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EEA applications switching - urgent

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

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hammad1224
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EEA applications switching - urgent

Post by hammad1224 » Wed Aug 03, 2016 4:28 pm

Hi my friend is planning to apply for EEA route application (I am new to EEA so apologies if my words are out of sync).

His UK visa (Tier 1 ent) was refused on deception and later he applied ILR LR, which was also refused based on the fact that he had a deception in the previous application. He was given right of appeal in both Tier 1 and ILR.

Now he plan to apply for EEA route application. His wife's uncle is Spanish national and wife was depadant on him before marriage and also in the UK as well. Can he apply EEA route now?

His timeline
Came to UK in 2004 until today all legal stay with no significant gaps. No conviction etc.

Wife:
Came in June 2012 until today.

Gurus I need your help on this,

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Casa
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Re: EEA applications switching -URGENT

Post by Casa » Wed Aug 03, 2016 6:19 pm

What nationality does his wife hold? Is she working or studying in the UK?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

noajthan
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Re: EEA applications switching -URGENT

Post by noajthan » Wed Aug 03, 2016 6:20 pm

Current immigration status in UK?

Apply for EFM RC with proof of dependency. Rock-solid if not unimpeachable proof.

If refused and applicant has no other basis of stay (visa) in UK then applicant will become an overstayer and subject to removal.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

hammad1224
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Re: EEA applications switching -URGENT

Post by hammad1224 » Wed Aug 03, 2016 7:12 pm

She was dependant of a tier1 psw migrant. She was employed by his husband company. She Was on maternity pay until her 3c runs out. After Jan 16 she is unemployed.

noajthan
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Re: EEA applications switching -URGENT

Post by noajthan » Wed Aug 03, 2016 7:18 pm

noajthan wrote:Current immigration status in UK?

Apply for EFM RC with proof of dependency. Rock-solid if not unimpeachable proof.

If refused and applicant has no other basis of stay (visa) in UK then applicant will become an overstayer and subject to removal.
Current immigration status of your 'friend' in UK?
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Casa
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Re: EEA applications switching - urgent

Post by Casa » Wed Aug 03, 2016 7:25 pm

...and in addition to noajthan's question, you mention 'a Spanish uncle', but you still haven't confirmed your friend's wife's nationality. :?:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

hammad1224
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Re: EEA applications switching - urgent

Post by hammad1224 » Wed Aug 03, 2016 7:56 pm

Casa wrote:...and in addition to noajthan's question, you mention 'a Spanish uncle', but you still haven't confirmed your friend's wife's nationality. :?:
His husband (friend) is waiting for his hearing date for the his ILR refusal. Husband nationality Pakistani. His tier 1 psw expired in 2013. He applied tier 1 ent which was refused on deception with right of appeal. He completed 10 years and applied ILR lr. Which was again refused with deception in previous application. He is on appeals. I don't know if this confirms his status.

Wife was dependant on his (friend visa) currently appealing FLR(m) appeal waiting for her hearing date. His wife nationality is Pakistani.

Can wife apply under EEA route by having dependant on her Spanish uncle. What is the procedure?

Obie
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Re: EEA applications switching - urgent

Post by Obie » Wed Aug 03, 2016 8:03 pm

She could, but i think it may be complex, especially when she was dependent on her husband who is a Tier 1 migrant.

I don't dispute it is impossible, but it is extremely difficult to demonstrate dependency in the UK under the circumstance you have elaborate above.
Smooth seas do not make skilful sailors

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Casa
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Re: EEA applications switching - urgent

Post by Casa » Wed Aug 03, 2016 8:08 pm

I agree. How can she prove dependency on her Spanish uncle when she was in the UK as a dependent of her Pakistani husband? :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

hammad1224
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Joined: Tue Nov 06, 2012 1:57 pm

Re: EEA applications switching - urgent

Post by hammad1224 » Wed Aug 03, 2016 8:15 pm

Good question. I don't know the exact answer but her uncle raised her ( her father died very early) but in the uk his uncle only sent few transaction from western union. In uk what is the document required to support her application

Btw Thanks casa for your replies.


Casa wrote:I agree. How can she prove dependency on her Spanish uncle when she was in the UK as a dependent of her Pakistani husband? :idea:

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Casa
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Re: EEA applications switching - urgent

Post by Casa » Wed Aug 03, 2016 8:29 pm

Your use of 'his' and 'her' is slightly confusing. I'm also confused by on one hand the uncle 'raised' her and on the other, 'he sent Western Union payments'. :?
Is the Uncle in the UK or Pakistan?
Her husband obviously had to submit evidence that he could support her financially when he applied for her dependent visa. Neither can I see how this would help your friend, as he isn't dependent on his wife's uncle.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Obie
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Re: EEA applications switching - urgent

Post by Obie » Wed Aug 03, 2016 9:04 pm

At least membership of the Uncle's household will be required in the UK. Dependency may be tough, but in law, one can never say never.
Smooth seas do not make skilful sailors

noajthan
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Re: EEA applications switching -URGENT

Post by noajthan » Wed Aug 03, 2016 10:41 pm

noajthan wrote:Apply for EFM RC with proof of dependency. Rock-solid if not unimpeachable proof.

If refused and applicant has no other basis of stay (visa) in UK then applicant will become an overstayer and subject to removal.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Casa
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Re: EEA applications switching - urgent

Post by Casa » Wed Aug 03, 2016 10:53 pm

It still doesn't appear to be clear whether the uncle is living in the UK. :?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: EEA applications switching - urgent

Post by noajthan » Wed Aug 03, 2016 11:30 pm

Casa wrote:It still doesn't appear to be clear whether the uncle is living in the UK. :?
Appears that generous uncle is in UK.
Possibly supported niece with some WU transfers as a younger girl/woman.

Niece becomes emancipated by marriage and ends up on a dependent visa to her hubby. Thus probably breaking her dependency on uncle.
Then wife/niece somehow regains uncle's patronage or joins household (despite her marriage, her job with husband's company and possibly her own household set up with hubby).

However hubby survived separately in UK for 8 years before wife (the niece) came to UK in 2012.
Who knows - it is all so tenuous.

And 'friend' hasn't made it easy with a track record of implausible evidence (as determined by HO) in earlier visa submissions.

It may be this CA chap:
http://www.immigrationboards.com/uk-tie ... l#p1177808
hiring barristers:
http://www.immigrationboards.com/uk-tie ... l#p1045189
with 50K in bank:
http://www.immigrationboards.com/uk-tie ... l#p1002479
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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