Adverse immigration history

[a.s.b.o]

Hi guys, I have a question relating to the adverse immigration history of one of the applicant for EEA FP residence permit.

One of the non-EEA family members has been a failed asylum seeker and an overstayer in the past. The case was appealed at the Immigration tribunal and despite finding the witness credible, the case was dismissed. The person overstayed and has subsequently left the UK.

At the moment I am constructing a cover letter for the application and wander whether this must/should be disclosed. I found the following on the UKBA site

" Although an adverse immigration history is likely to weigh against issuing a residence card, an application should not be refused simply because the applicant has an adverse immigration history. Each case should be examined on its merits, taking into account all the facts and circumstances including the extent and nature of the abuse and/or fraud. Deliberate deception (e.g. obtaining leave by deception or making a false representation) will weigh more heavily against issuing a residence card than, say, remaining beyond the duration of a previous grant of leave".

I will be indebted for an advice.

[a.s.b.o]

A further question, if you may.

UKBA state the following

It is important not to test overall intentions in assessing applications for an EEA family permit

(EUN2.4 What are the requirements for issuing an EEA family permit)

http://www.ukba.homeoffice.gov.uk/polic ... 2/#header2

Can you please advise what this entails?

Thank you

[anp]

I know 2 people (friends of friends) that were in a similar situation, but managed to get their RC. Failed assylum, driving offences, etc.

It all depends how well you present your case.

[a.s.b.o]

I know 2 people (friends of friends) that were in a similar situation, but managed to get their RC. Failed assylum, driving offences, etc.

It all depends how well you present your case.

thank you ANP. The relative HAS LEFT the country and hence, the entry clearance is the bigger issue at this point than RC. That is my understanding of the situation?!

[anp]

They also had to leave. That is not a huge problem. The guaranteed refusals come when involved in terrorism, genocide, fraud, criminal activities, etc. Otherwise, there is always a chance. Make sure you "over-satisfy" the requirements.

[Directive/2004/38/EC]

a.s.b.o,

Your user ID is awful! Oh well.

What is the relationship between the EEA FP applicant and the EU citizen?

[a.s.b.o]

a.s.b.o,

Your user ID is awful! Oh well.

What is the relationship between the EEA FP applicant and the EU citizen?

Hi Directive

I see no issues with my ID, in fact I might even go for "keep calm and get an a.s.b.o"))))

On the more serious note, the application is on behalf of my mother (who is the applicant), her husband (obviously, by being a spouse) and my grandfather (dependent on her health, accomodation and financial basis).

We are currently trying to solve a bit of an issue - my grandfather cannot travel at the moment due to the course of treatment; however, we want to apply for the EC at the same time for all three applicants. I am aware of the 6 months window to enter the UK.

[Directive/2004/38/EC]

On the more serious note, the application is on behalf of my mother (who is the applicant), her husband (obviously, by being a spouse) and my grandfather (dependent on her health, accomodation and financial basis).

So who is the Eu citizen residing in the UK? Who is the failed asylum seeker?

I assume the grandfather is the OFM.

[a.s.b.o]

On the more serious note, the application is on behalf of my mother (who is the applicant), her husband (obviously, by being a spouse) and my grandfather (dependent on her health, accomodation and financial basis).

So who is the Eu citizen residing in the UK? Who is the failed asylum seeker?

I assume the grandfather is the OFM.

Hi Directive, thanks. I am the EU national, residing in the UK; my parents (one of them is a failed asylum seeker) are dependent on me; the grandfather is a dependent family member. Hence, we apply (my mother - being the main applicant) and her husband and her father (my grandfather) are her family members.

[Directive/2004/38/EC]

On the more serious note, the application is on behalf of my mother (who is the applicant), her husband (obviously, by being a spouse) and my grandfather (dependent on her health, accomodation and financial basis).

So who is the Eu citizen residing in the UK? Who is the failed asylum seeker?

I assume the grandfather is the OFM.

Hi Directive, thanks. I am the EU national, residing in the UK; my parents (one of them is a failed asylum seeker) are dependent on me; the grandfather is a dependent family member. Hence, we apply (my mother - being the main applicant) and her husband and her father (my grandfather) are her family members.

If you are the only one presently resident in the UK, then each of the three will have a separate application for an EEA FP. There is not really the concept of a main applicant

[a.s.b.o]

On the more serious note, the application is on behalf of my mother (who is the applicant), her husband (obviously, by being a spouse) and my grandfather (dependent on her health, accomodation and financial basis).

So who is the Eu citizen residing in the UK? Who is the failed asylum seeker?

I assume the grandfather is the OFM.

Hi Directive, thanks. I am the EU national, residing in the UK; my parents (one of them is a failed asylum seeker) are dependent on me; the grandfather is a dependent family member. Hence, we apply (my mother - being the main applicant) and her husband and her father (my grandfather) are her family members.

If you are the only one presently resident in the UK, then each of the three will have a separate application for an EEA FP. There is not really the concept of a main applicant

interesting...but?!
ok,my mother applies by being the direct relative, who is financially dependent on me. Then a contagenon effect will have to kick in - her father will argue that he is dependent on her, thus, dependent on me and her husband will argue that he is her husband, also dependent on me, but primarily, follows his wife?!