Settle status refused.

[sosa7]

came on EEA family permit April 2015 .Got my RC 2016 to expiry 2021.pls when can i
apply for settle status

[kamoe]

April 2020, 5 years after arriving with your first EEA-issued FP.

[sosa7]

Thanks matey for the prompt response .

[sosa7]

After proper consultation and advice I got here that I can apply for a settle status. But I just got refused and I was given a pre settle setuts on the ground I have to wait till the expiration of my RC even though I came into the UK with a family permit in 2015.That my continuous qualifying period began when my RC was issued in 2016.Please can any one help.

[Obie]

Well you have a right of appeal and must exercise it.

[sosa7]

Thanks for your always prompt response obie.please can you advise how I can backup my appeal any references will be so much appreciated. I await any further help.Thanks

[vinny]

Are you unmarried?

[sosa7]

Yea I'm an unmarried partner ,came in with family permit April 2015

[vinny]

They may be right.

[sosa7]

I submitted before the expiration date besides I just spoke with home.office and I was made to understand the UK didn't recognize my relationship till I was issued a RC ,that's laughable, then I replied by saying why was I issued a Family permit in 2015 if they didn't find me eligible they where convinced am a family member that's why the FM was granted in the first place so saying my relationship became recognised after my Resident card was issued that don't sit right.So he just asked me to go for an appeal if I think the decision is unfair.

[vinny]

Please click on the link in my previous post for an Upper Tribunal’s analysis.

[vinny]

A problem may be that your EEA family permit had expired prior to the issue of the Residence Card. 7(3)(b) had lapsed.

[sosa7]

Thanks so far funny. I reviewed the links but am getting mix options if to appeal or stick to the decision.

[vinny]

Obie’s an expert. He may have more comments, in the light of your circumstances.

[sosa7]

Thanks so fAr.please obie am waiting to read from your end.Thanks

[Obie]

They may be right.

Vinny i do not follow?

It will appear this person arrived with an EEA family Permit and applied for a Residence Card during the currency of the EEA family permit.

Relevant Documents in the rule appears to include EEA family permit also. In the case you cited, i do not think the individual in question had an EEA family permit at the time of their Residence card application.

If what this person is saying is correct, it appears he became entitled in April 2020.

I stand to be corrected, but it seems to me that this case can be assimilated with that of Ewulo.

[sosa7]

Thanks obie for your response ,I came to the UK on a family permit 2015 I applied for a residence card before the expiration of my FP and it was granted single application it was never denied.

[Obie]

Well the caselaw does not specifically deal with your issue, but a cogent argument can be constructed based on it and the implications of regulation 7(3).

[vinny]

Thanks Obie. I was concerned about 7(3)(b) lapsing and Section 3C not applying.

However, agree

In my opinion,such situation is beyond any degree of absurdity.

The lapse was due to the Home Office’s delay and the applicant shouldn’t be penalized for that.

[Obie]

Thanks Obie. I was concerned about 7(3)(b) lapsing and Section 3C not applying.

However, agree

In my opinion,such situation is beyond any degree of absurdity.

The lapse was due to the Home Office’s delay and the applicant shouldn’t be penalized for that.

Absent any authority, I would most certainly have shared your concern, that on a plain reading of regulation 7(3), it would seem that once the EEA family permit expires, irrespective of whatever stage an applicant or an appellant is at, the protection of regulation 7(3) ceases. However Ewulo appear to clarify that this is not the case.

Applying it in the context of the settlement scheme will be important.

This case is an important one, which is likely to affect a lot of extended family member, and therefore one will hope we will get a reported decision on it very soon.

[vinny]

Thanks for your always prompt response obie.please can you advise how I can backup my appeal any references will be so much appreciated. I await any further help.Thanks

Do appeal. There are now plenty of references that may be used against the obstacles in this topic. Also include evidence of EEA national exercising treaty rights throughout the relevant period.

Please share the results.

[sosa7]

Thanks obie/vinny.So should I make an administrative review which I understand cost £80 or any office I can email.Please I appreciate any guidance or map,it's my first time been on this road.Thanks guys

[Obie]

I will go for the appeal probably, as I cannot see them reasoning with the law. The admin review in my view is a waste of time.

[sosa7]

Thanks to you obie how do I proceed with the appeal?,please

[vinny]

Appeal.