Appeal hearing, advice on possible outcome

[saiyuki91]

Hi all,

HISTRORY
I am a British born, lived in the UK with parents till i was 3 years old and was taken to Nigeria by my parents, i returned alone at age 13 after 10 years on a visitor visa and lived with extended family. My parents have no British status which means i don't either.

After being back in the uk and living here continuously for almost 12 years i have only been able to apply for residency based on my relationship with my French national partner for a EEA residency.

I have a hearing to appeal against the home office decision that my relationship with my French national partner is not genuine or does not comply with the requirements of the application.
They refused it based on the fact that my partner and i had not been cohabiting for 2 years at time of application. We have now been cohabiting for 2 years and 9 months now since the application and have sent in all evidence to prove this photos, bills etc.

Also sent in statements from all my family members who are British citizens to support as i have no other family in Nigeria as parents have passed away tragically.
Also make note of my sexuality being a crime in Nigeria and the fact that i will not be able to have a normal life there or any job prospects as my field of practice is a very Niche medical one and not practiced in Nigeria.

I would like some advice as to how the outcome of the hearing might be?
My partner might not be able to attend because of his studies and work but has provided statements, will this be an issue?
They required more evidence which i already sent before and still they refused to grant me the stay.

PLEASE SHARE YOUR OPINION EXPERIENCES AND ADVICE.

[noajthan]

Hi all,

HISTRORY
I am a British born, lived in the UK with parents till i was 3 years old and was taken to Nigeria by my parents, i returned alone at age 13 after 10 years on a visitor visa and lived with extended family. My parents have no British status which means i don't either.

After being back in the uk and living here continuously for almost 12 years i have only been able to apply for residency based on my relationship with my French national partner for a EEA residency.

I have a hearing to appeal against the home office decision that my relationship with my French national partner is not genuine or does not comply with the requirements of the application.
They refused it based on the fact that my partner and i had not been cohabiting for 2 years at time of application. We have now been cohabiting for 2 years and 9 months now since the application and have sent in all evidence to prove this photos, bills etc.

...

I would like some advice as to how the outcome of the hearing might be?
My partner might not be able to attend because of his studies and work but has provided statements, will this be an issue?
They required more evidence which i already sent before and still they refused to grant me the stay.

PLEASE SHARE YOUR OPINION EXPERIENCES AND ADVICE.

Its unclear why you applied at the wrong time.

If applying on EU route then only EU law (Directive 2004/38/EC) as transposed into UK EEA Regulations (plus relevant case law) will come into play.
The other factors will not be considered nor really help.

If its got as far as some sort of hearing you probably need all the support you can get, including from your partner.

[saiyuki91]

Hi all,

HISTRORY
I am a British born, lived in the UK with parents till i was 3 years old and was taken to Nigeria by my parents, i returned alone at age 13 after 10 years on a visitor visa and lived with extended family. My parents have no British status which means i don't either.

After being back in the uk and living here continuously for almost 12 years i have only been able to apply for residency based on my relationship with my French national partner for a EEA residency.

I have a hearing to appeal against the home office decision that my relationship with my French national partner is not genuine or does not comply with the requirements of the application.
They refused it based on the fact that my partner and i had not been cohabiting for 2 years at time of application. We have now been cohabiting for 2 years and 9 months now since the application and have sent in all evidence to prove this photos, bills etc.

...

I would like some advice as to how the outcome of the hearing might be?
My partner might not be able to attend because of his studies and work but has provided statements, will this be an issue?
They required more evidence which i already sent before and still they refused to grant me the stay.

PLEASE SHARE YOUR OPINION EXPERIENCES AND ADVICE.

Its unclear why you applied at the wrong time.

If applying on EU route then only EU law (Directive 2004/38/EC) as transposed into UK EEA Regulations (plus relevant case law) will come into play.
The other factors will not be considered nor really help.

If its got as far as some sort of hearing you probably need all the support you can get, including from your partner.

Thanks for your reply, applied at the time i did as all previous applications based on private life was refused and so i had to put in an application so i had something on going.
The said although i had provided evidence and they believe my relationship might be genuine they refused it based on lack of marriage and living together for 2 years. But we have now been cohabiting for 2 years and 9 months and are making preparations for marriage but my immigration status cant allow me to get married.

[noajthan]

Thanks for your reply, applied at the time i did as all previous applications based on private life was refused and so i had to put in an application so i had something on going.
The said although i had provided evidence and they believe my relationship might be genuine they refused it based on lack of marriage and living together for 2 years. But we have now been cohabiting for 2 years and 9 months and are making preparations for marriage but my immigration status cant allow me to get married.

Private life considerations and 3C rule from UK domestic regulations don't apply in the context of EU route migration and associated applications.

If this is a last resort appeal then you need all help you can get including from your partner at the hearing.

[saiyuki91]

Thanks for your reply, applied at the time i did as all previous applications based on private life was refused and so i had to put in an application so i had something on going.
The said although i had provided evidence and they believe my relationship might be genuine they refused it based on lack of marriage and living together for 2 years. But we have now been cohabiting for 2 years and 9 months and are making preparations for marriage but my immigration status cant allow me to get married.

Private life considerations and 3C rule from UK domestic regulations don't apply in the context of EU route migration and associated applications.

If this is a last resort appeal then you need all help you can get including from your partner at the hearing.

yes unfortunately my partner cant be there because of his studies outsdie of london. Will making a video to go with his statement or writing a statement to say why he is absent help?

im having other family member attend the hearing with me also

thanks