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EEA Application Refused.

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

pageup
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Post by pageup » Wed Feb 20, 2013 7:58 pm

Yes, we going with the advise of solictor. What can be the likely decsion, considering I have spent 11 years in uk

Greenie
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Post by Greenie » Wed Feb 20, 2013 8:13 pm

Your 11 years in the UK are not relevant to a decision on whether you are entitled to a residence card under the Eea regulations.

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advise

Post by pageup » Wed Feb 20, 2013 8:21 pm

What can be the likely decsion under eea regulaton, I am married to europmean member. I got provional marriage date, but because ukba got my passport it is not confirmed. Likely decsion under eea application. Please advise

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advise

Post by pageup » Wed Feb 20, 2013 8:22 pm

What can be the likely decsion under eea regulaton, I am married to europmean member. I got provional marriage date, but because ukba got my passport it is not confirmed. Likely decsion under eea application. Please advise

Greenie
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Post by Greenie » Wed Feb 20, 2013 8:28 pm

You are not married to an EU national according to UK law. You appeal as it stands now falls to be dismissed however the judge may be willing to wait for you to be legally married. If not then you can make another application after your marriage.

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advse

Post by pageup » Wed Feb 20, 2013 8:33 pm

It means my soictor was right before, to avoid hearing
please advise what I can do tommrow now, tommrowv day cosy me 1100£. Please advise

Greenie
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Post by Greenie » Wed Feb 20, 2013 8:55 pm

Speak to your solicitor.

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Post by pageup » Wed Feb 20, 2013 9:06 pm

But I think now its too late, tomtrow hearing haton cross 10am, please advise, any chance, may be slim tmr I get stay. On any basis.... I know U probably call me senseless, but am worried and currently working for £ 2 per hour illelegally please advise. My family paying solictor

ravii
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Post by ravii » Wed Feb 20, 2013 9:18 pm

Just go to bad and relax.life will not end.you did best and I thing you did more then best,now let the court decide.success or defeat does not matter,,real thing is heroics tic struggle.which you did :)
Best regards

Obie
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Ireland

Post by Obie » Wed Feb 20, 2013 9:21 pm

You have an EEA partner, with whom you have a committed relationship, you have been in the UK for 11 yrs and have no criminal conviction.

The strength of your private life, added to the family lifr you have with her, means that it cannot be argued your case is doomed to fail. If the judge put proper focus on the Artivle 8 aspect, which he is oblidged to do, you could still succeed.
Smooth seas do not make skilful sailors

Help5
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Post by Help5 » Wed Feb 20, 2013 10:20 pm

Common Go There you are safe don't listen to solicitor and don't get scared

You have lived in UK 11 years and Family life plus Eurpeon Wife
Dont worry about it. !

I am not saying your solicitor is wrong but i am saying he will delay your case because he is not experienced. Law and judges are above solicitors and your personal circumstances are Well good

pageup
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thank you

Post by pageup » Wed Feb 20, 2013 10:32 pm

I am going to sleep if I can! Tommrow or as soon as I can after the court, I will give the correct wording of my life judgement from judge. Do pray for me every one and wish me good luck please. Thank you very much for all coments....

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result. hearing

Post by pageup » Thu Feb 21, 2013 1:05 pm

We were front of judge. We adjourn hearing. Reason my barrister say get married under English law, tehn n problem to get resident card, this also judge said. Judge was lovely, thank U just left court now.

Help5
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Post by Help5 » Thu Feb 21, 2013 1:53 pm

Great

Not stop worrying Work hard And your safe.

I will say you should have been more persuasive and dealt with it

Your point should have been Human right regulations

What is a point of adjourning when result is you will stay in Britan !!

Take care

Help5
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Post by Help5 » Thu Feb 21, 2013 1:58 pm

I dout* your barrister

You should never adjourned it

Its a wrong decision

Why you want to Wait apply for E Card and married ( 5-6 years ) then saying everything on that day


I really wish i was there

frei
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Post by frei » Thu Feb 21, 2013 2:14 pm

Help5 wrote:I dout* your barrister

You should never adjourned it

Its a wrong decision

Why you want to Wait apply for E Card and married ( 5-6 years ) then saying everything on that day


I really wish i was there
And exactly what would you have done were you there? OP's right to article 8 is slim, how long has he lived together with his wife in the UK? not very long I suppose, op has no child in the UK. getting the right to stay based on article 8 is very slim.

