SET(M) by mistake, Treaty rights help

[indiangardner]

Hi everybody

Admin my situation is a mish-mash between an ILR and EEA so posting in Here! But you can move it to the right section!

In here for some advice

I am a spouse of an EEA national had a five year EEA2, on expiry of the EEA2 I had mistakenly applied for the ILR set (M) application on marriage basis. Paid £1250.00 fees and given an ESOL test.

The Application was also a day late which was duly rejected by HO and I was issued with right of appeal and also issued removal order with temporary right to remain.

I appealed and have received my date in feburary. Also have applied in my right category.

Query - I want to know the best course of action. Can i plead to the judge that I had applied by mistake and it is a GENUINE mistake as EEA2 applications go to EEA4 and I had by error put up the application in the ILR rule. AND ask to withdraw the application and if they wish to keep the fees they can. Will that take away the decision and the removal order?

Or please suggest otherwise?

[peppekalle]

You cannot appeal and at the same time make an application.You may wish to seek legal help with your appeal.
Have you been issued with removal directions?It is similar to this http://www.ncadc.org.uk/toolkit/removal-directions.png.

I dont understand how they can issue you with removal directions as well as grant you temporary right to remain.Have the removal directions been cancelled?

[indiangardner]

Not removal directions but declared illegal entrant as my EEA2 had expired. It was reporting to detention center not deportation orders.

I have checked with HO my right to live and work in UK is unaffected, as spouses of EEA nationals have right to live in UK without any official endorsements in the passport. http://www.ukba.homeoffice.gov.uk/eucit ... ts-family/
Website confirming that Spouse NON-EEA do not need to obtain documents.

For the moment I am just stuck in bureaucracy as for really with no fault of my own.

I need to know if I request HO to withdraw my application does this illegal enterant stays on my record as though I was living in the Uk legally or is it better to go to the judge and do this?

[Amber]

You're not an illegal. If you've been the spouse of an EEA national who was exercising treaty rights for 5 years, you're a permanent resident, this is automatic. You can apply for confirmation of this. Just forget the SET(M) appeal as you made a mistake applying within the immigration rules. Withdraw the appeal and apply for your PR.