Jump to content




Photo

Appeal against Refusal of EEA Family Permit or a new application


  • Please log in to reply
5 replies to this topic

#1 Maarit

Maarit

    New Member

  • Active Members
  • 21 posts
  • Gender:Female
  • Location:Estonia/West Yorkshire
  • uk

Posted 09 December 2007 - 12:53 AM

Hi all
Having read for an hour this forum I am more frustrated and desperate than I was before :angry: .

I am Estonian living already 3 years in UK and I met my husband who is Moldovan over the internet in July 2006 and started active communication and fell in love. In February 2007 I went over to visit him to Moldova and he asked me to marry him. Of course I said yes. A month later I discovered that I was pregnant. We tried to get visitor visa for him then, but it was refused. We got married in my country in September and were hoping to be together when our child is born. But my husband was refused of EEA Family Permit on the 1st of November on the grounds that our marriage is not genuine, and that we didn't provide enough evidence that I will be able to support him, cause I do not have savings and was working part-time and doing some business on my own, and so on and so on . The list was 2 pages long.
So my husband couldn't be here when our baby daughter was born on the 5th of November. And it is absolutely sad and I am crying even now when I think how unfair it is.
We did appeal through IAS UK against this decision, but they say it will take time. Hopefully they will get the case to court in January.

Now I am being on my own with our daughter for a month and it is getting harder and harder and we would like to have our daddy with us. So a friend of ours suggested help of solicitor who will for a good money help as with the documents for a new application. But he said to me that in order to do that we need to withdraw the appeal against the refusal, otherwise "he is just waisting his time with us"

So, my question is - can we still go on with the appeal and at the same time make a new application for my husband?
The thing is as my husband is not working currently in Moldova and I am getting Maternity Allowance because of my 1 month old baby, our financial situation is very crap and I wouldn't like to borrow huge amount of money and pay for something we don't know that will work for sure.

I am absolutely devastated, confused and stressed thanks to UK Immigration Rules that really do not count family life as a main thing in human life :(

Many thanksin advance for help

Edited by Maarit, 09 December 2007 - 12:55 AM.




#2 AksanaT.

AksanaT.

    Senior Member

  • Active Members
  • 209 posts
  • Gender:Female
  • Location:West Sussex
  • gb

Posted 09 December 2007 - 10:04 AM

Hi Maarit
The appeal process can take up to 1 year. I went through all these troubles. My appeal case took exactly 1 year. So if you can provide more evidences about your finances and your relationship I advise you to re-apply. But you said you have not any saving and you work part time I think it will be more complicated to prove that you can support your husband without public fund. What about accomodation? Where are you going to live with your husband?
So I think as well you should ask a legal advise to solicitor because every case is different and as well I thought that EEA Family Permit doesnt mean that you have to meet finances requiment.

Any way good luck to you. Удачи

Aksana

#3 Hope

Hope

    Senior Member

  • Active Members
  • 207 posts
  • Gender:Male
  • Location:London
  • uk

Posted 09 December 2007 - 10:54 AM

Congratulations for your first baby together! Though not ideal, do try to find comfort in the fact that daddy will be holding her sooner rather then later.

I believe I have read somewhere on here before that a fresh application CAN be made at the same time an appeal is going through the system. I am sure someone will come along and clarify this point for you.

I wish you all the best, Stay strong and justice, im sure will prevail for you.



Hope

#4 Maarit

Maarit

    New Member

  • Active Members
  • 21 posts
  • Gender:Female
  • Location:Estonia/West Yorkshire
  • uk

Posted 09 December 2007 - 01:30 PM

Thanks for your replies.

Aksana, udaci nam nada ocen mnogo.
It doesn't sound good to wait for a year until the appeal goes through.
I would really appreciate if someone who knows FOR SURE if there really CAN BE an appeal and new application in the process will answer:) This solicitor I saw on friday, said that NO WAY. But I would ike to have a second opinion.

The thing with my finances is not very good because a I said at the moment I am getting MA + Working Tax Credit. Soon I will hopefully get Child Benefit and Child Tax Credit as well. So there is no way I will be able to support him without the help of public funds. Actually we do need my husband here in order to go to work and support his family and pay taxes to UK government.

Regarding my accomodation, I am renting 2-bedroom apartment and now I do have letter from my landlord that it is suitable for family (i did not know that we need it, because there was nothing on the VisaUK page about this). Now I am actually getting Housing Benefit as well to help me pay my rent. So it does not look very good. And I have only 400 on my savings account.

It is just so unbelievable and I've been crying all night :( It seems just so hopeless :banghead:

Edited by Maarit, 09 December 2007 - 01:30 PM.


#5 iraqimmigrant

iraqimmigrant

    Prefered Member

  • Active Members
  • 1,378 posts
  • Gender:Male
  • uk

Posted 09 December 2007 - 07:58 PM

Sorry to hear about your stress,I think you have a really compassionate case that should have been accpeted.All what you need to do is to get an experienced and a friendly solicitor.appeal times vary according to the case complexity,Good Luck

iraqimmigrant


Thanks for your replies.

Aksana, udaci nam nada ocen mnogo.
It doesn't sound good to wait for a year until the appeal goes through.
I would really appreciate if someone who knows FOR SURE if there really CAN BE an appeal and new application in the process will answer:) This solicitor I saw on friday, said that NO WAY. But I would ike to have a second opinion.

The thing with my finances is not very good because a I said at the moment I am getting MA + Working Tax Credit. Soon I will hopefully get Child Benefit and Child Tax Credit as well. So there is no way I will be able to support him without the help of public funds. Actually we do need my husband here in order to go to work and support his family and pay taxes to UK government.

Regarding my accomodation, I am renting 2-bedroom apartment and now I do have letter from my landlord that it is suitable for family (i did not know that we need it, because there was nothing on the VisaUK page about this). Now I am actually getting Housing Benefit as well to help me pay my rent. So it does not look very good. And I have only 400 on my savings account.

It is just so unbelievable and I've been crying all night :( It seems just so hopeless :banghead:



#6 Victoria

Victoria

    Prefered Member

  • UK Immigration Consultants
  • 42,795 posts
  • Gender:Female
  • Location:London
  • Interests:MediVisas UK LLP

    Level 3 OISC Immigration Specialists
    Consultations by appointment only

    Tel: +44 (0) 207 953 3090
    Fax: +44 (0) 207 953 3091
  • uk

Posted 11 December 2007 - 09:15 AM

You absolutely categorically CAN lodge a new application when there is an outstanding appeal.

See 27.8 http://www.ukvisas.g...d=1035898737392

Victoria




0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users