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Just one an appeal as a familly member of the EEA national. But the HO appeal on the bases that there is no proof I am dependent on EEA national. and the fact that they are not sure I can be classified under regualtion 8 as a family member because i am 24 at the moment but the adoption has been done over 10 years ago by my Uncle Because My parent Died when I was still young . But I have been living in the country since 2005 with my uncle up till date. Please I need an advice on how to go about it. thanks

Deeone wrote:Just one an appeal as a familly member of the EEA national. But the HO appeal on the bases that there is no proof I am dependent on EEA national. and the fact that they are not sure I can be classified under regualtion 8 as a family member because i am 24 at the moment but the adoption has been done over 10 years ago by my Uncle Because My parent Died when I was still young . But I have been living in the country since 2005 with my uncle up till date. Please I need an advice on how to go about it. thanks

Who is the EEA National exercising a treaty right?

Who is the EEA National exercising a treaty right?[/quote]

my uncle who is my adaptor

I mean my uncle who happenedd to be my adoptor is the one excercising the treaty right.

Did he adopt you in another EU state, ie were u under adoption in another EU state?

I was adopted in a country outside the EU state which is India

Deeone wrote:I was adopted in a country outside the EU state which is India

So just to get this set in my mind;

1. Your uncle was living in another EU state

2. He adopted you

3. You joined him there

4. You moved to UK together

Is that right?

yes, you are right but I was adopted while I was in india

Can you post the history chronologically, including which state your Uncle is from, where you lived as his adopted child and the dates.

Sorry to ask but we need Chapter and Verse really, not one sentence repsonses as this gives the impression there is something to hide or something highly relevant you haven't told us.

sorry I do not have access to internet through out last week I travelled and could not reply to my mails on time as . I am from Bangalore in india i my uncle lived in France since h e adopted me whe after my My Father died in 1999. after he had been leaving in france because he happened to be the next of kin to my Dad and he inherited all the family business and property. He applied for me to start my study in uk in 2003 and I got my visa and in september 2004 and He joined me with his family in Uk october 2004 and we have been living together ever since then in Uk.
Thanks

India is not part of the Designated list of countries, whose adoption is recognised in the UK, therefore, they should , recognise you as an extended family member and process your application under this category.

If India was part of that country, even though you are of age , the UK would have had to process it under Regulation 7, with an automatic right of residence if you can show you are dependant on your uncle.

HI what to do now because I appeal?

it is almost two months now that the HO has appeal against the decision of the Immigration judge to grant me Rensident Card and I was told there appeal is allowed and was told the case will be taken to upper tribunal; But ever since I have responded and sent the form and submit the document I presented at the hearing which was early july I have not heard from the upper Tribunal or Ho on the issue. Please what is the best thing to do on this issue? because I ought to enroll for a course and this requires my Immigration document . Thanks in advance and looking forward to response from you guys

It is very unclear the circumstances surrounding your case.

The UK has set out specific country, whose adoption it recognises.

However, as a Nephew of an EEA national, you fall under Article 3(2) of the Directive, or Regulations 8 of the EEA regulations, if you can show your were dependant on your uncle, or lived under the same roof as him.

Please note that the household should be in the full ownership of your uncle.

I really can't understand the basis for the UKBA refusal, and the reason for which their appeal was allowed, so it would be difficult to comment.

In any case i wish you success in your appeal.

the senior judge said the other judge do not show evidential proof which he used to acertain I am living with and adopted by my uncle which was one of the point home officed raised;
the other point was based on the point I do not qualify under the hague convention as well as the proof of my dependence on my uncle which I did show with my banstatement and corresponding letters.
nevertherless, I do not understand the meaning of full ownership of the house hold you mentioned because we did rent the house we are living in. Thanks

Apologies for any confusion i may have caused you. Your EEA sponsor don't necessarily need to own the property in which you reside, but should be the legal tenant and rent payer. You need to provide evidence of dependancy on him in the country from which you came to qualify.

If you have provided all of these, i see no reason why you will not qualify

Thanks for your continous assistance; I know everything is right with my document but how do i complain to Immigration Tribunal because it's been up to 2months that i have responded to the appeal file by the HO and my school is resuming this september and they have not responded on the result of the document i submitted or appeal hearing I dont want to loose my Uni placement this year. any help will be greatly appreciated

Please any response will be appreciated on how to make a complaints to the upper tribunal concerning the case because I need the my passport and my immigrations status for registeration in the uni. thanks

I will like thank God and thank you all who has assisted and gave me advice; during my application. I receive a called from my solicitor that I have been granted the RC few days back. But I was wondering Why the HO has to send it through to the solicitor. thank you very much.