EEA2 Appeal Next Week Without Solictor

[waren2k12]

Hi guys,
To make the story short, I am an over stayer and have no status in the UK since 2006.
Last year, I applied for an EEA2 Application to obtain an RC. At that time, my partner was not 18 yet but we have a baby boy who is 15 months and we have been together for almost 4 years (and been living together for the last 2 yaers).
My solicitor sent the application as my partner deriving her rights from her father who is exercising his treaty rights.
Eventually in June, the response from the HO was a refusal with right to appeal which my solicitor sent the appeal form.
Last month my partner turned 18 and is now going to college.
I have go to court next week and my solicitor told me he wont be able to make it and suggested I might go on my own or along with my partner and son or get a barrister but I can't afford one at the moment.
So my question is, what are my chances of wining this case? What are the questions they might ask me?
I have my partner's confirmation of enrollment for her course, which makes her a student and exercising her treaty rights and now that she is 18, she must certainly be a qualified person I am guessing.
So how do I fight these bad guys at the court? How do I persuade them?
Thank you so much in advance.

[Obie]

To be able to help you, it would be nice to know the following.

1. What is the nationality of your partner.

2. What was/were the reasons for refusal.

3. Have you cohabited with your partner or married, or are in a strong relationship that could be considered as durable.

4. What is the nationality of your child and how is he or she being supported?

[waren2k12]

My partner is Polish.
I don't have the letter of refusal with me but according to my solicitor, the case worker refused my application because when I was applying for an RC my partner wasn't exercising her treaty rights. Even showing that her dad is exercising his and she derives all the rights from him, it looked like it wasn't enough.
Relationship-wise , my partner and I have been in a relationship for almost 4 years (4 years next month) and we have been living together for the last 2 years. I moved in her Dad's house two years ago then after the birth of our son, she managed to get a council house in which we are living at the moment. We love each other, I can't wait to marry her but first I need my passport as the registry office didn't allow me.
We want our son to be Polish and we are currently waiting for the Polish birth certificate to arrive from Poland in order to apply for a Polish passport at the Polish Embassy in London.

[Obie]

It is a bit difficult to assist you without knowing the full grounds for refusal.

However, if you are able to present evidence of Durable relationship and can show proof of joint cohabitation, her college letter and evidence of medical insurance for your partner, you may qualify for the discretion under Regulation 17(4). Try and get your case properly assembled, and you may be able to represent yourself if you can speak good english. I wish you all the best.

[Joha1304]

My partner is Polish.
I don't have the letter of refusal with me but according to my solicitor, the case worker refused my application because when I was applying for an RC my partner wasn't exercising her treaty rights. Even showing that her dad is exercising his and she derives all the rights from him, it looked like it wasn't enough.
Relationship-wise , my partner and I have been in a relationship for almost 4 years (4 years next month) and we have been living together for the last 2 years. I moved in her Dad's house two years ago then after the birth of our son, she managed to get a council house in which we are living at the moment. We love each other, I can't wait to marry her but first I need my passport as the registry office didn't allow me.
We want our son to be Polish and we are currently waiting for the Polish birth certificate to arrive from Poland in order to apply for a Polish passport at the Polish Embassy in London.

Hello! How was your appeal?? Im going next week for mine... I need help!!!!

[Joha1304]

To be able to help you, it would be nice to know the following.

1. What is the nationality of your partner.

2. What was/were the reasons for refusal.

3. Have you cohabited with your partner or married, or are in a strong relationship that could be considered as durable.

4. What is the nationality of your child and how is he or she being supported?

Hello Obie!! Can you give me an advice for my case?


These are the answers for the questions that you make:

1. What is the nationality of your partner. Italian

2. What was/were the reasons for refusal. Missing insurance and they said that he doesnt have enough support of being a job seeker

3. Have you cohabited with your partner or married, or are in a strong relationship that could be considered as durable. Yes!

Please I need help or the number of an advisor, Im very worried he has already paid a course here and we dont want to separate for a legal problem

[Englandd]

waren2k12
Junior Member:
she managed to get a council house in which we are living at the moment.


Besides making all efforts and taking as much as legal advises one thing you need to know that claiming public funds badly affect the EEA2 RC application and future PR settlement. Because self sufficiency is highly important.

[waren2k12]

Hi, Can anyone help me through this please.
After my case was refused, my appeal was dismissed, Im left a bit frustrated.
Reasons for the refusal is ''My partner who is an is apparently not self sufficient''
Let me be clearer.
My partner is 18, Polish,we have a son of 15 months old, we live together, she's a full time student (Wed-Fri), receiving bursary from college, claiming benefits such as Housing benefit, CTC, Child benefit and Income support.

