WHAT APPLICATION CAN I MAKE NOW

[Paghedo]

I came to the UK in 2004 and by 2009 I was issued a 5years extended family member of an EEA permit as my sister was married to an EEA at the time. About a year as I was issued my stay my sister and her husband divorced and I too went ahead to get married. My wife was a student at the time. we have two children together ages 5 and 3years now. At the expiration of my 5years which was in 2014. I applied for my permanent residency but I was refused. I was refused because my sister has gone ahead to become a British citizen and my brother in law is no longer in the UK.
I requested for a reconsideration but it was refused. I have proceeded with a JR.
Can anyone give me any advice on the best line of action to resolving this.

[Obie]

Why go for Judicial review? Did you not have an appeal right?

[Paghedo]

I was not given a right of appeal.

[Obie]

I was not given a right of appeal.

Well that is clearly unlawful and ought to be judicially reviewed.

[noajthan]

I came to the UK in 2004 and by 2009 I was issued a 5years extended family member of an EEA permit as my sister was married to an EEA at the time. About a year as I was issued my stay my sister and her husband divorced and I too went ahead to get married. My wife was a student at the time. we have two children together ages 5 and 3years now. At the expiration of my 5years which was in 2014. I applied for my permanent residency but I was refused. I was refused because my sister has gone ahead to become a British citizen and my brother in law is no longer in the UK.
I requested for a reconsideration but it was refused. I have proceeded with a JR.
Can anyone give me any advice on the best line of action to resolving this.

Just wondering, on what grounds did you request a reconsideration of the refusal?

Is it not the case that an extended family member does not have an option for a retained right of residence?

Ref: http://www.immigrationboards.com/eea-ro ... l#p1119953

[Paghedo]

what advice can anyone offer as it it now?

[Obie]

They have to give you a right of appeal which you are entitled to, and then you can make your case. And you do have a case.

[Paghedo]

Hello Obie, you mentioned i have a case but how do you mean? please advice further as i am very confuse and don't seems to know where to start from.please if its ok, i would like to have your contact and chat with you more. thank you.

[Obie]

You gave a case,,as there was no appeal right granted.

In terms of the merit, I believe there are. The fact that your sister subsequently became British, should not affect that as you retained a right of residence upon her divorce, as you constituted a family member of her.

[Paghedo]

Hello Obie,
what line of action do you suggest i take at this stage now?

[Obie]

Why were you not given a right of appeal under Regulation 26.

Your ultimate remedy will only be obtained from an Appeal and not a JR.

So I will suggest your fight is focused on the fact that you have been refused a right of appeal to which you are entitled.

[Paghedo]

Hello Obie, thank you for your response. if am to go the appeal rout as you have suggested, how do i proceed from here ? how do i need to request my entitlement to right of appeal ?

[Paghedo]

Hello Obie, thank you for the advice. i will explore this rout and keep you posted.

[Paghedo]

Hello, I need advice on the best option available to me now.
I came to the UK in Nov.2004 and by 2008; I made an EEA application as an extended family member of EEA as my sister was married to one at the time. I was then issues with a 5years residency but by 2010, my sister and her EEA husband parted ways and at the time I did not understand the impact this could have on my status.
I applied for my permanent residency in Dec.2014 and was refused in 2015, it been a back and front situation and sometimes am just in the dark as not sure of what to do. The most recent application for the permanent residency was made in Feb.2018 and it was refused again but with a right of appeal. I initiated the appeal but I just got reply from tribunal services that is been dismissed. i have a 7years and a 5 years old.
I need advice on the best next line of action.
Many thanks.

[vinny]

Posts merged.

[Paghedo]

Hello, I need advice on the best option available to me now.
I came to the UK in Nov.2004 and by 2008; I made an EEA application as an extended family member of EEA as my sister was married to one at the time. I was then issues with a 5years residency but by 2010, my sister and her EEA husband parted ways and at the time I did not understand the impact this could have on my status.
I applied for my permanent residency in Dec.2014 and was refused in 2015, it been a back and front situation and sometimes am just in the dark as not sure of what to do. The most recent application for the permanent residency was made in Feb.2018 and it was refused again but with a right of appeal. I initiated the appeal but I just got reply from tribunal services that is been dismissed. i have a 7years and a 5 years old.
I need advice on the best next line of action.
Many thanks.

[CR001]

Posts merged.