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EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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million111
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Post by million111 » Fri Dec 06, 2013 8:38 pm

I have paper appeal pending and the date for last submission of extra document was stated 27/12/13. They acknowledged I want a paper appeal and no representative.

I received a letter from HO which includes all copies of documents submitted during the application. But in their letter they stated I will be contacted by the IAC regarding the date,time and place of any oral hearing.

My question is does it mean is going to be Oral hearing?

Do HO normally send copies of refused application and a letter to appellant before appeal hearing date?

OlaDPounds
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Post by OlaDPounds » Fri Dec 06, 2013 10:02 pm

million111 wrote:I have paper appeal pending and the date for last submission of extra document was stated 27/12/13. They acknowledged I want a paper appeal and no representative.

I received a letter from HO which includes all copies of documents submitted during the application. But in their letter they stated I will be contacted by the IAC regarding the date,time and place of any oral hearing.

My question is does it mean is going to be Oral hearing?

Do HO normally send copies of refused application and a letter to appellant before appeal hearing date?
@million111 that is normal. That is the bundle copy the HO will be sending to the IAC against your appeal so it doesn't mean you are going for oral and only the IAC can be the one to change case from paper to oral and that can only happen where the case is either not straightforward or the Judge thought it will be good to hear from you orally but as for the HO letter it is just a format of copy and paste they print for every appellant.
Life is a race so run it well

million111
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Post by million111 » Fri Dec 06, 2013 10:25 pm

@OlaDPounds Thanks for your reply. I understand now

OlaDPounds
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Post by OlaDPounds » Fri Dec 06, 2013 10:47 pm

million111 wrote:@OlaDPounds Thanks for your reply. I understand now
You're welcome.
Life is a race so run it well

million111
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Post by million111 » Fri Dec 06, 2013 11:56 pm

If I may ask, do I expect letter from IAC after the one they send stating the last time to submit supporting documents?

OlaDPounds
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Post by OlaDPounds » Sat Dec 07, 2013 12:06 am

million111 wrote:If I may ask, do I expect letter from IAC after the one they send stating the last time to submit supporting documents?
No I don't think so as you have gone for a paper hearing so all you should expect is determination.
Life is a race so run it well

million111
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Post by million111 » Sat Dec 07, 2013 12:21 am

Thanks. Do you know how long it takes to get determination after the date they gave to submit doc

anj03
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Post by anj03 » Sat Dec 07, 2013 8:14 am

THANKS again for your kind reply OLAPOUNDS IN MY reply I not say im going for all three I want to know if I go for appeal and reconditional request and if they refuse my reconditional request can I make new application while my case in court and can any budy help me how I can write reconditional letter pls

OlaDPounds
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Post by OlaDPounds » Sat Dec 07, 2013 10:32 am

million111 wrote:Thanks. Do you know how long it takes to get determination after the date they gave to submit doc
Time for determination for paper hearing varies and can actually take a month or more according to experience some members on this forum faced but just keep your fingers crossed with positivity and stay focus with other activities you have.
Life is a race so run it well

OlaDPounds
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Post by OlaDPounds » Sat Dec 07, 2013 10:37 am

anj03 wrote:THANKS again for your kind reply OLAPOUNDS IN MY reply I not say im going for all three I want to know if I go for appeal and reconditional request and if they refuse my reconditional request can I make new application while my case in court and can any budy help me how I can write reconditional letter pls
You can request for reconsideration and send you appeal before deadline date so which one will you be going for? Paper hearing or oral hearing? and to get information on how to write a reconsideration letter you might need to go through series of post from members of this forum under the EEa2 appeal time line an I think much happened between January to August 2013 which will shed more light to your question.

As per my own knowledge it's basically to say you think the home office fail to see certain things in your submitted documents and you shall be requesting for a reconsideration but be polite and add more documents to support your case
Life is a race so run it well

anj03
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Post by anj03 » Sat Dec 07, 2013 11:30 am

thanks for reply OLAPOUNDS again for ur good reply im thinking im going for oral appeal bcoz I spoke with one lawyer yesterday and he told me after seen my refusal home office never ask me further documents from my partner side regarding study in uk in October when they write me regarding CSI and if I show after july when her one cource is finish she anrol for new course in same collage and still she going to collage from july to till now and he told me might be home office widraw the case if I go for oral hearing in court and he told me do recondrational request as well and send them her continue study paper bcoz HO refuse my bcoz they say my partner not douing study after july so im traying to send them request for reconditioning so they know they r did wrong in my case and if u sugest something better for me then your most welcome .

