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UKBA finally acknowledge 'Eind' case!

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

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mstevens
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UKBA finally acknowledge 'Eind' case!

Post by mstevens » Sun Aug 12, 2012 1:54 pm

Hi guys,

I sent a Freedom of Information request to the UKBA regarding their handling of the 'Eind' case.

Their answer is quite comprehensive and confirms that case workers have been trained to deal with Eind cases.

Take a quick look at it and let me know your thoughts:

http://www.whatdotheyknow.com/request/t ... ber_c_2910

edit: link fixed
Last edited by mstevens on Sun Aug 12, 2012 7:14 pm, edited 1 time in total.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sun Aug 12, 2012 2:28 pm


EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sun Aug 12, 2012 2:48 pm

Very interesting indeed.

achi007
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Eihind Case

Post by achi007 » Mon Aug 13, 2012 1:17 pm

Its a welcoming news that UKBA recognizes that a returning uk citizen must not necessarily be a qualify person before his spouse is issued a 5yr residence card.
My question is what happen after 5yrs?

will the UK citizen will be required to be in continuous 5 yrs employment before the spouse can get PR.

I have just called the UKBA and i belief the officer i spoke to was saying rubbish when she said both proof that the uk citizen had been in employment in other member country before returning to uk + proof that the uk spouse has been in employment for 5 yrs preceding the wife's PR application in uk.

If the UK citizen do not need to be a qualify person then(during first 5 yrs stamp) why does he (uk citizen) now need to be a qualify person for his wife to apply for PR?

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Mon Aug 13, 2012 3:16 pm

Thank you mstevens for doing the request!

achi007
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Re: Eihind Case

Post by achi007 » Tue Aug 14, 2012 6:41 am

achi007 wrote:Its a welcoming news that UKBA recognizes that a returning uk citizen must not necessarily be a qualify person before his spouse is issued a 5yr residence card.
My question is what happen after 5yrs?

will the UK citizen will be required to be in continuous 5 yrs employment before the spouse can get PR.

I have just called the UKBA and i belief the officer i spoke to was saying rubbish when she said both proof that the uk citizen had been in employment in other member country before returning to uk + proof that the uk spouse has been in employment for 5 yrs preceding the wife's PR application in uk.

If the UK citizen do not need to be a qualify person then(during first 5 yrs stamp) why does he (uk citizen) now need to be a qualify person for his wife to apply for PR?
Can any one advice me or has anyone been in the situation, because my ee2 residence card will be 5yrs in 2013 and then i will need to either wait for another 1 yr to apply for naturalization or I need to apply for PR first.

achi007
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Re: Eihind Case

Post by achi007 » Wed Aug 15, 2012 6:53 am

achi007 wrote:
achi007 wrote:Its a welcoming news that UKBA recognizes that a returning uk citizen must not necessarily be a qualify person before his spouse is issued a 5yr residence card.
My question is what happen after 5yrs?

will the UK citizen will be required to be in continuous 5 yrs employment before the spouse can get PR.

I have just called the UKBA and i belief the officer i spoke to was saying rubbish when she said both proof that the uk citizen had been in employment in other member country before returning to uk + proof that the uk spouse has been in employment for 5 yrs preceding the wife's PR application in uk.

If the UK citizen do not need to be a qualify person then(during first 5 yrs stamp) why does he (uk citizen) now need to be a qualify person for his wife to apply for PR?
Can any one advice me or has anyone been in the situation, because my ee2 residence card will be 5yrs in 2013 and then i will need to either wait for another 1 yr to apply for naturalization or I need to apply for PR first.
I wish someone shares their knowledge/experience of this PR and Eind case. Please.

achi007
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Re: Eihind Case

Post by achi007 » Thu Aug 23, 2012 9:51 pm

achi007 wrote:
achi007 wrote:
achi007 wrote:Its a welcoming news that UKBA recognizes that a returning uk citizen must not necessarily be a qualify person before his spouse is issued a 5yr residence card.
My question is what happen after 5yrs?

will the UK citizen will be required to be in continuous 5 yrs employment before the spouse can get PR.

I have just called the UKBA and i belief the officer i spoke to was saying rubbish when she said both proof that the uk citizen had been in employment in other member country before returning to uk + proof that the uk spouse has been in employment for 5 yrs preceding the wife's PR application in uk.

If the UK citizen do not need to be a qualify person then(during first 5 yrs stamp) why does he (uk citizen) now need to be a qualify person for his wife to apply for PR?
Can any one advice me or has anyone been in the situation, because my ee2 residence card will be 5yrs in 2013 and then i will need to either wait for another 1 yr to apply for naturalization or I need to apply for PR first.
I wish someone shares their knowledge/experience of this PR and Eind case. Please.
I spoke to a solicitor friend today regarding what will be required to get the PR through Eind case.
He seems to belief the British spouse does not also need to be in continuous employment for 5yrs for me to qualify for PR.

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Post by Obie » Thu Aug 23, 2012 10:14 pm

I believe that following the Eind judgement, only proof of residence of the British national will be required for the 5 years preceding the application for PR by the non-EEA family members.
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