EEA EFM APPEAL ADJOURNED! ADVICE NEEDED PLEASE

[321dungaa]

Hello everyone I want to apprieciate all your efforts to helping people at this rather very desperate times God bless y'all.
I am a non eea in a relationship with my eea national a little over 3years now blessed with 18months old daughter too.
I met my partner in Jan of 2014, she came in to the UK in Oct 2013. We started leaving together from Sep2014 I sent in applications for rc through a solicitor in July but was refused because according to hm with the documents provided we have only been together for 6months so therefore relationship doesn't look durable. They went on by giving instance of more proof like dna, joint account etc and even then I might still not be granted. I was given the opportunity to reapply or appeal but my solicitor insist on going for appeal which date I received for feb2017.
It i's heartbroken for some body to be able to foresee what my relationship is as negative and of convenience but I understand it's their job.

What are my chances In court as I am not confident in my solicitor

I have been out of work for nearly 2years now and would like to know if appeal allowed how long before home office respond.

Am I better off changing lawyers?

P.S all required documents mention by hm in refusal letter has been provided in the bundle sent to tribunal and hm.

Awaiting your opinion and advices. Kind regards

[321dungaa]

For more understanding, I sent in application in July 2015.
Thanks

[noajthan]

Duration of relationship is not specified in EU law.
UK fills the gap by applying a version of its UK regulations so what is looked for is a durable and subsisting relationship akin to marriage.

From late 2014 to mid-2015 is only 6 or 7 months.
You probably had no child at the time of application.
So under the regulations as implemented by UK you are unlikely to have been judged to have been in a relationship akin to marriage.
Rock-solid if not unimpeachable documentary supporting evidence will have been required to demonstrate joint plans, joint venture & etc.

A child in the relationship may have help the case.
Otherwise it would have been appropriate to apply after September 2016.

[321dungaa]

Thanks for response @noajhan. In addition I understand it does look like 6month's but we have been together since January 2014 and this is why I thought my solicitor should have know better to apply after we start to have bills together.

what are my chances in cour now that we have 2years proof of cohabitation?

Thanks again noa as I'm new to this so my questions may come out weird

[noajthan]

Thanks for response @noajhan. In addition I understand it does look like 6month's but we have been together since January 2014 and this is why I thought my solicitor should have know better to apply after we start to have bills together.

what are my chances in cour now that we have 2years proof of cohabitation?

Thanks again noa as I'm new to this so my questions may come out weird

Meeting someone is not being in a relationship akin to marriage - that is being good friends or bf/gf or however you like to think of it.
In this context, and in absence of specifics from the Directive, living together is a start.
Together with a rock-solid papertrail to prove it.
So from late 2014 until date of application is 6 or 9 months. Not 2 years.
That's the issue.

If you reapplied now with much better evidence, plus the fact of a child in the relationship too, then you should have a better chance of success.

[Obie]

I am not sure why your solicotors could not be bothered to inform you that at present, appeal rights does not exist for extended family members.

http://www.immigrationboards.com/eea-ro ... 16771.html

[321dungaa]

Much obliged @noajthan and @ obie.

I'm guessing I should withdraw from the appeal next month for fresh application?

Thanks again

[321dungaa]

Hello everyone so I was prepared to go for my appeal with my unmarried partner and child in 2weeks when my solicitor informed me of the changes by the tribunal adjourning the case as there were lack of judges.
My solicitor is going to gather information and get back to me but as I said in my previous post on the level of know how of the solicitor I need to find out on here with folks with more vast experience on what will happen next.

Kind regards all

[forestgump]

Hello everyone so I was prepared to go for my appeal with my unmarried partner and child in 2weeks when my solicitor informed me of the changes by the tribunal adjourning the case as there were lack of judges.
My solicitor is going to gather information and get back to me but as I said in my previous post on the level of know how of the solicitor I need to find out on here with folks with more vast experience on what will happen next.

Kind regards all

You had applied as a unmarried partners?

[321dungaa]

Hello @forestgump thanks and yes we applied ad unmarried partner's akin to marriage .

Please what are you thoughts?

[forestgump]

Hello @forestgump thanks and yes we applied ad unmarried partner's akin to marriage .

Please what are you thoughts?

Give them more evidence that you know your partner such for a long time (skype/facebook chatlogs, any photographs (with the date on the back of it), joint tickets, any post letters) anything you can provide.
I think your route is re-apply with solid documents and cover letter.

[321dungaa]

Hi all
I could not find my older post so had to start new topic.
I'm a non eea in a durable relationship akin to marriage with my eea partner, we were previously refused residence card in 2015 with right of appeal. It was refused because ho states our relationship isn't durable(2years cohabitation )regardless of our daughters birth at the time too.
We had an appeal scheduled for Feb but was adjourned a week before hearing and letter states a new date will follow in due cause.

Your thoughts should be why haven't we reapply with more documents that shows relationship is akin to marriage?

My solicitor advice to go for the appeal
What can I expect out of all this as my partner being the sole bread winner of the family now is putting considerable amount of strain on her health and the stability of her family.
Surely our daughter now 2years old should be at the center of their consideration? Not that I wish to use her as this but only I can feel how hard it is for my self and my partner to only see her daughter in the morning nearly 7days a week....

Please has anyone been in my shoes and what steps to take. I can't let ho destroy my family or distabilise my daughters future base on what they think they know about my relationship.

Thank you for your time

[Obie]

I believe I advised you of the likely outcome of this appeal.

Your appeal is likely to be refused for lack of jurisdiction.

How long has your partner lived in the UK before your child was born?

[321dungaa]

Hi obie thanks for reply. Indeed you did advice of the posible outcome we were worried of the uncertainty that's why we went with the solicitors.
My partner has been here from Oct 2013, our child was born summer 2015.
Obie to be honest I can understand ho is just doing there job but at the same time we are all humans and all like the case workers looking to provide and keep their family safe.

My solicitor sent a letter to ho requesting permission for me to work whilst all we wait for the unknown ftt date. Some one must have seen that and not bothered to look at new proofs and document. I don't think they know what pain they are causing real families just looking to better their future they pretend to hide behind rules and regulations to proper torment fellow human beings.

Obie I just want to know what could happen, or why I checked court cases for the whole of Feb and there were several ea cases like mine being heard.

Thanks obie I want you to know your advice on this is well appreciated.

[Obie]

What will happen, the tribunal will refused your case for lack of jurisdiction as I told you, and you will be back to square 1 as I mentioned to you.

You will be back to square 1. With brexit, what future holds, is anyone''s guess.

If your solicitor has your best interest at heart, he would have, at the very least advised you to make a new application, whiles the appeal is pending.

He knows very well, that is , if he knows what he is doing, that no sCOA with a right to work will be given to you, as you applied as an Extended family.

I shall not be commenting on this again, as my position is well known.