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Senior Partner
Senior Partner, Solicitor
Category: UK Law
Satisfied Customers: 13234
Experience:  30 years experience in business law and related topics such as employment law
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I applied br5 shen will get answer

Resolved Question:

I applied br5 shen will get answer
Submitted: 11 months ago.
Category: UK Law
Expert:  Thomas Judge replied 11 months ago.
Thanks for your question. Please remember to click ACCEPT once you get my answer.

Can you provide some detail and I can help
Customer: replied 11 months ago.
I havent receive answee
Customer: replied 11 months ago.
Relist: Answer came too late.
I need to know my answer
Expert:  Senior Partner replied 11 months ago.
Thank you for your question. The previous expert had asked for some more information to understand your problem and assist you.

Are you the non EEA family member of a Bulgarian or Romanian citizen? Is that why you have applied on BR5 ?

Are you saying you applied 7 months ago?

What nationality are you. Does you spouse or partner have an accession worker card?

You mention children are you applying for them ? What nationality do they hold.

When you reply please be kind enough to give full explanations. Thank you.

Customer: replied 11 months ago.
Thank you i am a pakistani national we came in this country before 7 years my wife apply asylum with one child after we have two more children born in uk my wife asylum refuse before one year and she granted discretionery leave to remain for / and half year they are also pakistani national.i didnt apply any thing before my brother have romanian wife with three kids and he lives inuk for last 5 years know i apply my visa as romaina extended family member i think i used br5 formits going to b 7 month i havent receive anything from uk ba .i amdependent of my romanian sister in law for last 6 years i also sent enough prove to ukba.can you please a answer my question
Expert:  Senior Partner replied 11 months ago.
Thanks that is helpful. I am assuming you are not asking me to comment on your chances of success but I can tell you the following:

a) UKBA does not acknowledge such applications that is their current practice; and

b) they quote a waiting time of 6 months for most applications but various freedom of information requests have indicated that in fact they take as long as 9 months to 2 years.

So there isnot much you can do but wait although you could try phoning up their general inquiry line although it is notoriously difficult to get through.

Let me know what else I can tell you

Customer: replied 11 months ago.
Thank you canyou also please reply my chances of success after my circumstances and any advise like should i apply family reunion application or i should wait this application only
Expert:  Senior Partner replied 11 months ago.
Can ou explain what you mean by family reunion?

Are you currently here illegally?

Form what you say you cam to this country on a different basis before your sister in law and before romania joined the EU. Does your sister in law have an accession worker card? What does she do that enable s her to support such a large extended family? Do you or any of your family receive any stare benefits?
Customer: replied 11 months ago.
Yes i am illegal here my wife and three kids have DLR for two and half year one of my child is disable and my wife is caring him and she also gets child tex credit and caring allowence.and my sister in law and my brother both r self emplyed and self sufficient and they have work accession card they r self emplyed for last 5 years and i amliving with them from day first.and she will only supprt me not my family so i am only her dependent family member.
Expert:  Senior Partner replied 11 months ago.
Ok thanks. In theory if you can show you are a dependent family member then you do not actually need the residence permit to live here lawfully. The problem of course without it is that you canto prove your right to work etc.

You are supposed to apply for an EEA Family Permit before coming here which you did not do so the UKBA may not be at all happy with giving the permit. However if you can prove you are wholly dependent upon your sister in law you might get away with it. You have to show that you were dependent upon them before they came here aswell - this is essential - the rules require you to have established the dependency before coming here - this is an extract
"The extended family member must have established his/her dependency or household relationship on the relevant EEA national in the country from which the EEA national moved to the UK. This is consistent with the wording of Article 3(2) of the Directive, which states that the person must be a dependant or member of the household of the EEA national in the country from which they have come;"

If you did not do that then your application will fail.

If you do get it then you could in fact be permanently resident if you have been here in that capacity for 5 years.
Customer: replied 11 months ago.
So thanks its my last question i also establish it that before coming this country we were living dubai for two years and i was dependent of them and we move together here.please tell me i should wait it for two year or i should apply family reunion which is better and quick way ease reply sor and thank so much for help
Expert:  Senior Partner replied 11 months ago.
I am not sure I understand what you mean by family reunion? Are you talking about a human rights application ? Is then no definitely not - if you can establish dependence then it is simply and further more it will mean you are not in fact here illegally and can once you have permanent residence within a year after you can apply for British citizenship. You will not be able to do that through any route other than the EEA application.

Customer: replied 11 months ago.
Actualy i come in this country on 6 month visit visa my wife apply asylumbut i didnt i live here without visa for 7 years.so i think i was illegal before applyong br5 application.i just want to know which route is better for me EEA or if my wife apply family reunion visa plz answer my question plz i need ur advise to go further because no answer from ukba after 7 month finish
Expert:  Senior Partner replied 11 months ago.

I have to aks you again , I do not understand what you mean by family reunion via. Are you saying that you should apply under the rules that allow reunion of asylum seekers families? That is bound to fail if your wife has been refused asylum. You would be better of to stick with the current application provided you can show you were dependent on your sister in law and came with her to the Uk. If your wife gets permanent residence you can apply to join her but you would have to leave the UK to do so under the current rules.

Customer: replied 11 months ago.
She have DLR and we have three children one disable child i am talking about that if she apply for me any catagery to unite the family unit its like family reunion application.or if i take contact order from court for kids than can i get any kind of stay or i dont need to go back my country.please reply
Expert:  Senior Partner replied 11 months ago.
If your EEA application is successful then the only basis of application is on the basis of the human act and the right to family life. That is not easy given you wife only has discretionary leave and you would be treated as illegal. It ma be worth trying if your EEA application fails but I would recommend you get a solicitor to help you make the application. I have no doubt if your children are born here and resident here you could resist deportation. if you r wife obtains settlement then it will be easier .
Senior Partner, Solicitor
Category: UK Law
Satisfied Customers: 13234
Experience: 30 years experience in business law and related topics such as employment law
Senior Partner and 2 other UK Law Specialists are ready to help you

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