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EEA4 refusal with right to appeal.

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

EUsmileWEallsmile
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Posts: 6019
Joined: Fri Oct 07, 2011 8:22 pm

Post by EUsmileWEallsmile » Wed Aug 29, 2012 11:21 pm

spike_UK wrote:
Jambo wrote:
spike_UK wrote:Hi Jambo, at the start I spoke to HO staffs and few of them said that as long as we lived together for 5 yrs is fine regardless marriage and besides on the book(as you say) it says as long as you are a family member for 5 yrs but never says you should be married
It won't be the first time the customer service gave wrong information. "I was told so over the phone" is not a strong legal argument.

The regulations clearly define a family member as a spouse / civil partner or extended family member with EEA FP/RC/PR. Read Regulation 7 (1), 7(3)
I know, but what is a family member? if I live with EEA, and EEA loves me and accommodate me and feed me and look after me and pay for all bills and then after that marry me,,,,so what the hell is a family member???????!!!!!! you now what as I said,,it's free so for me nothing to loss and by the time appeal is over it will be 5 yrs of my marriage anyway so I will just kill the time with HO and they are the one paying for everybody not me :)) let the game play ;)
If you think there's a realistic chance of success, good for you, go for it. If not, I'm sure you could find better things to do with your time.

If you are interested in a case that is not directly relevant to you, but has some relevance, please read this.

http://www.bailii.org/ew/cases/EWHC/QB/2012/226.html

spike_UK
Senior Member
Posts: 508
Joined: Mon Feb 27, 2012 11:54 am
Location: Burton upon Trent
Contact:

Post by spike_UK » Wed Aug 29, 2012 11:38 pm

EUsmileWEallsmile wrote:
spike_UK wrote:
Jambo wrote:
spike_UK wrote:Hi Jambo, at the start I spoke to HO staffs and few of them said that as long as we lived together for 5 yrs is fine regardless marriage and besides on the book(as you say) it says as long as you are a family member for 5 yrs but never says you should be married
It won't be the first time the customer service gave wrong information. "I was told so over the phone" is not a strong legal argument.

The regulations clearly define a family member as a spouse / civil partner or extended family member with EEA FP/RC/PR. Read Regulation 7 (1), 7(3)
I know, but what is a family member? if I live with EEA, and EEA loves me and accommodate me and feed me and look after me and pay for all bills and then after that marry me,,,,so what the hell is a family member???????!!!!!! you now what as I said,,it's free so for me nothing to loss and by the time appeal is over it will be 5 yrs of my marriage anyway so I will just kill the time with HO and they are the one paying for everybody not me :)) let the game play ;)
If you think there's a realistic chance of success, good for you, go for it. If not, I'm sure you could find better things to do with your time.

If you are interested in a case that is not directly relevant to you, but has some relevance, please read this.

http://www.bailii.org/ew/cases/EWHC/QB/2012/226.html
Thanks mate, im quite busy in my life but I also like challenging ;) there are a couple of cases exactly same as mine and they have win the appeal but I can't really find them!! end of the day, i'm not doing nothing and when the court day comes I will just go for it :)
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

EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 8:22 pm

Post by EUsmileWEallsmile » Wed Aug 29, 2012 11:41 pm

spike_UK wrote:and when the court day comes I will just go for it :)
That's completely your decision. The main thing I wanted to get across to you is that you need to keep your expectations realistic so that you are not too disappointed if things don't go your way.

spike_UK
Senior Member
Posts: 508
Joined: Mon Feb 27, 2012 11:54 am
Location: Burton upon Trent
Contact:

Post by spike_UK » Mon Sep 03, 2012 12:10 am

EUsmileWEallsmile wrote:
spike_UK wrote:and when the court day comes I will just go for it :)
That's completely your decision. The main thing I wanted to get across to you is that you need to keep your expectations realistic so that you are not too disappointed if things don't go your way.
Thanks for your advice but it's rather experience and who knows might just happens to be good ;) I'm already waiting to apply next year,,so not a big deal, I'm not gonna to hope for it and get disappointed anyway.
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

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