Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.
Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix
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hyfa
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by hyfa » Sun May 20, 2012 8:35 pm
Thanks for reply.you are correct .that's the situation.so please tell me is it possible by Ukba to remove her under Eea rules from uk now?please kind advice.Thanks in advance
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EUsmileWEallsmile
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by EUsmileWEallsmile » Sun May 20, 2012 8:42 pm
Part 1
Your mother has already been accepted as your family member (she has got a residence card). A parent needs to be dependent, but you must have established that.
You have PR (you are no longer required to exercise treaty rights).
A family member of an EU citizen holding PR is automatically entitled to be in the UK. Her passport should not be retained, not should she be threatened with deportation.
At the very least she should be offered a new residence card.
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EUsmileWEallsmile
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by EUsmileWEallsmile » Sun May 20, 2012 9:04 pm
Part 2
In order for her to demonstrate that she is entitled to a PR card, she needs to provide evidence that she lived with you in the UK for five years.
There is no fixed way of doing this. I would pick the easiest, five years' bank statements perhaps, but there are others.
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EUsmileWEallsmile
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by EUsmileWEallsmile » Sun May 20, 2012 9:12 pm
I would object most strongly to the tone of the letters sent to you and request priority.
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EUsmileWEallsmile
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by EUsmileWEallsmile » Sun May 20, 2012 9:13 pm
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hyfa
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by hyfa » Sun May 20, 2012 11:07 pm
Thanks for kind reply .if my local mp right a letter to the Ho it might help or not?or can I complaine to the ECJ DIRECTLY?please kind advice. Thanks
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EUsmileWEallsmile
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by EUsmileWEallsmile » Mon May 21, 2012 8:28 pm
hyfa wrote:...I complaine to the ECJ DIRECTLY...
No to this bit.
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EUsmileWEallsmile
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by EUsmileWEallsmile » Mon May 21, 2012 8:30 pm
hyfa wrote:...if my local mp right a letter to the Ho it might help...
It certainly might help, but you'll need to be able to explain to them.
Try the UKBA's complaints procedure first.
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hyfa
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by hyfa » Tue May 22, 2012 7:07 pm
Thanks for reply again and again.i rang this morning to the Ho to know about my mother passport but I am surprised when operator said that my mother passport to the local immigration authority for removal action.so I am really not why Ukba not following eea rules .I am really for my mum right to stay in uk.please kind advice and also I am requesting to all member of this and eea/eu citizen in uk to unite complaine to the appropriate EU authority against the Ukba to protect eea/eu right in the uk.
Thanks in advance
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Jambo
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by Jambo » Tue May 22, 2012 8:33 pm
hyfa wrote:Thanks for reply again and again.i rang this morning to the Ho to know about my mother passport but I am surprised when operator said that my mother passport to the local immigration authority for removal action.so I am really not why Ukba not following eea rules .I am really for my mum right to stay in uk.please kind advice and also I am requesting to all member of this and eea/eu citizen in uk to unite complaine to the appropriate EU authority against the Ukba to protect eea/eu right in the uk.
Thanks in advance
* Call the local immigration authority and let them know you are appealing / making a new application. They should not act before getting further instructions from the HO.
* Write a strong cover letter and reapply.
* Complain.
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EUsmileWEallsmile
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by EUsmileWEallsmile » Tue May 22, 2012 9:14 pm
Agree with Jambo. It would appear that failed EEA4 applications automatically going down this route. Others have posted similar experiences here (I gave you the link to one of them already).
Complain, complain, complain and complain...and ask for compensation for serious mishandling of case. The recognised family member of an EU national with PR cannot be deported save for very serious grounds (public policy, etc and that's not at issue here).
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hyfa
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by hyfa » Tue May 22, 2012 9:49 pm
Thanks .I first complained on the last week.ukba sent acknowledgement to my email by auto reply and stated on auto reply that they will write me within 20 working days.i also sent another 2email with more information to the same email address but I did not receive any confirmation from Ukba.so how can I make complain again and again?thanks
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EUsmileWEallsmile
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by EUsmileWEallsmile » Tue May 22, 2012 10:08 pm
hyfa wrote:Thanks .I first complained on the last week.ukba sent acknowledgement to my email by auto reply and stated on auto reply that they will write me within 20 working days.i also sent another 2email with more information to the same email address but I did not receive any confirmation from Ukba.so how can I make complain again and again?thanks
What I meant is keep at them. Keep phoning, keep complaining.
