ILR - Set (LR) After 12 and half year on legal grounds!!!

[akhr90]

Hi All,

Please advise as i am going for 10 year premium application it is almost prepare now.

Senior members please anything you like to add?

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Case history
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Came to UK: JUNE 2004 as Student
Until Jan 2011: I had 5 student visa extension no complication straight forward extension.
EEA 2 : Applied for 5 Year EEA Resident card, I am 37 Years & Dad 65 years at that time (As a Direct family member)
Visa Refused : April 2011
Appealed in 14 days.
Appeal allow in June 2011.
Got 5 Year visa in July 2011.

My 10 year were completed in June 2014 but didn't apply for 10 (LR) because of personal reasons.

Applied for EEA PR in June 2016.
Refused: Jan 2017. (Base was I was earning upto 35K from work, case worker stated how come you are dependent, my other post is this one ( eea-route-applications/req-for-eea-pr-app-non-eea-37-y-dutch-dad-70-y-t210404.html )
Appealed: Within 14 days
Got acknowledgement letter in 5 days that appeal received.
Another letter received on 27th Feb that i have submit all documents bundle to prove.
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[physicskate]

As you derive your right to residence based on being a dependent of your father, once you cease to be a dependent your right to reside (based on dependency) ceases. I would agree with the case worker.

10 years long residence will look at the same issue.

[akhr90]

@physicskate

Thank you for the reply.

Please advise do you think I won't get the ILR? One of the senior member stated that don't forget to bring exercising treaty right documents of EEA National with you when i will go for the application?

Please advise?

I am really confuse now and extremely stressed.

[akhr90]

And the case worker didn't question anything about EEA National exercising treaty rights.

[Obie]

Shame you will be throwing such huge amount of money to UkVI .

If at least you gave it to charity, you will expect a blessing at the very least.

[akhr90]

@Obie

I will only say one thing i borrowed all this not to through or to give to charity. I have family to look after like everyone does.

No one get money from the trees, i worked too hard to get a job and now diabetic patient at the age 38? Common at 38 age??

I am just finding a way to get my place permanent in this country.

Do you have any suggestion or advise? Or this was your only unethical advise!! It's very easy to through words like you did!!


Thank you.

[Obie]

I don't think my advise is unethical.

The SET(LR) application states the for time spent as family member, the person should show they have been a family member of an EEA national exercising treaty rights.

This means you need to show dependency and evidence that your father was a qualified person during this period.

Now you senselessly withdrew your appeal, and going for ILR, knowing that the policy requirements are not met, and paying about 2k for that.

It just does not make any sense to me.

[akhr90]

My father is a qualified person until now ...

[akhr90]

It is unethical because i have never ever seen anything like this before from any seniors. I have been visiting this portal from the last 3 years now.

Anyway what will happen in worse case scenario i will go back fine i will.

Obie

in 2011 i got a visa on behalf of my dad about which every single friend or family member said you can't get this but i did.

I will try my luck too in this case if not then i will go back as I got enough experience in my field ...

thanks.

[Obie]

But you are over 21 and hence the law requires you to show dependency on him, to be classified as a family member.

As soon as they open the system, the caseworker will see the most recent refusal, and how will that facilitate the application.

From a legal perspective it make little or no sense. However I do wish you the best.

[akhr90]

https://www.gov.uk/government/uploads/s ... als-v4.pdf

Please read page 12. That's exactly my situation is.

Read Dependency & Essential needs...

Thank you.

[Obie]

Well i clearly did not post on the 29th January the basis of refusal below.

http://www.immigrationboards.com/eea-ro ... 04-20.html

[akhr90]

Yes indeed....

[akhr90]

Hi All,

Today i went to Home office and thanks God. I got my ILR, what a relief.

No questions were asked about my appeal which was on going and then withdrawn.

Only one question he asked why it took you too long to apply for this. I told him the reason.

He said ok. After 20 mins another person came and said your will get BRP in 3 to 5 working days it is approved.

Good luck to all and thank you for all the help from the Seniors.