If you know so much than the barrister, perhaps you shouldn't be here? you should represent more people with their court cases

Op got the best possible outcome.

Greenie
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Post by Greenie » Thu Feb 21, 2013 2:25 pm

Help5 wrote:I dout* your barrister

You should never adjourned it

Its a wrong decision

Why you want to Wait apply for E Card and married ( 5-6 years ) then saying everything on that day


I really wish i was there
what are you talking about?

The article 8 claim is not strong, and it is not even clear that article 8 can be argued because he is not appealing a decision to remove him. If the only issue with respect to the residence card is the fact that he is not lawfully married then this will be resolved once he is lawfully married. His barrister has given acted properly and given him correct advise as far as I can see - and the judge was right to adjourn.

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thanjs

Post by pageup » Thu Feb 21, 2013 3:46 pm

My immigration history befre marrge EU application, already complicated, therefore we avoided to bring the issue of human right, howvwr home offce did try to bring old history, but my barrister stoped her, he said this history is pointless now since am marred to EU national. Jugde also said to my solictor well said, today we did not wanted to take any chance of goingahead and fear of l, barrster said simply, get married unnder english law GEt RC.

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good barrster

Post by pageup » Thu Feb 21, 2013 3:56 pm

My barrister was good, Had 100% success rate we did not want to take any chance, when they cross exaimne you, what happens,,,, barrister say even if the judge say she is satisfied with relationship, she allow her appeal, 95% chance homeoffce will chalenge the court desion, simply because marrge is Islamic done., what do U all think, please guode[/list]

pageup
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good barrster

Post by pageup » Thu Feb 21, 2013 4:00 pm

My barrister was good, Had 100% success rate we did not want to take any chance, when they cross exaimne you, what happens,,,, barrister say even if the judge say she is satisfied with relationship, she allow her appeal, 95% chance homeoffce will chalenge the court desion, simply because marrge is Islamic done., what do U all think, please guode[/list]

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regarding appeal

Post by pageup » Thu Feb 21, 2013 7:03 pm

Although speak wad adjourned by us , judge said if I get marred underv English law, I don,t need to.come to court, will the judge send this in writing to home offce, so means I get marred English law make application I will get recent card, also how much my wife needs to earn shall I ask to work less means she work less pay less tax how much she need to earn to support my application
She is French nstionsl not British please advise

frei
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Re: regarding appeal

Post by frei » Thu Feb 21, 2013 8:40 pm

pageup wrote:Although speak wad adjourned by us , judge said if I get marred underv English law, I don,t need to.come to court, will the judge send this in writing to home offce, so means I get marred English law make application I will get recent card, also how much my wife needs to earn shall I ask to work less means she work less pay less tax how much she need to earn to support my application
She is French nstionsl not British please advise
Your wife does not need a specific amount to be able to sponsor your stay in the UK, all she needs to do is to be engaged in an employment of at least 20 hours a week it will be sufficient to get you a residence card.

The more taxes one pays the higher their pension remuneration

pageup
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work problem.

Post by pageup » Fri Feb 22, 2013 9:23 am

Home offce got my passport will they return my passport for me to register my marrge. Passport scored 2006.

My application pending now, but if ukba catch me from work, what can happen to work, my solictor say I have no permission to work, but am taking chance to earn something, I am earning £2 per hour, please guide me. What is the best option for me, please reply.

frei
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Re: work problem.

Post by frei » Fri Feb 22, 2013 11:23 am

pageup wrote:Home offce got my passport will they return my passport for me to register my marrge. Passport scored 2006.

My application pending now, but if ukba catch me from work, what can happen to work, my solictor say I have no permission to work, but am taking chance to earn something, I am earning £2 per hour, please guide me. What is the best option for me, please reply.
Yes your solicitor is right, you are indeed working illegally as your marriage to an EEA citizen was not recognised under English so you are still not exempted from immigration control.,

You should get in contact with the UKBA asap, and request a copy of your passport data page, it might take some time so I will suggest you start now!!

If you have given your passport to any other organisation in the past I would consider writing to them if they can provide a copy as well.

pageup
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passport

Post by pageup » Fri Feb 22, 2013 12:45 pm

I am trying hard to get hold of passport. Work issues, if they catch ukba, me from work can I say I am here for work expernce. or I don,t know whether am entitled to work if I get caught from work, will this have bad comdwuence on my EU application.

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