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monoroko · Jan 19, 2011, 04:11 AM

Hi yesterday Home office refused my partner and my application for EEA2 reson was that we are not together for 2 years. We are as a couple for 1 year because my partner got 2 years visa and its expire in march 2011. We have a right to appeal and we will do it but I need a hel with it. I can say that my 4 years old son loves him a lot and thanks to him our life is better now.he isn't working as ho said he is not allowed so we follow all the decisions, what to do? How to fight?

smoothy · Jan 19, 2011, 05:43 AM

They have to leave by the date indicated, if they don't their status becomes illegal, and any appeal or further action becomes far more complicated. In some cases impossible.

File the appeal... but unless they grant a stay they will still have to leave pending its review.

monoroko · Jan 19, 2011, 05:47 AM

But got the chances to win in court?

smoothy · Jan 19, 2011, 06:48 AM

There is always a possibilility. Let me explain what I mean by them granting a stay... It occurred to me after I wrote that, English wasn't your first language. If they grant a stay, it means they will temporarily delay the date they have to leave. If they are told to go and don't, any application in process or they may want to file will most likely be rejected because of a current violation of the law. So be sure you understand what they tell you to do. And do exactly that.

monoroko · Feb 2, 2011, 06:46 AM

Right so I've filled up the appeal and today got the letter from HO that they need some expalnation about it because they got it late and on the refusal letter was 2 dates first from December and secnd from January the 5 th and received letter was on 14 of January and deadline for appeal was for 21st of January. The appeal was send to them by fax on 20 and again they want explanation why why why... I don't know but every morning I have miss calls from privet number and once when I pick up phone no one say anything. He is signing the list every week in reporting centre and honest nw don't know what to do with HO

smoothy · Feb 2, 2011, 07:19 AM

You are going to have to type what they sent you because the answer you are looking for might be in it. If they need an explanation... they will tell you what needs explained.

lawanwadee · Feb 2, 2011, 12:51 PM

Home Office is very strict on 2 years rule. Appeal won't work in this case, your partner will have to leave when visa expires.

Get married, so you don't have to wait for 2 years... consult experienced immigration lawyer.

smoothy · Feb 2, 2011, 01:09 PM

lawanwadee, are you sure you didn't have a typo?
From my own personal experience with the INS (I was a Citizen.. wife wasn't, but she didn't come here illegally either and was my wife when she did )... marriage doesn't give an exemption with INS. It only complicates it. Once your status is illegal... its still illegal with or without a marriage license. If they issue an order of deportation then things REALLY get complicated.

lawanwadee · Feb 2, 2011, 02:40 PM

We are talking about UK visa, not US.

smoothy · Feb 2, 2011, 05:35 PM

Originally Posted by lawanwadee

We are talking about UK visa, not US.

Ok... I've got to read back through the thread... I thought we were talking about in the USA for some reason. That would make all the difference in the world.

EDIT: after looking at terminology used again... I think I saw where I misunderstood what country.