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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Home office refused my residence card application, i married

Customer Question

Home office refused my residence card application, i married to the EEA national and the application with supporting documents was submitted December 2011 and i received the refusal notification back from home office dated December 2013, exactly two years.
Reason why one because they were unable to reach my wife company on telephone.
Secondly they said i would pose a threat to the requirement of public policy if i was allowed to remain in the united kingdom.
Submitted: 4 years ago.
Category: Law
Expert:  UKSolicitorJA replied 4 years ago.

Sorry to hear about this.

You may appeal against the refusal. They need to check that your wife is exercising treaty rights in the UK and you should give them an up to date contact address and telephone for your wife so that they can establish that she is indeed exercising treaty rights.

The second point you haven't said why you pose a threat to the public, if you don't pose a threat, then you should explain why.

Hope this helps
Customer: replied 4 years ago.

I think i need to to explain further the Home office refusal argument on my residence application and i would like you to advise me the merit of my 1st tier tribunal appeal hearing coming, because i have already send them my prepare bundle but my solicitor was too busy and i did not really get legal advise that i need.


My wife place of work has produce them letter to confirm that she still working at the same place of work and it difficult to believe that they telephone their office for 2years without able to speak to anybody, and without stating the day and time to call it was difficult for my wife place of verify that claim. part of the bundle contain letter from my wife place of employment to confirm she still working with them.


Secondly, because i was convicted of a a crime on two occasion but this crime was suspended sentences because the presiding judge accepted my mitigation that i was victim of circumstances because i was unable to work and i have a 6 years old son looking after. in details the nature of the two crime are i received dental treatment at private hospital and the payment cheque my friend made to the dental clinics bounced back and after a year i was arrested by police that i received dental treatment and i am still owing the dental clinic. the second other offense is when our house was repossess and i need to be dropping my son in school and i don't have any money with me and my family friend booked a taxi that i used to drop my son in school it was on about four occasions and i was arrested for booking taxi with false credit card number and all this happen in 2012 and home office argue that i did not disclose to them my conviction and my residence application was submitted 11 december 2011 and the offense was committed febuary 2012 and june 2012.

Expert:  UKSolicitorJA replied 4 years ago.

I am afraid the criminal convictions count against you. Although you may argue that these took place after you applied, which is why they were not declared in your EEA2 application form, the Home Office has decided that you are a risk to public safety and therefore refused you the Residence Card.


You should see how the appeal goes but I am afraid I do not see much chance of success due to your convictions, even if you received suspended sentences.


Sorry, but I can only advise you truthfully.


All the best

Customer: replied 4 years ago.

I understand your reply, but these is not violence crime and this is a crime committed because of economic difficulties. I did three master degree in this country but because i don't have right to work i was unable to make use of my career, secondly i don't see reason why that should result in separation on my partner that i legally married in registry, apart from my 3 master degree, i have leave in this country for more than 10years, i have been consistency in my sign in at reporting center of home office for more than 3years without missed any day. I also have a six years old son with my former partner that i was given parental custodial responsibility.

Also i set up a foundation in memory of my late mother to assist my community in the area of Health, education and empowerment, with former British ambassador as patron and also i do receive good reference letter from my MP, council councilor, my lecturer etc.


Because this refusal also affect my son application that i submitted as my dependent, and according to law he have right to continuous education.


I understand you don't have access to the refusal notice letter but if they manage to contact my wife place of work and i don't see how they will still refuse me because of my crime which partially is due to the fact that i was unable to work and i have a six years old child to look after without entitle to any government support.



Waiting to hear back from you.


Expert:  UKSolicitorJA replied 4 years ago.
I take your points on board but the UK has the power to refuse applicants under EU law whose presence is against public health, not conducide to the public good and public security.

Unfortunately, it is not me who will make the final decision but the Immigration Judge and you need to convice them that you are reformed and that you carried out the crimes in desparation and that you should be allowed to stay in the UK in view of your family life and rights under Article 8.

All the best

Customer: replied 4 years ago.

maybe i should send you the 10 point statement that i have already put forward to the immigration judge and you can use your legal expert idea to advise me other point i need to take into account. Also is my right Article 8 is it a strong argument.


What are the other area do i need to explore to make my argument strong, remember on a separate account i was subjected to monthly reporting at home office center for the past three year and they never interview for asylum application that is a separate application.

Expert:  UKSolicitorJA replied 4 years ago.
I am afraid this is a Q&A site and not designed to replace a face to face solicitor so our resources are limited.

I have already advised you as much as possible here and you should appoint a new solicitor if your current one is not being helpful.

All the best