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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7475
Experience:  BA (Hons), PgDip, Practising Solicitor
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With ban of uk, no i dont wanted to, yes

Customer Question

hello
JA: Hi. How can we help?
Customer: with ban of uk
JA: Have you talked to a lawyer yet?
Customer: no i dont wanted to
JA: Anything else you think the lawyer should know?
Customer: yes
Submitted: 3 months ago.
Category: UK Immigration Law
Customer: replied 3 months ago.
i am from pakistan i am 30 years old male. i was visiting uk, because of some exceptional corcumnstances i was applied asylum in uk but it was certified unfounded with the section 94/2. i was detained while i went to report in liverpool home office. i was given right of appeal out sode the country, i decided to buy my own ticket ajd returned to pakistan. (the home office also given me a letter stating that thank u for vointrily returning and this is subject to one year ban after this u can apply applications for the uk accordance with the immigration law) so i left uk ajd appealed the decision which is lost. my appeal process with uk as permission of appeal for upper tirbunal is on going, it is not decided from them that will i be able to further appeals etc.
1 my question is that during appeal is my one year ban expired ?
2 can i apply application as extended family member for uk as family permit in EU regulations? if yes will this be any problems for me with this ban if due to my appeals of asylum this ban is still valid?
3 my brother is in uk as self employed who is soposnor for the me so should i withdraw my asylum appeals before apply family permit?and further more about me i was on family visit visa while i was applied for asylum, i have no criminal records in uk, but only the breached immigration history has been established. so all i want to know how strongly i will have chance to returen in uk with EU soponsor who has been establisheing treaty rights in UK. please advise me. and i was return from uk to pakistan in end of april 2015 and its august 2016. i need ur best suggetions. thank u.
Expert:  Thomas replied 3 months ago.

Hi

Which family member is the EEA national please?

Tom

Customer: replied 3 months ago.
belgium
Expert:  Thomas replied 3 months ago.

Hi,

Thanks.
What was the approximate date of the letter in which you were informed of the ban?

As to your EEA family permit application, which family member would your base your application on? Your brother?

Tom

Customer: replied 3 months ago.
the letter was given me before few days before flight because i ws accpeted and explained them that i would like to be returend and they have been provided the letter of ban which is explaining a one year ban on me
Expert:  Thomas replied 3 months ago.

Okay, so you were given that in April 2015?

As to your EEA family permit application, which family member would your base your application on? Your brother?

Customer: replied 3 months ago.
Expert:  Thomas replied 3 months ago.

Yes to both questions?

Customer: replied 3 months ago.
letter was provided me 23 april 2015 that a voluntarily depart ban of subject to one year and after i bought my own ticket the letter was provided me on 27th april 2015 of confirmation of acknowledgement and i was left uk on 29th april 2015. i waiting ur full and final answer plz. i know that in eu regulation family permit is not subject of any ban against immigration rules uk. how ever a Lawer suggetion can be more good.
Expert:  Thomas replied 3 months ago.

Hi

Thanks for your question. I will try to help.

The ban has expired, so this is not likely to be an issue that you cannot get around, particularly if your application was based on EEA rules.

The problem is that you can only quality as an extended family member in certain circumstances. This is where you must be able to show that you are “dependent” on your bother.

Dependency means that you must be able to show that wholly or mainly financially dependent on your brother to meet your essential needs, which means that you would not be able to live where you are now without the financial help of your brother. If you are capable of working in your home country and supporting yourself there then you would not qualify.

If there are other family members in your home country then you would also not be regarded as “dependent” and could not therefore apply.

If you had a serious health condition and relied on the support/money that your brother gave you and there were no persons in your home country that could give you money/support then this would help you in claminig you are a dependent for the purpose of the EEA rules.

In summary, the ban is not likely to be the big issue but your eligibility in proving that you are a dependent of your brother is going to be a considerable issue.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 3 months ago.
i understand ur answer, my eu soponsor is providing me funds every month. but i have other family too as i am living with old parants. there is nothing which i can see in eu regulations that it must be. but i am unemplyed and only source of income is from eu for show in file.so no one other in home country providing me support except accommodation. so what is ur suggetion now?
Expert:  Thomas replied 3 months ago.

Hi,

Well, the financial contribution from your brother is helpful but it does not prove that you a wholly/mainly dependent on him because (1) you live with your parents (so they are helping) and 2) you are unemployed (meaning that if you had a job you would likely not require your brother's help.

Basically, you can expect the home office to be likely to reject the application and personally I would probably discourage applying if you do not have a health conditoin on basis that the chances of it being approved are significantly below 50%.

However, if you are minded to make an application given the low probability of sucess then you should only do so by instructing a UK based solicitor to make the application for you because it's complicated by the fact that your dependency is not at all clear.

Please remember to leave feedback.

Tom

Customer: replied 3 months ago.
but if i explain eco that i am unable to work due to deafness, cant clearly listen will this work for me and other side parents provide a affidavit that they are unable to support me properly due to their old age?
Expert:  Thomas replied 3 months ago.

Hi,

If you are deaf and genuinely cannot work because of this then this would help hugely, yes, this would improve your chances of proving dependency and getting the visa. However, you still need to instruct a solicitor in order to prepare the application for you because it's not a straight forward one.

Please leave feedback

Tom

Customer: replied 3 months ago.
the uk has proof of this already relate to nhs that my one left ear doesn't work other side i have a problem with right ear which is relate to other diffrent problems. but u also told that i would have asked to a lawer, but they always don't help, would u suggest any lawer in uk who help out side the uk more than within the uk?
Expert:  Thomas replied 3 months ago.

I cannot give recommendations under the conditions of this site.

You need an experienced (5 years + qualified solicitor).

I have answered your question. Please leave feedback now.

Tom

Customer: replied 3 months ago.
my asylum appeals is in stage of permission of appeal for upper tirbunal, as i have seen some sites of home office that uk will not consider appleant out side the uk while non suspensive appeal processes on going. so will i have to sure after ur answers that my ban was started and finished. please confirm me.
Expert:  Thomas replied 3 months ago.

Personally, I would see the appeal through if it is still in progress because the family permit application should be treated as a last resort.

Then, if your appeal is unsuccessful then you can still attempt to apply for a family permit.

Tom

Customer: replied 3 months ago.
i did not get ur mean.
Expert:  Thomas replied 3 months ago.

If you still have an ongoing appeal then do NOT withdrawn it. See what happens and then apply for a family permit if it is refused..

Customer: replied 3 months ago.
i had right of appeal against refusal of asylum with non suspensive appeal. so if this is an issu i will have to wait after final decisions of court than i will have to espect starting time. the other side in decision court also considerd that i will be able to visit familg in uk even after failed asylum. this is only the reason that i went to upper tirbunal for asking directions or recommendations for me for further files uk to eco.
Expert:  Thomas replied 3 months ago.

My answer remains the same.

Please leave feedback

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