This application will not succeed.

They will refuse it as you do not qualify, for the reasons that has already been provided.

I have not hard of an approval in a long British for British family members. It will be interesting to see a successful update.

The card that beneficiary of a successful PR application will receive in this scenario is withdrawal agreement beneficiary card valid for 10 years.

I hate to be the bearer of bad news, but I find it hard to see what defense your lawyer could put in circumstances where the children did not reside with you in another member state.

Speaking for myself, I must say I am rather puzzled as to his reason for making you proceed with this, but good luck.

Immigration Service Delivery or INIS as it used to be called, is part of the Department of Justice. They are not really a separate body.

It is just incompetence, as the IT team can do both simultaneously, as it is the same IT team responsibile for the DOJ that runs their IT also.

Why cant the sister apply for pre-settlement in her own right.

They can only ask for those documents if she is applying for a Registration certificate.

It may be that as treaty rights was not exercised they refused on that basis.

Did your sister previously had an EEA family permit.

I follow now. The Regulations in question is this one.

http://www.justice.ie/en/JELR/SI_728_of ... f_2020.pdf

just received a letter from EU treaty right division, says:as your application for a permanent residence card was received after the end of the transition period, your application is deemed to be an application for a permanent residence document made under regulation 12 of eu regulation 2020 I neve...

What is your relationship to the person you were applying to come and join you?

The UK was once a memberstate until brexit, i wonder how the court will interpret Surinder Singh in these circumstances.

I do not think Kamoe is acting in bad faith. I believe for too long people tend to conflate the UK provision for Unmarried partner as synonymous with the EU concept of Durable Partner. Which is not always the correct approach. Kamoe's advise is correct in many respect. The relationship has to be Dur...

I do not agree with the statement that 2 years of Cohabitation is required for a person to be classified as Durable partner, a Durable Relationship could conceivably come into existence without a 2 years cohabitation. There could be joint financial commitments, child in the relationship, but due to ...

The option for unmarried partner to come under EU law, is still open, provided your relationship became durable before the 31-12, and your partner first apply for EEA family permit.

Maybe after 30-06, policy may change, but at present your partner will need to apply for EEA family permit.

Is your wife still in the UK? Good afternoon @ Obie ,thank you for responding to my query. I am the wife or was the wife and do have full custody of an EEA Child . Yes my formal spouse is still in UK working and still lives in our old house . You may apply based on custody of the chid, you may do s...

Is your wife still in the UK?

The information he was given is wholly wrong and he will not succeed. He will need to first apply for a Residence card, unless the EU child was over 18, in which case he could use the app and apply as a parent of that child.

Option open now may be threat of legal action, which will appear to have merits, if decision is not overturned.

No power in law for a review to be reopened..

That position seems wholly wrong as period as a family member and period and period following retention can be added.
To require you to get a new set of 5 years seems clearly unlawful.

I am not convinced that a lawful competent judicial officer will be inclined to share the views of the Home Office.