EEA EFM Got rejected. What to do next?

[TaliaHuang]

Hi everyone, I've been following this forum for a long time since I started my nerve-racking application on 5th Jan 2018.
I came to UK more than two years ago with Tier4 student visa. In the uni I met my boyfriend(Irish) and we have been together for more than two years. We applied EEA EFM residence card on 5th January before my Tier4 expired. However, our application got rejected. The refusal letter from HO says that I didn't prove enough evidence of cohabitation, thus can't evidence myself as my sponsor's unmarried partner. It says I have two choices, 1. I can reapply if I have more evidence. 2.I have to leave this country (no specific time limitation mentioned)

I am so nervous now cuz my Tier4 visa expired on 11th Jan. We are thinking to get married in UK and reapply as married couple. However, we have to give notice at least 28 days before our wedding. Therefore we can't marry immediately.

My question is,
1. Do I have to go back to China immediately?
2. We plan to reapply EFM first to buy us some time, and then get married during this period of time, and then apply for FM residence card. Is it feasible?
3. If I reapply, is there a time limitation? The refusal letter's date is 22nd March so I wonder if I reapply after Easter holiday we might be too late. However, I don't have any other choices because all my documents including my passport are still with my solicitor, who is not based in London(where me and my boyfriend live). So I have to wait until I get my documents to reapply.
4.Most importantly, will I get deported any minute from now on?

I am so saddened by the refusal letter. But my boyfriend and I are not ready to give up yet. If anyone have similar experience or have any useful information, please let us know.

[TaliaHuang]

plz can somebody give any advice??????

[Casa]

How long have you lived together with the documented evidence to support this?

In order to marry in the UK you would have to give notice with a Home Office designated Registry Office. The Registrar is then legally bound to notify the HO who can then extend the notification period from 28 to 70 days in order to interview you both separately before the wedding can go ahead, should they choose to do so.

[TaliaHuang]

How long have you lived together with the documented evidence to support this?

In order to marry in the UK you would have to give notice with a Home Office designated Registry Office. The Registrar is then legally bound to notify the HO who can then extend the notification period from 28 to 70 days in order to interview you both separately before the wedding can go ahead, should they choose to do so.

Thank you so much for replying. I am desperate to get any information useful.

It is a bit complicated about how long we have lived together. The reality is that we have lived together since September 2015 back in the university. Our rooms were in the same student flat next door to each other.Despite the fact that we practically cohabitated, we have separate tenancy contracts with the university. We started living together with on contract since last year September, which is only six months until now.

I do understand the notice period and the process of getting married in the UK. My main concern is, since my last EEA EFM application was refused, will I get deported while we are waiting to get married?

Or, if I reapply through EEA EFM just to buy me some time to get our marriage done, do I have to reapply within 14 days after receiving the refusal letter(on 29the March) from the HO?

[Casa]

Submit another EEA EFM application within 14 days of the previous refusal. However, I don't believe that an EEA extended family member has Section 3 protection.

"Applicants who are in the UK in breach of immigration laws
Please be aware that making this application does not automatically entitle you to remain in the
UK while your application is being considered. If you are a person who requires, but no longer
has, leave to enter or remain in the UK and the Home Office is satisfied you do not qualify for a
residence card or any other form of leave, you may be liable to be removed. If you are detained for
immigration purposes, you must immediately inform the Home Office and your detention centre
that you have submitted an EEA application."

Wait for others to advise further.

[goodpartner]

if she are married, would she have protection against deportation?

[TaliaHuang]

Submit another EEA EFM application within 14 days of the previous refusal. However, I don't believe that an EEA extended family member has Section 3 protection.

"Applicants who are in the UK in breach of immigration laws
Please be aware that making this application does not automatically entitle you to remain in the
UK while your application is being considered. If you are a person who requires, but no longer
has, leave to enter or remain in the UK and the Home Office is satisfied you do not qualify for a
residence card or any other form of leave, you may be liable to be removed. If you are detained for
immigration purposes, you must immediately inform the Home Office and your detention centre
that you have submitted an EEA application."

Wait for others to advise further.

Thank you for your kind advice.

Now I am really nervous. Does that mean that even if I reapply, the HO still have the right to come to my home all of a sudden, put me in jail and deport me?

Also, about reapply within 14 days, it is not written on my refusal letter though. Where does this rule come from? The date on the refusal letter is 22nd March. I received an electronic copy from my legal representative on 29th March. Then received the hard copy from my legal representative on 3rd April. Should I start counting from 3rd April or 22nd March?

Talia

[TaliaHuang]

if she are married, would she have protection against deportation?

Hi goodpartner,

We are not married yet. But we are planning to. And then apply through EEA FM route. My situation is really complicated. I feel like I am in a grey area and can be deported at any time. Can't even sleep properly at night. Sigh...Ç'est la vie

Thank you for your message.

Talia

[_hmld_]

if she are married, would she have protection against deportation?

Hi goodpartner,

We are not married yet. But we are planning to. And then apply through EEA FM route. My situation is really complicated. I feel like I am in a grey area and can be deported at any time. Can't even sleep properly at night. Sigh...Ç'est la vie

Thank you for your message.

Talia

Hi Talia,

How is it going with your re-application now? Would be good to know how you handled this at the end?


Thanks

[TaliaHuang]

if she are married, would she have protection against deportation?

Hi goodpartner,

We are not married yet. But we are planning to. And then apply through EEA FM route. My situation is really complicated. I feel like I am in a grey area and can be deported at any time. Can't even sleep properly at night. Sigh...Ç'est la vie

Thank you for your message.

Talia

Hi Talia,

How is it going with your re-application now? Would be good to know how you handled this at the end?


Thanks

Hi hmld,

I consulted several lawyers and was told that I don't have to submit the application within 14 days. I just have to do it asap. The 14 days rule apply to the point-based visa applicants, not EEA aproach applicants. So I am collecting more evidence of cohabitation. Then reapply. Then get married. It is not ideal, but that seems to be the only option for now.

I am hoping people can give me more advice here. What is your story?

Regards,

Talia