OlaDPounds
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Post by OlaDPounds » Sat Dec 07, 2013 12:12 pm

anj03 wrote:thanks for reply OLAPOUNDS again for ur good reply im thinking im going for oral appeal bcoz I spoke with one lawyer yesterday and he told me after seen my refusal home office never ask me further documents from my partner side regarding study in uk in October when they write me regarding CSI and if I show after july when her one cource is finish she anrol for new course in same collage and still she going to collage from july to till now and he told me might be home office widraw the case if I go for oral hearing in court and he told me do recondrational request as well and send them her continue study paper bcoz HO refuse my bcoz they say my partner not douing study after july so im traying to send them request for reconditioning so they know they r did wrong in my case and if u sugest something better for me then your most welcome .
Anj you have had it all so load your arsenal and fight back. Send the request on Monday and also send your appeal in. With God in our side we shall get there this are just the rough roads.
Life is a race so run it well

anj03
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Post by anj03 » Sat Dec 07, 2013 12:49 pm

thanks again OLAPOUNDS U HAVE ANY IDEA HOW CAN WRITE REQUEST FOR RECONDITIONAL PLZ

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Post by OlaDPounds » Sun Dec 08, 2013 9:46 pm

anj03 wrote:thanks again OLAPOUNDS U HAVE ANY IDEA HOW CAN WRITE REQUEST FOR RECONDITIONAL PLZ
Hi Anj sorry I have been offline since yesterday. Can you provide us on the forum exact word as paragraph on the refusal letter as HO wrote it word to word so we can know how to assist?
Life is a race so run it well

anj03
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Post by anj03 » Mon Dec 09, 2013 6:42 am

thanks OLAPOUNDS they say ( your sponsor has supplied wage slips from ..... employment service ltd dated from November 2009 to February 2011 which confirms that she was previously employed .an enrolment letter was also submitted on behalf of your spouse from business school which confirms that the educational course she was studying ended on 30 july 2013 and your sponsor is therefore no longer exercising a treaty right as a student.your spouse has also submitted a letter from job centre plus from august 2013 which shows that your spouse han been claiming jobseekers allowance since july 2013 .The Home office is therefore not satisfied that your sponsor exercising a treaty right ) so thell me what I do now plz

OlaDPounds
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Post by OlaDPounds » Mon Dec 09, 2013 7:20 am

anj03 wrote:thanks OLAPOUNDS they say ( your sponsor has supplied wage slips from ..... employment service ltd dated from November 2009 to February 2011 which confirms that she was previously employed .an enrolment letter was also submitted on behalf of your spouse from business school which confirms that the educational course she was studying ended on 30 july 2013 and your sponsor is therefore no longer exercising a treaty right as a student.your spouse has also submitted a letter from job centre plus from august 2013 which shows that your spouse han been claiming jobseekers allowance since july 2013 .The Home office is therefore not satisfied that your sponsor exercising a treaty right ) so thell me what I do now plz
Can you confirm the date on your sponsor course letter, the job seeker letter and your date of application as on the COA?
Life is a race so run it well

anj03
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Post by anj03 » Mon Dec 09, 2013 9:26 am

thanks olapounds the cource date of my partner is 2nd of feb 2013 and JS allowance date is 10of july 2013 and I make application on 18 of april 2013 if u need any information plz tell me ?

OlaDPounds
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Post by OlaDPounds » Mon Dec 09, 2013 12:19 pm

anj03 wrote:thanks olapounds the cource date of my partner is 2nd of feb 2013 and JS allowance date is 10of july 2013 and I make application on 18 of april 2013 if u need any information plz tell me ?
Course date is 2nd of February to when? You said she continued enrollig for another course? What is the nee course date and to when? What date was your application refused as on refusal letter?
Life is a race so run it well

anj03
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Post by anj03 » Mon Dec 09, 2013 2:09 pm

thanks ola pounds she have cource for 2nd of feb 2013 till 30 of july then after her new cource start again after one weak meand 5th of august till end of feburary 2014 bcoz her cource is funded cource so she have to complete one level then after she can go for another leval and my refusal latter date is 2nd of December 2013 so what u think about my case ?

