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EEA Family permit HELP urgent!!!!

Posted: Wed Mar 09, 2011 2:07 am
by aalliem
can someone help me in this matter. I'm pakistan citizen to EEA citizen living in Canada. I have pending refugee case with Immigration in canada. I'm authorize to stay unless -ve outcome from Immigration in Canada. Can I apply for UK EEA family permit from Canada or i will to go back to pakistan. I emailed World bridge but answer was not satisfactory. according to email , "In general terms "country or territory where the applicant is living" refers to the place where a person is present in any capacity other than as a short term visitor and has permission from the relevant authorities to do so,"
In my refugee case i do have the authority to stay here by immigration.
2nd question, our son who is US citizen is 6 years old, If I'm required to go to pakistan and apply from there, will my son also have to go there for Biometrics?
thanks for your help. We are ready to apply, just not sure what to do

Posted: Wed Mar 09, 2011 8:18 am
by vinny

Posted: Wed Mar 09, 2011 1:14 pm
by aalliem
thakns Vinny, this guide talks about . The applicant will need to be in the third country or territory in accordance with that country or territory's immigration laws." . I'm in canada as Refugee Applicant. Immigration Authorities are aware that I'm here and they authorize me to stay here, can I apply from Canada. I'm still refugee applicant, my case not been decided upon yet.
thanks

Posted: Wed Mar 09, 2011 1:29 pm
by 86ti
Interesting. Another internal document reads differently though this one seems to have last been updated earlier. Personally, I would like to think that the EUN are correct...

Posted: Thu Mar 10, 2011 1:28 am
by aalliem
I sent an email to worldbridge and i was notified , "family members may be able to apply from Canada if they have a valid long term visa or Canadian passport, or if they are a Permanenbt Resident here."
can someone refer me to some Immigration law that states that we can apply from canada when i don't have legal status here.

thanks.

Posted: Thu Mar 10, 2011 7:34 am
by vinny
It's worth trying in Canada as it's a free application.

Posted: Thu Mar 10, 2011 8:20 am
by 86ti
I wouldn't put too much faith into answers from Worldbridge.

You will not find this in legislation. I believe it is an outcome of case law of the European Court of Justice (the Metock case maybe).

Give it try as vinny suggested.