Uergen please! EEA refused. Reconsideration. Section 3C all.

[panpan]

1. My EEA dependency application was refused Novemer 2007 on the grounds that requested further documents were not supplied within the time frame requested.

HOWEVER, in the refusal letter, the Home Office offered to reconsider the application if the requested documents were submitted.

2. I provided the documents and submitted the application again.

3. Before this second application was decided, I made a fresh application to vary the grounds of that application, in effect, I withdrew it and at the same time replaced it with a new application to extend the leave I had before making the first application, which was made in time.

4. My application to vary the grounds of the second application was refused in January 2010 because 'I had no leave to remain'.

5. My second application, already withdrawn a year ago, however was refused in February 2010 because 'I did not provide evidence of financial dependency on my EEA sponsor'.

My questions:
(1) When the Home Office offered to reconsider my first application if I provided the requested documents, what sort of leave did I have? It does not seem to fall within sections 3C and 3D.

(2) Does the fact that the Home Office recognised my second application and actually made a decision on it, amount to recognition that I had leave to remain of some sort while my application was being reconsidered? If so, could that leave allow me to vary the grounds of such an application being reconsidered? Is the leave under 3C, 3D or something else?

(3) Was it consistent that I'd be refused on the grounds of having no leave to remain and subsequently suffer another refusal on the grounds of something else?

Please help, I am appealing the refusal of my application to vary the grounds of my second application.

[John]

panpan, more information please. In what way is your EEA spouse exercising their Treaty Rights in the UK?

Or am I misunderstanding your situation? What relationship is the EEA person to yourself? How are you dependent on them?

[panpan]

panpan, more information please. In what way is your EEA spouse exercising their Treaty Rights in the UK?

Or am I misunderstanding your situation? What relationship is the EEA person to yourself? How are you dependent on them?

I'm afraid I have not made myself clear enough. In July 2007, whilst on student visa, I made a legitimate and in-time application as a dependant of an EEA national working in the UK. In November 2008, I got this application refused (with no appeal) because I did not submit on time certain documents the Home Office later requested. But the Home Office offered to reconsider the application if I submitted those further documents. In Novemer 2008, I submitted those documents in a second (same) EEA application as advised by the Home Office.

In April 2009, as this second application was pending a decision, I withdrew it and at the same time made a fresh application for leave to remain as a student ( my studies continued full-time throughout up to now). The reason for the withdrawal was that I had then ceased to be dependent on the EEA national.

In January 2010, the Home Office refused my application for leave to remain as a student, because "you had no leave to remain [at the time you made the student visa application]".

In February 2010, I received another letter from the Home Office refusing the second EEA application I sumitted in November 2008, because "you have failed to provide evidence of financial dependency on your EEA national" This was the EEA application I withdrew and replaced with my student visa application in April 2009.

I have an appeal coming up, challenging the refusal of my student visa application. I'm making the case that I had leave to remain in April 2009 when I made the student visa application, as I had an EEA application pending a decision and could vary it under section 3C - though I'm aware an initial decision had been made by the Home Office in November 2008, but I think their offer to reconsider my application amounted to an extension of section 3C leave.

I would like to know if I have a leg to stand on with my approach. Thanks.

[Ben]

panpan, in what way are you related to the EEA national?

[Wanderer]

I think withdrawing your application effectively withdrew your section 3c cover.

[panpan]

panpan, in what way are you related to the EEA national?

The EEA national was my spouse. We are no longer married.

[Ben]

The EEA national was my spouse. We are no longer married.

Ok, would you be able to give a timeline of dates?

[panpan]

I think withdrawing your application effectively withdrew your section 3c cover.

Wanderer

I withdrew it in a letter included in the student visa application which was to vary the grounds of EEA application. If I did have a 3C leave with the reconsideration of the EEA application, then I think I have a good case.

My worry is that the UKBA could argue that I had no 3C leave whilst my EEA application was being reconsidered. They might say a reconsideration of an application falls outside the law or is under the discretion of the Secretary of State. This will kill any section 3C leave hope I have.

So I want clarification o the sort of leave I had whilst my EEA application was being reconsidered. Thanks

[panpan]

The EEA national was my spouse. We are no longer married.

Ok, would you be able to give a timeline of dates?

Ben

July 2007: EEA application made. I alread had an unexpired student visa when I made this EEA application

January 2008: Student visa expired with passport in Home Office

November 2008 EEA application refused. Home Office would reconsider if further documents submitted

November 2008 Further documents submitted with a new EEA application form as advised by the Home Office.

April 2009: Student visa application made AND EEA application withdrawn

January 2010: Student visa refused because of no leave to remain

Feruary 2010: EEA application refused because of not proving financial dependency.


Question:
What sort of leave did I have when my EEA application was being reconsidered by the Home Office? Thanks.

[Ben]

panpan, please include:

• When you married your ex-spouse.
• Whether your ex-spouse was working at the time of, and since, your marriage.
• When you obtained the decree absolute.

[John]

Also :-

• when was the Divorce Petition filed in Court?

[Brown212]

The EEA national was my spouse. We are no longer married.

Ok, would you be able to give a timeline of dates?

Ben

July 2007: EEA application made. I alread had an unexpired student visa when I made this EEA application

January 2008: Student visa expired with passport in Home Office

November 2008 EEA application refused. Home Office would reconsider if further documents submitted

November 2008 Further documents submitted with a new EEA application form as advised by the Home Office.

April 2009: Student visa application made AND EEA application withdrawn

January 2010: Student visa refused because of no leave to remain

Feruary 2010: EEA application refused because of not proving financial dependency.


Question:
What sort of leave did I have when my EEA application was being reconsidered by the Home Office? Thanks.

The eea2 application you made was a DEPENDANT APPLICATION OR AS UNMARRIED PARTNER.
If its the later you dont need do have a valid stay before the residence card is approved all you need to submit is evidence of financial dependency but if you've made the application as an unmarried partner then you need to have a valid visa.