A residence card—
(a) must be called “Residence card of a family member of a Union citizen”;
(b) is proof of the holder’s right to reside on the date of issue;
(c) is no longer valid if the holder ceases to have a right to reside under these Regulations;
(d) is invalid if the holder never had a right to reside under these Regulations.

Obie wrote: ↑

Tue Nov 19, 2019 3:35 pm

Was the Tribunal not informed before granting the appeal, that the EEA national had died.

Please help, I can't find my previous post here, has it been deleted or moved, please help

Duff wrote: ↑

Mon Jan 27, 2020 5:17 pm

Obie wrote: ↑

Tue Nov 19, 2019 3:35 pm

Was the Tribunal not informed before granting the appeal, that the EEA national had died.

Please help, I can't find my previous post here, has it been deleted or moved, please help

eea-route-applications/need-help-guys-e ... l#p1872256

Perhaps you should also read the forum rules, especially about tagging and hijacking other members topics!!