EEA applications switching - urgent

[hammad1224]

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,

[Casa]

What nationality does his wife hold? Is she working or studying in the UK?

[noajthan]

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.

[hammad1224]

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]

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?

[Casa]

...and in addition to noajthan's question, you mention 'a Spanish uncle', but you still haven't confirmed your friend's wife's nationality.

[hammad1224]

...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]

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.

[Casa]

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

[hammad1224]

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.

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

[Casa]

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.

[Obie]

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.

[noajthan]

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.

[Casa]

It still doesn't appear to be clear whether the uncle is living in the UK.

[noajthan]

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