Well, reasons why she claims public funds is because it obvious, she will not be able to work and study at the same time, and pay the rent (£100/pw), bills, council tax and living expenses on her own.

So, is there any possible way for me (Non EEA National under immigration control) to get an EEA residence card or family permit to stay here?
My son was born here last July 2011 but has a Polish birth certificate, which makes him an EEA member too.

What are your views, opinions or advice?
Thank you in advance for helping those who seek help!

[Obie]

How long has your partner lived in the UK for?

Assuming she was living with her parents, were they exercising treaty rights, as worker or self employed, and how long have they been doing that for?

what were the reason for refusal this time, and have you applied for reconsideration of the tribunal's decision?

[Obie]

To be able to help you, it would be nice to know the following.

1. What is the nationality of your partner.

2. What was/were the reasons for refusal.

3. Have you cohabited with your partner or married, or are in a strong relationship that could be considered as durable.

4. What is the nationality of your child and how is he or she being supported?

Hello Obie!! Can you give me an advice for my case?


These are the answers for the questions that you make:

1. What is the nationality of your partner. Italian

2. What was/were the reasons for refusal. Missing insurance and they said that he doesnt have enough support of being a job seeker

3. Have you cohabited with your partner or married, or are in a strong relationship that could be considered as durable. Yes!

Please I need help or the number of an advisor, Im very worried he has already paid a course here and we dont want to separate for a legal problem

Sorry i missed your question. I hoped your appeal went well.

It is really best in these situation to open your on thread rather than sort of hijacking others

[waren2k12]

@Obie.
She came in the UK in October 2007 and was studying at a local college.
Her dad who looks after her has been exercising his treaty rights since 2007 by working in the same place.
In March 2011, we lived at her dads until October 2011 when she got a council house.

HO first refused the EEA application because they said my partner wasn't exercising her treaty rights, even though my solicitor included her dads payslips, bank statements, confirmation of work etc.

Now at the court hearing, my solicitor managed to change the course of the hearing as circumstances have changed (My partner and I live together, she's studying etc)
But yet they refused it by mentioning that to be a qualified person, she should be self sufficient. But using logic, how is she going to study, work part time and support herself and my son?!!

[Greenie]

In order to be exercising treaty rights as a student she needs to be self sufficient. Clearly if she is entirely reliant on benefits she is not self sufficient. It is not a matter or whether it is 'logical' as to whether she is able to study, work part time and support herself and your son but whether she is exercising treaty rights in order for you to qualify for a residence card. But with respect to your point about whether it is logical, logic might dictate that she is able to work part time given that she only attends college for three days a week and has a partner at home who can look after the child.

[Obie]

Well it seem like the HO, the courts and your solicitors are a bit confusing, and making things so complicating.

You partner appeared to have entered the UK age 13, about 5 years ago with her father who have been exercising treaty rights ever since.

Come 2012, she is someone who has secured the right of Permanent Residence, by been a family member of a qualified person who has resided in the UK in accordance with the EEA regulations for 5 years.

Provided in 2007, the father held a Worker's Registeration Certificate, and was hence working legally she qualifies.

There are other provision of community law, under which she qualifies, but it will be a waste of time to write it all down.

You partner is under 21, so at no point since her arrival in UK till today, was she required to show she is dependant on her father.

Therefore on the day you went to court, she had secured Permanent Residence, and the Judge erred in law to find otherwise.

Next is your case. Under regulation 17(4) the UK may issue a residence Card to an Extended Family member under Regulation 17(4B)

If the person is an Extended family member of a qualified person or someone with a right of Permanent Residence, and in all the circumstance, it seems appropriate to do so.
Given the length of your relationship, the existence of a child, the care you take for the child which enable her to exercise her treaty right, i believe it should be appropriate for you to be issued a residence card.

I therefore conclude that the judge erred in law, in finding that your partner is not a qualified person, or someone with a right of permanent residence, and therefore you should apply for reconsideration or reapply again.

[waren2k12]

@Obie.
Thank you soo much for pointing these out! I will definitely look into this! I will get back to you very soon!

@Greenie.
I do agree with you that it would be 'logical' for her to find employment while I look after my son. But in regards to this, she will automatically lose her income support, part of her housing benefit and child tax credit.
And with 4 days of work, it is unclear whether she will be able to support herself and my son.