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REFUSED RC: NO RIGHT OF 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

ukforever
Member of Standing
Posts: 370
Joined: Sat Jan 12, 2013 5:37 am

Post by ukforever » Tue Jul 09, 2013 12:55 am

toni34 wrote:Pls be aware that you r taking this matter the wrong way,your proof to being an e.u family member or spouse is not strong enough and people here are not even ready or too polite to point it out.the onus of proof is on you not the ukba,you don't even need a judicial review,what you need is the following documents 1.your passport document.2.EU passport of your eu.proof of official letters addressed to both of you in the same address to prove history of relationship,you need letters like tv licence,council tax bill,water and electricity bills,then you need to show how the e.u member is exercising her trealty rights.if you can do the above then reapply you will get your RC.you don't need those greedy solicitors.most of us here didn't use and were illegals like myself before I got mine.you can use your country I.d as proof of identity but you need the EU passport.
have u read any post of this thread??did u not read that the OP applied while his passport was retained by the ukba and then he was refused because he had no id to prove his identity(passport expired) and his country's consulate won't issue him a new passport because they need to have a proof of lawful residency in the uk,meaning a visa or residence card in his previous passport which he doesn't have.
so its a catch 22 my friend..thanks for the advice but its no use to him..he got now an appeal in progress with his lawyer and i think that this is the only option he has right now..and apparently it paid off..hopefully. :)
UK------++++-------****

Juss
Newbie
Posts: 34
Joined: Tue May 14, 2013 3:21 pm

Cover letter

Post by Juss » Thu Jul 11, 2013 3:20 pm

Hi Obie/Sheraz/Directive and all the members thanks for you help and guidance.

As for my case i was refused RC with no right of appeal so i went for judicial review.
Today my lawyer phoned me that HO will compensate the Court expenses from the Judicial Review.

" I have recieved a settlement proposal from Treasury Solicitor. They have agreed to reconsider your case within three months at the date of order being sealed and that if you are not granted a residence permit they will give you an in-country right of appeal."


Any one know where i should write that why they need 3 months as its nearly one year my case is with them.

Its better to email or call HO about this. What should I DO.?????


My RC TimeLine:

RC Application sent : 19/08/2012
Reminder to send COA: 28/11/2012
COA issued (Further document requested) : 17/01/2013
Refused RC: 08/02/13 (No right of Appeal as my passport was expired)
Pre-Action Protocol : 13/03/2013
Grounds for Appeal sent to High Court : 07/05/2013
Reply from Treasury Solicitor for settlement in three months : 27/06/2013

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Thu Jul 11, 2013 3:32 pm

Probably a good idea for you to contact your solicitor. They likely will know better than anyone here.

Juss
Newbie
Posts: 34
Joined: Tue May 14, 2013 3:21 pm

Post by Juss » Thu Jul 11, 2013 3:35 pm

Thanks Directive

He just phoned me about this and he told me that they will decided in 3 months one the order is sealed.


So you think i should wait.

Thanks again for quick reply

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Thu Jul 11, 2013 3:49 pm

I think you need to work with your lawyer. That is all I think.

What else can you do?

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Thu Jul 11, 2013 4:05 pm

Just out of interest, can you ask your solicitor to provide you a copy of the order, and can you ensure costs are included in the order. In those circumstances the solicitor will have to reinburse your fees.

It is worth noting that the terms of the order dont mean UKBA will issue a Residence Card, but it is a step in the right direction.
Smooth seas do not make skilful sailors

Juss
Newbie
Posts: 34
Joined: Tue May 14, 2013 3:21 pm

Post by Juss » Fri Jul 12, 2013 8:45 am

Thanks Obie,

Any way he told me that im covered in this regard and HO will pay all his fee for JR.

I didnot paid him much for JR as he told me in start that i have good chances of getting RC. But now the only thing is why they asked for 3 months?????


I am grateful to this Fourm and especially you Obie. You were always there when i need some advice.

Thanks to Sheraz and Directive.

Juss
Newbie
Posts: 34
Joined: Tue May 14, 2013 3:21 pm

JR and COURT order seal the case

Post by Juss » Mon Aug 05, 2013 9:39 am

Hi every one!

As I told already about my case that HO lawyer contacted to my lawyer to settle the case within three months after the court seal the order.


Today i phoned my lawyer for update and he told me that he did not recieved the order from the court. Now my question is :

1. How long it could take by court to seal the case order when both lawyers agreed to settle the case.
2. This 3 month period is started now or it will start when the court seal the order.

Waiting is killing. As its nearly one month when HO lawyer agreed to settle the case and still now no progress.

Juss
Newbie
Posts: 34
Joined: Tue May 14, 2013 3:21 pm

Reconsideration and Interview

Post by Juss » Sat Aug 17, 2013 7:21 pm

Hi Everyone,

Finally there is update for my case.

My lawyer received letter from home office stating that i need valid passport and they issued a letter to Pakistan High commission to issue me a new passport. They sent certified copy of my passport as well.

second thing is that the they stated tat with out a valid passport they cant issue me a COA.

Third thing which is amazing for me that they stated that to reconsider my case they want to interview us as well even its after more than one year of marriage and we lived together nearly 2 years.


Lets see what is outcome of this now.
So far Allah helped me and He is the only one to Help.

askmeplz82
Diamond Member
Posts: 1743
Joined: Wed Jun 13, 2012 1:47 pm

Post by askmeplz82 » Sat Aug 17, 2013 8:17 pm

Juss wrote:No i went to renew my passport but they said no. They want valid VISA then i can renew my passport.

Any one who got Visa when his Passport was expired??????


Thanks.

Ah that's not universal rule i guess. My country doesn't bother what's your status in this country. If you legal or Illegal anyone can renew their passport

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Re: Reconsideration and Interview

Post by Directive/2004/38/EC » Sun Aug 18, 2013 1:01 am

Juss wrote:My lawyer received letter from home office stating that i need valid passport and they issued a letter to Pakistan High commission to issue me a new passport. They sent certified copy of my passport as well.

second thing is that the they stated tat with out a valid passport they cant issue me a COA.

Third thing which is amazing for me that they stated that to reconsider my case they want to interview us as well even its after more than one year of marriage and we lived together nearly 2 years.
What exactly did the HO letter to your lawyer say?
What exactly did the letter the HO wrote to the Pakistan High Commission say?
What did your lawyer say about the interview request?

If you do not want to bother with an interview, there might be other ways of approaching their request. Do you have a lease together? Do you have children? Do you have proof that you have lived together for more than 2 years?

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