EEA Appeal Help on how the situation goes

[joshuaaubin]

Will be glad if advice are giving here on how eea appeal goes here in uk, I have been refused eea residence card on the basic that I did not give enough evidence of my wife exercising treaty right as permanently disabled, which I did give them everything they need, my wife company wrote them letter that she has work more than 5yrs with them, and the Doctor wrote letter that she is incapacitated and it is permanent and I think because I one time claim asylum which I later withdrawn they are trying to say my marriage was one of inconvenience and we have been living together for more than 2yrs and married for 1yr and all the time of my asylum claim was at our address which we still live today.
Now I have appeal the case with the Tribunal through a solicitor, my solicitor said they were just arrogant that I gave them all they needed and that he think they don’t want to give me a Permanent residence which I am entitle to as been married to eea that is permanently incapacitated. But I said to him I don’t care for a permanent residence but any residence will do.
So please with experience here, how long does it take for appeal and what is the process of this appeal from the start to the end. I am just in limbo here, they said I should leave the country or I can apply again if I don’t want to appeal but I have already appeal, am just confused about their letter, telling me to leave the country and telling I can reapply with necessary document.

[86ti]

Your post is somehwhat confusing. It may help to read this piece of advice esp. regarding the title.

You obviously mention two possible reasons for refusal: a) the incapacity of your wife is not accepted as entitlement to a claim to permanent residence, b) the UKBA insinuates (you say 'trying to say') a marriage of convenience. So what does the refusal letter actually say?

[joshuaaubin]

Thank you for your reply to my post. The refusal was just as simple as this. They said the documents i provided can not show my wife is living in the country 2yrs before she become incapacitated. I gave them a doctors letter, letter from the company she has work for 10yrs, HM revenue showing 25yrs of contribution, landlord agreement, and many others.
And in the last page of the refusal they just say bcus i have claim asylum before they sujest my marriage is one of convinience. They cannot prove that which i know. Just want to know the process of appeal and what backup i will need, my solicitor said they will get back to us in 3 to 4 weeks but i dont know the process of appeal.
I only apply for residence card but solicitor say if it was now i aply with the new aplication form i am entitle to a permanent residence bcud with the new form i will not use eea2 but eea4 for permanently incapacitated.

[86ti]

From what you say you could indeed qualify for PR. Others may know more about the appeals process. In fact, we have some posts here. Have you had a look already?

[joshuaaubin]

From what you say you could indeed qualify for PR. Others may know more about the appeals process. In fact, we have some posts here. Have you had a look already?

Thank you very much, am just new here and a friend told me this forum is the best to get advice and support on how to carry on your case, i will really appreciate from anyone here that have this experience on appeal with eea can help with advice, i know i have all support evidence on my case. Right now any residence will do. But they said i am qualify for a permanent residence which iam not much care about. I just want to know with experience how appeal are handle and how and which document i need to make my case stronger, i know home office are just been unprofessional in this just because i have claim asylum before which i withdraw as it make no meaning when i already married to an eea.

[Obie]

Joshua, if your wife secured permanent resident before she became permanently incapacitated, then she cannot be considered as someone who ceased activity as a result of being incapicitated, as she would have secured PR, prior to that incapacity. You will then have to wait for 5 years to secure your PR.

Had it been that she secured PR as a result of being permanently incapacitated, then as a family member of someone who cease activity as a result of incapicitation, you will secure PR immediately.

All of this require proof to show you meet these requirements.

See MAH (dual nationality – permanent residence) Canada [2010] UKUT 445 (IAC)

[joshuaaubin]

Joshua, if your wife secured permanent resident before she became permanently incapacitated, then she cannot be considered as someone who ceased activity as a result of being incapicitated, as she would have secured PR, prior to that incapacity. You will then have to wait for 5 years to secure your PR.

Had it been that she secured PR as a result of being permanently incapacitated, then as a family member of someone who cease activity as a result of incapicitation, you will secure PR immediately.

All of this require proof to show you meet these requirements.

See MAH (dual nationality – permanent residence) Canada [2010] UKUT 445 (IAC)

I have read the case you send to me, but to me, we are not applying for permanent residence, we only apply for Residence Card.

Please how long does an Appeal Take, will it be taking longer years before this end, like the case you posted to me, they are similar to my case but the difference is that i only apply for a residence card not permanent residence and my spouse stop working due to injury and Incapacitated to work.

Has we are only applying for residence card and we are not seperated but still living together as a married couple. will the appeal case take longer time? and with my situation is there any guarantee for the appeal to be allowed?

[joshuaaubin]

Please can a Moderator start start a STICKY Topic for EEA2 and EEA4 Appeal for those that has to go through Appeal stage before getting the residence card. Not all people will be getting in right away and those on appeal can discuss and talk how to go on about it which i beleive this topic will really help. The only one i find here was for EEA Permit.
I still need help with talk here on my situation.