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Can I Apply Under Eea2 Rules?


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#1 kimmyT

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Posted 02 December 2012 - 06:43 PM

hi everyone,

i have been living in the uk for the past 8 years after coming here on a six months visa. i have been an overstayer ever since the visa expired in feb 2005.

i made an application under article 8 in 2008 and was refused in 2010. i have since aquired the services of an immigration solicitor on legal aid. i made a new application in april of this year as the unmarried partner of a british citizen under article 8. i haven't heard from the h.o since.

my questions are:

1. i was told today about the eea2 application by a friend and i am now wondering if thats a route i can take even though i have an application pending?

2. i know that the h.o have made changes to their rules and one such rule states that after october 1, those who have overstayed their visa for more than 28 days cannot make any application for leave to remain. would this new rule bar me from making any further application?

thanks for your kind help



#2 Victoria

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Posted 02 December 2012 - 08:30 PM

Your friend is wrong. You should listen to your solicitor.

#3 kimmyT

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Posted 02 December 2012 - 08:45 PM

thanks for your reply victoria.

do you know if it would be safe for me to visit the embassy for my country to apply for a new passport? my old passport was with eld by the h.o when my application was refused in 2010, and it has also expired.

#4 Victoria

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Posted 02 December 2012 - 09:16 PM

Ask your solicitor.




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