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#1 irfan99

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Posted 10 November 2012 - 07:15 PM

Hi Everybody

I would like to ask a question for my friend,
My friend is living in UK from last 9 years, he had enter in UK as a student , he had now overstay almost 3 years, he is been in a relationship and living with his Czech national girlfriend from last 2.5 years. She works full time and has a 13 years old son from previous relationship.

In June 2011 he made an application for DL on FLRO form through his solicitor which was refused in August 2011 with No Right of Appeal, In October 2011 his Solicitor requested home office that his client be provided with an in-country right of appeal. My friend has been advised by solicitor that he will have to wait for home office to either give him an appeal or issue order for his removal which will allow him to get an appeal.

After a long and painful wait in September 2012 his solicitor received a letter from Home office , reoffering a request of an appeal letter which was made by his solicitor in October 2011, they asked them to send more evidence of his relationship which will allow them to consider The Request they have made.

They send them letters they have on their name along with the questioner form Home office has sent them.

Now just a week ago they have received a refusal letter with the Right of Appeal and stated that my friend has been now served with Form IS151A. The reason home office had made to refuse his application they are all based on the NEW Rules, stated that :
With regards to your clients eligibility under the new Immigration rules, application for family life in the UK, consider under Appendix FM is only available to those claiming to be a partner of a British citizen, a person settled in the UK, or a person with refuge or humanitarian protection leave, or the parents of a child( British citizen or settled here) in the UK.
My friends girl friend is Czech national and in UK over 2.5 years and she is been working since last 2 years which means she is not a settled person here at the moment.
I am sorry for the big post but I wanted to explain things as much clear as much I can.

I want to know what chances my friend has to argue his appeal, even though Home office has not recognize much that he has established a family life here but they have enough evidence to prove it. The only problem is they want to decide his application under new Rules.

Would there be any chance to argue and convince Home office in court to consider his application under old rules having consider that he had apply in 2011 and been refused with No right of Appeal and then further requested in 2011 to home office to allow him an appeal which was granted in November 2012 and now new rules are in affect.

Would it be too much to ask to consider him under old Rules ?
Any help or advise will be so helpful and I’ll be so grateful to you all.

Thanks
Irfan.



#2 vinny

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Posted 11 November 2012 - 03:15 AM

As your friend's girlfriend is a Czech national and not settled in the UK, then your friend should have applied under the EEA regulations.

#3 Visa Direct

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Posted 11 November 2012 - 11:12 AM

You friend can post here... he also has legal assistance so he should be getting advice from them as he is paying for it.

#4 irfan99

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Posted 11 November 2012 - 02:47 PM

Thank you so much for the replys, my friend doesn't have anymore legal assistance as his solictor wants to charge him 1500 to do his appeal, my friend cannot afford at the moment to pay any money so he is plannig to do his appeal on his own, the main point he wants to argue is,

Home office should deal his case under the old rules, does anybody think it would be possibel ?

after doing his appeal he is planning to do EEA2 unmarried application which he should have done at first place but he couldn't because he is been givin wrong advise.

any suggestion ?

Thanks
Irfan

#5 irfan99

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Posted 12 November 2012 - 03:22 PM

Hi

I have post a question earlier regarding my friend situation anyways,
My friend application had been refused for FLRO DL to remain and he has been served with the IS151A form.

My friend cannot afford to pay anymore money to his solicitor therefore he is Appealing on his own, he will lodge the appeal by Wednesday, as he is appealing on his own as he believe that it should be good idea to go with Paper appeal instead of Oral hearing.
Can someone please tell us how does the paper appeal works, how long does it usually takes to get the decision.

Plus my friend is planning to put an application for EEA2 as an unmarried partner by next week.
Would there be any issue to put another application while the Appeal is under process ?
Please give some advise.

Many thanks in advance.

Irfan.

#6 Visa Direct

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Posted 12 November 2012 - 03:52 PM

With these circumstances I strongly urge legal assistance, it's complicated. I wouldn't suggest a paper appeal also.

#7 irfan99

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Posted 12 November 2012 - 04:07 PM

Thank you so much for the reply, solicitor required £1500 to go in his oral hearing, my friend cannot afford at present and the deadline for appeal to be submit is this Wednesday, that’s why my friend think that he should take a chance and put the paper appeal as if he chooses to go on oral hearing by himself and with his partner, he would not be able to argue all the technical points about the law but he can present his paper appeal with strong evidences and request to consider him under the old Immigration rules where he would have great chances to be accepted.


Plus my friend is planning to put an application for EEA2 as an unmarried partner by next week.
Would there be any issue to put another application while the Appeal is under process ?
Please give some advise.

Many thanks in advance.

Irfan

#8 Alban

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Posted 12 November 2012 - 07:33 PM

Have your friend spoken to VisaDirect maybe it could be cheaper

#9 Victoria

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Posted 13 November 2012 - 10:17 AM

Your friend is wrong. Even if he can't afford representation (and there are cheaper reps out there) he should ask for an oral hearing.

#10 irfan99

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Posted 14 November 2012 - 02:16 PM

It came to our knowledge yesterday that while his appeal will be in process he will not be eligible to put another application (which he wanted to put under EU Law on EEA2). Anyways.

My friend has put his appeal for Oral hearing as everybody was advising that, he is hoping that by the time oral hearing date will come he will manage to arrange some money and will hire someone to represent him.

Is there somebody who would charge less money and do my friend representation ?

Thanks a lot for everyone comments.

Irfan




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