appeal process/fiance visa

[soloblue]

Hello

My fiance was refused a VISA on the basis that I (EU citizen) did not submit a registration certificate to be in UK.
I went to a laywer and they lodged an appeal on our behalf stating that I did not need a certificate and that we had submitted the form in high standard and I had provided all the required proofs for settlement and residency here.

Now the UKBA has responded that they have received the appeal and they will get back to us in June.


My question is: is it possible for me to handle the appeal without a laywer, considering that I appealed based on submitting documents (I should receive my registration certificate on 14th May)?
Or do I need to continue with the laywer, who is talking about going in front of the judge? Will a judge be involved anyway, even if it is only a matter of reviewing the documents?

Thank you very much
Emanuela

[Lucapooka]

It's not mandatory to have legal assistance for an appeal.

I went to a laywer and they lodged an appeal on our behalf stating that I did not need a certificate

That's not what the rules say. Being outside the scope of EU law, this application falls specifically under the UK immigration rules which do indeed stipulate that you have an RC for this particular category, so perhaps an appeal is not the best approach. A RC that is going to be issued in May did not exist at the time of the refusal decision and does not have to be considered by the judge on that basis. What does your lawyer think about this?

290A. For the purposes of paragraph 290 and paragraphs 291 - 295, an EEA national who holds a registration certificate or a document certifying permanent residence issued under the 2006 EEA Regulations (including an EEA national who holds a residence permit issued under the Immigration (European Economic Area) Regulations 2000 which is treated as if it were such a certificate or document by virtue of Schedule 4 to the 2006 EEA Regulations) is to be regarded as present and settled in the United Kingdom.

It does not seem to suggest that alternatives to an RC are also considered.

[vinny]

You could argue that residence certificates or documents certifying EEA nationals' permanent rights of residence are non-mandatory under the EEA regulations. Therefore, requiring them under 290A is discriminatory and unlawful.

[Lucapooka]

Is this an application under UK rules (290), or one under EU rules that asks for certain requirements similar to 290. That seems to be the crux of the matter. I ask this because the English test for fiancees does not seem to be required; or is it?

[soloblue]

The laywer confirmed i did not have to have one and in actual fact (unless I do not follow the various UKBA links properly) the UKBA webpage itself is stating that to sponson an application, a EU member is not required to have a registration certificate as long as....and I provided the documents required (such as salary statements, proof of employment -which are by the way what required to submit to have a registration certificate).
The laywer prepared the appeal paper based on this.

However I am not very happy with this laywer and I was wondering whether I can save the next 650 pounds by going myself to submit the documents (as I have appealed based on document submissions). I will take with me more evidence of the relation (i visited my partner in MArch) and of the fact that I am resident in UK (I have residence cetificate emmited by the Italian Consulate) etc etc.
I think I can argue my case.
I beleive the paragraph you copied from the law does not use the word MUST have..and there are other paragraphs which can be read to say that it is not required. this is basically what the laywer argued.
How can I find out where the court is located in London to go an sit at a court case similar to mine?
thank you very much.

PS: About the IETLS exam, it is indeed required.