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Tribunal preparation advice

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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lola2248
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Posts: 5
Joined: Tue Jun 03, 2014 12:02 pm

Tribunal preparation advice

Post by lola2248 » Mon Jun 09, 2014 9:13 pm

Hello

So the tribunal date has been set for October. Solicitor has asked for character references, P60s etc... and has now gone quiet. Feel am sitting and waiting around. So is there anything else can do to prepare for the case. Any other places to get advice from ...?
Thanks

Obie
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Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Tribunal preparation advice

Post by Obie » Mon Jun 09, 2014 10:01 pm

What is the case that you are preparing for?

On which basis was permission granted?
Smooth seas do not make skilful sailors

lola2248
Newly Registered
Posts: 5
Joined: Tue Jun 03, 2014 12:02 pm

Re: Tribunal preparation advice

Post by lola2248 » Wed Jun 11, 2014 2:05 pm

What is the case that you are preparing for?

On which basis was permission granted?

Sorry, should've given more details. My BF applied for EEA4 based on his marriage to his ex wife. He was given the right to appeal, but don't know of the grounds.

The issue is that they had an Islamic Marriage, which was subsequently registered in Poland, Egypt and the UK, in the courts. His previous visa was granted on the grounds of this Marriage, but I don't know what visa that was.

This new visa application was based on a recommendation by his solicitor. He said that there would be no issues, so were shocked when the Home Office refused based on the fact they don't recognise the Islamic Marriage. Now I understand there is no legal recognition of Sharia Marriages. But it was registered in the courts, stamped and everything, and in Poland and Egypt.

The main grounds for appeal that the solicitor is going for is that he was given a visa before, based on the marriage. So why reject this one. My fear is that because it is a different type of Visa, the requirements are different.

Sorry, I know very little about immigration issues, and learning as I go. We are going to see his solicitor in a few weeks. I want to make sure that we are doing all we can before the tribunal. Are there any questions I should clarify with the solicitor?

Thanks in advance for any help :)

el patron
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Posts: 335
Joined: Fri Aug 10, 2012 3:06 pm
Location: Northern Ireland

Re: Tribunal preparation advice

Post by el patron » Thu Jun 12, 2014 4:03 pm

If he had previously been granted a Residence Document following an EEA2 application, that may have been because they accepted he was in a durable partnership akin to a marriage, however if the partnership ends (as it appears it has) his derived EEA rights evaporate, hopefully for him that is not the Home Office reasoning.


A further thought comes to mind, if he is indeed still lawfully married (as you appear to suggest) he could institute divorce proceedings and make an application for retained rights of residence upon divorce.

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