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REMOVAL FROM UNITED KINGDOM NOTICE

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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nazmul2010
Newly Registered
Posts: 13
Joined: Thu Nov 03, 2011 4:55 pm
Location: East London

REMOVAL FROM UNITED KINGDOM NOTICE

Post by nazmul2010 » Fri Mar 10, 2017 8:02 pm

Hi there thanks for such helpful advice. Today I recieved letter from HO subjecting ''REMOVAL FROM UNITED KINGDOM''.

I am a family member of Lithuanin wife. we got married May 2011 and I recieved my EEA Residence Permit(RP) on the 14th of December 2011. We have lived together since then. Got 2 boys together 5 and 3 years old. My RP expiry date was 14 December 2016 so I applied for EEA FM route on the 28th of November 2016 because my wife wasn't a qualified person hence did not apply EEA PR. Over this time together I been always in full time employment and my wife was full time housewife. We been recieving housing benefit, tax credit and child benefit. When I applied 28/11/2016 the application was not processed due to I did mistake on bank details for HO to process application and they couldn't take GBP 65. My Wife start to work part time 17.5 hp/w from 10/10/16. I spoke to solicitor before apply and they suggested to take Comprehensive SIck Insurance which we did 28th of October 2016 and since then paying GBP 120. My wife is not working from last month as she got hand injury at work with nerve intrapement. But I am working 24 hours p/w as I lost my previous job on the 14/12/16 and starting new job 14/01/17
They returned my document in 02nd of January 2017. I am really frustated as I don't know what to do.The reason ticked in the letter is exactly like this-

'' You will not be removed for the first seven calendar days after you recieved this notice*. Following the end of this seven day period, and for up to three moths from the date of this notice, you may be removed without further notice.

*If you recieved this notice by post, you are counted as recieving it two working days after it was posted.''

In one point of this letter they adviced-
''If you have further reasons for wanting to stay in the UK please complete the attached form and:
If you are not in immigration detention, you must send it to RP T21 PO Box 3468 Sheffield, S3 8WA''

I also have recieved another letter -
''Immigration Act 1971- Notification to a person who is liable to be detained''

They advicing every 2 weeks on a Tuesday starting from 14th of March 2017 I have to report to am immigration official.
Also they saying I am not allowed to work but the exception to an EEA national, EEA family member of an EU national exercising an EU treaty right, in which case I must inform them.


What must I do??????

1) If they remove me my wife can't manage with my 2 childrane as she injured and can't use her left hand. What will happen to my childrane's.

2) Are the going to deport me?

3) We are planning to apply again EEA FM as we were in debt and did not have enough money so could not apply. Can I apply now?

4) What may happen 14/03/17 when I go to visit Immigration Official in a detention centre?

5) Home office web site states that I don't have to apply EEA FM as a family member if I don't want to but It helps me to re-enter the country and finding job easier. Why they advice that I have right to remain without applying and sending me letter that I don't have right to remain?

Really sorry for long post as the situation is complicated. If I coul'd get some sort of advice it could make difference of my whole famile. Also shall I go to a solicitors on the Monday before I visit them?

PLEASE PLEASE PLEASE anyone advice or help... :( :(

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: REMOVAL FROM UNITED KINGDOM NOTICE

Post by Obie » Fri Mar 10, 2017 10:28 pm

Strange. What reasons were given for refusal?
Smooth seas do not make skilful sailors

secret.simon
Moderator
Posts: 11261
Joined: Thu Feb 21, 2013 9:29 pm

Re: REMOVAL FROM UNITED KINGDOM NOTICE

Post by secret.simon » Fri Mar 10, 2017 11:44 pm

Richard W raised an interesting point in response to your earlier thread. Given that she is in receipt of public funds (housing benefit), can your EEA citizen spouse be considered self-sufficient (even with CSI)? I will leave it for Obie and others to answer.

Remember that your economic activity is irrelevant for the purpose of EU immigration law. It is the EEA citizen, in this case, your Lithuanian spouse, who must be exercising treaty rights (either by working or by being self-sufficient) for you to be able to stay in the country. If she ceases exercising treaty rights, your right to reside in the UK ceases.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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