OlaDPounds
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Post by OlaDPounds » Mon Dec 09, 2013 10:55 pm

anj03 wrote:thanks ola pounds she have cource for 2nd of feb 2013 till 30 of july then after her new cource start again after one weak meand 5th of august till end of feburary 2014 bcoz her cource is funded cource so she have to complete one level then after she can go for another leval and my refusal latter date is 2nd of December 2013 so what u think about my case ?
Hi see below for the letter I composed just go through it and change whatever you want to change, I hope I tried at least also remove what is not relevant and add what you know will support your case and also sorry I didn't reply early. Hustling thing on point.



HO address in full Your Address

Dear Sir or Madam,

LETTER OF RECONSIDERATION REQUEST FOR AN EEA2 APPLICATION
I … your sponsor name.. of the above address, an EEA national, I am writing this letter as a request for a reconsideration of my partner .. your name….. refusal of residence card as applied on for on 18 April 2013, application reference as on CAO.
I am requesting for a reconsideration of this application as the reasons for the refusal need to be looked into.
My partner applied for his application on 18 April 2013 and submitted supporting documents as evidence to support his application and also to prove we have been live together for years, have child together, bills that proof our names and also letters to prove I have been exercising treaty right in the United Kingdom as required under the EU law for him to be able to obtain a residence card.
At the time of the application I was studying and my course was from 2nd February 2013 to 30th July 2013. I finished the first level and went further for the next level which starts on 5th August 2013 and will be ending February 2014 which I will still continue further more. I will like to stress that at this periods while my partner application was on, we didn’t receive any letter from the Home Office asking for further evidence to proof my study was continuing, I was receiving job seeker allowance from the 10th of july 2013. Attached is a letter from my college/university to prove I was exercising treaty right through studying from 2nd February 2013 – 30th July 2013 and a week after which was from 5th August 2013 and you need to be aware the one week was a break from the first level to the second level which shows my course continued up-to-date.

I hope this clarifies our position and proves I have been exercising treaty right in the United Kingdom before the EEA2 application was made and through the application process and after the refusal decision dated 3rd December 2013 was reached.
So we belief his case needs to be reconsidered as we have provided to you the evidence to prove I didn’t stop exercising treaty right as claimed in the refusal letter.

Sincerely,

Your partner name
Signature
Your name
signature
Life is a race so run it well

anj03
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Post by anj03 » Tue Dec 10, 2013 9:19 am

THANKYU VERY VERY MUCH OLA POUNDS FOR YOUR HELP, BUT I HAVE ONE CONFUSION ON ( COA) I HAVE DIFFRENT REF- NO AND IN REFUSAL THEY PUT DIFFRENT REF-NO I D,NT KNOW WHY SO WHICH ONE U THINK I USE REFUSAL ONE OR COA OBE PLS

OlaDPounds
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Post by OlaDPounds » Tue Dec 10, 2013 9:22 am

anj03 wrote:THANKYU VERY VERY MUCH OLA POUNDS FOR YOUR HELP, BUT I HAVE ONE CONFUSION ON ( COA) I HAVE DIFFRENT REF- NO AND IN REFUSAL THEY PUT DIFFRENT REF-NO I D,NT KNOW WHY SO WHICH ONE U THINK I USE REFUSAL ONE OR COA OBE PLS
You can use either one but remember to include your nationality just after your name and d.o.b so they ca easily trace your file and also don't forget to put your partner dob as well just after her name from the first line
Life is a race so run it well

anj03
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Post by anj03 » Tue Dec 10, 2013 1:18 pm

thankyu very mutch OLA POUND

OlaDPounds
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Post by OlaDPounds » Tue Dec 10, 2013 1:43 pm

anj03 wrote:thankyu very mutch OLA POUND


Just make sure you arrange everything properly before you post it to them and also remember to do a special delivery guaranteed don't mind the cost.

I was surprise you sent her employment letters from 2009-2011 while applying in 2013 please don't include anything older than 3 months for applications like this in the future.

Good luck.
Life is a race so run it well

anj03
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Post by anj03 » Tue Dec 10, 2013 6:13 pm

Hi OLA POUND thanks for advice ,realy im confuse bcoz of home office they not mention in refusal about ours relationship or about our daughter nothing I d,nt know why ?

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