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hyfa
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by hyfa » Wed May 23, 2012 3:45 am
Thanks again.i did appeal against the refusal.reason for refusal was Ho received just 2 years bills instead of 5years but actually we sent all 5 years bills.Ho returned all documents except passport and also 5years bills which sent with the application.so is it possible appeal and reapply together?if so how can i reapply now ?please please kind advice.because refusal letter already threatend for removal .passport held by the local immigration authority. And also i am keep complaining . I am waiting for your kind advice
Thanks in advance
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Jambo
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by Jambo » Wed May 23, 2012 6:14 am
hyfa wrote:so is it possible appeal and reapply together?if so how can i reapply now ?
Just write a cover letter explaining why you believe they made a mistake, refer to the previous application if you have a case reference and explain that they already hold the passport. Fill in another form, add the evidence and send it.
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hyfa
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by hyfa » Wed May 23, 2012 9:19 am
Thanks . My final question is when I will reapply then just include all 5 years bills and cover letter and my passport,permanent card with the application because bills was the reason for refusal .Or all documents which was sent before?please correction me.i am waiting for kind reply.
Thanks
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toni34
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by toni34 » Wed May 23, 2012 9:30 am
It is normal to retain a passport of an applicant when an application is refused,but don't worry they wont deport your mum,just reapply and put a comprehensive and exhaustive proof of your stay and work in the uk for the past 5 years and the worst that can happen they will re-issue the eea2 again.
Cheers
NON EU national with RC
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Jambo
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by Jambo » Wed May 23, 2012 10:46 am
hyfa wrote:Or all documents which was sent before?
What do you mean by "all document sent before"? The list you wrote is all that is needed. What else did you send?
You will need to send:
- Your passport/ID card
- Your blue PR card
- Your birth certificate (to show she is your mother).
- Proof of residence for your mother (5 years bills/bank statements under her name).
That's all.
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hyfa
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by hyfa » Wed May 23, 2012 12:31 pm
Many thanks mate .i requested to the utility to send me my previous years bills copy again and every every three months separately.reason is that I lost my previous years and before application I did request to the utility to send me copy of the bills of my previous years but they sent few years and few years bills in 2 paper with covering letter and my mother did apply before refused .because I lost my previous years bile.now I am reapplying .so which bills I need to send with the new application?old or new?please kind advice
Thanks
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Jambo
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by Jambo » Wed May 23, 2012 2:13 pm
hyfa wrote: .so which bills I need to send with the new application?old or new?
It doesn't really matter as long as they have your mother name on them and they cover the 5 years (every few months is OK. Doesn't need to cover every day).
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hyfa
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by hyfa » Thu May 24, 2012 8:49 pm
I sent a new application according to your your kind advice and also I did appeal before.so is it correct decession?please kind advice.
Thanks
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EUsmileWEallsmile
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by EUsmileWEallsmile » Thu May 24, 2012 8:53 pm
Hopefully it will work out for you. Remember, your mother cannot be her illegally as the recognised dependent parent of an EU national with PR.
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hyfa
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by hyfa » Sat May 26, 2012 2:45 pm
Thanks.now my question is if euro zone broke then what's the possibility about the stay of all eea national and their non eea family members in uk?
Thanks in advance
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Guerro
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by Guerro » Sun May 27, 2012 11:09 am
hyfa wrote:Thanks.now my question is if euro zone broke then what's the possibility about the stay of all eea national and their non eea family members in uk?
Thanks in advance
LoL, they will be all held in detention and deported straight away
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spike_UK
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by spike_UK » Sun May 27, 2012 11:26 am
Guerro wrote:hyfa wrote:Thanks.now my question is if euro zone broke then what's the possibility about the stay of all eea national and their non eea family members in uk?
Thanks in advance
LoL, they will be all held in detention and deported straight away
I like that,,,,,LoL, they will be all held in detention and deported straight away
Applied for EEA4 on 24/02/2012.
HO received on 27/02/2012.
Refusal received on 16/08/2012 dated 11/08/2012
At the court, the HO REP withdrawn the decision and asked me to send the DOC for the time before marriage.
PR dated 05/03/2013