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EEA family member refused. Appeal pending. Pls help.

Posted: Thu Jun 17, 2010 7:17 am
by Faithful
Hi all,
Can anyone please help with any info or advice on how to tackle this rather messy issue.A friend and his cousin applied as family members of their uncle who is an EEA national with an ILR stamp on his EEA passport. After a few returns of application by HO, they were given the certificate of application which said they could live and work for the time being until their cases were resolved. Now the problem is they've acquire thier NI and stuff only now to get a refusal letter from them saying they did not provide enough evidence of living together in another state prior. They were then given the right to appeal which they did with a set date in a couple of months.
Now the real messy bit is that one on them had claimed assylum 9 years ago, which was refused but did all the signing on and bits and was later released but wasn't given any concrete conclusion by the HO. Out of frustration, he then contacted the HO to see what was being done about his Assylum case by applying the application made before 2007 rule as advised by someone telling him that the HO were clearing the backlog and because he's been on it for a very long time, he's case might be looking good.
But instead, the HO has just written to him and his cousin to visit Croydon on a set date as they are still liable to be detained.
What does that mean? Is it just a routine check on them or is that the route back to their country? and what is going to happen to their appeal that is pending?. Pls help they are very dear people and I just wish this HO could establish or distinguish btw very good normal peolple and the bad ones.
Please help! Any suggestions or advise is welcome.

Posted: Thu Jun 17, 2010 7:44 am
by Wanderer
How were they dependent on the EEA national? And how is it possible to have claimed asylum here whilst being dependent at the same time?

Posted: Thu Jun 17, 2010 9:30 am
by Faithful
Wanderer wrote:How were they dependent on the EEA national? And how is it possible to have claimed asylum here whilst being dependent at the same time?
Hi wanderer. He claimed assylum years before his uncle decided to come and live here an has since then been depending on his brother.

Re: EEA family member refused. Appeal pending. Pls help.

Posted: Thu Jun 17, 2010 10:34 am
by 677ano
Faithful wrote:Hi all,
Can anyone please help with any info or advice on how to tackle this rather messy issue.A friend and his cousin applied as family members of their uncle who is an EEA national with an ILR stamp on his EEA passport. After a few returns of application by HO, they were given the certificate of application which said they could live and work for the time being until their cases were resolved. Now the problem is they've acquire thier NI and stuff only now to get a refusal letter from them saying they did not provide enough evidence of living together in another state prior. They were then given the right to appeal which they did with a set date in a couple of months.
Now the real messy bit is that one on them had claimed assylum 9 years ago, which was refused but did all the signing on and bits and was later released but wasn't given any concrete conclusion by the HO. Out of frustration, he then contacted the HO to see what was being done about his Assylum case by applying the application made before 2007 rule as advised by someone telling him that the HO were clearing the backlog and because he's been on it for a very long time, he's case might be looking good.
But instead, the HO has just written to him and his cousin to visit Croydon on a set date as they are still liable to be detained.
What does that mean? Is it just a routine check on them or is that the route back to their country? and what is going to happen to their appeal that is pending?. Pls help they are very dear people and I just wish this HO could establish or distinguish btw very good normal peolple and the bad ones.
Please help! Any suggestions or advise is welcome.

The best thing is to seek an immigration solicitor advise this looks quite complicated.

1. seek asylum 9 years ago
2. EEA family member/dependant

this will surely raise the question of how the person was depended on the EEA national, there seems to be not concrete proof of living with the EU national in another state.

you may try proving that the person has been resident in the house hold of the EEA national here and has been dependent