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by Obie
Tue Jan 05, 2021 10:04 pm
Forum: EEA-route Applications
Topic: EEA Pre-settled granted - what if divorce ??
Replies: 179
Views: 20902
Ireland

Re: EEA Pre-settled granted - what if divorce ??

If you meet the requirements for retained rights in Appendix EU, then they will not revoke. But the notion that it is some form of independent right, is wholly misconceived.
by Obie
Tue Jan 05, 2021 8:01 pm
Forum: EEA-route Applications
Topic: EEA Pre-settled granted - what if divorce ??
Replies: 179
Views: 20902
Ireland

Re: EEA Pre-settled granted - what if divorce ??

Annex is 3 paragraph A3.2 of Appendix EU, clearly does not support what you are saying. Yes there is a proportionality assessment that will need to be undertaken, that is a standard process in EU law, but it clearly provides for curtailment if a person cease to meet the conditions of Appendix EU. Pr...
by Obie
Tue Jan 05, 2021 7:22 pm
Forum: EEA-route Applications
Topic: EEA Pre-settled granted - what if divorce ??
Replies: 179
Views: 20902
Ireland

Re: EEA Pre-settled granted - what if divorce ??

EU resolution team knows nothing about the law.

I fully agree with the lawyer on the law. If you split up and UKVI is aware, your leave will be curtailed.

It is not an independent right until you qualify for Settled status.
by Obie
Mon Jan 04, 2021 1:40 pm
Forum: EEA-route Applications
Topic: Latest published information on EEA documentation
Replies: 1
Views: 339
Ireland

Re: Latest published information on EEA documentation

I believe that is consistent with the withdrawal agreement.

Unmarried partner of a Qualified person can still continue to apply .
by Obie
Sat Jan 02, 2021 7:14 pm
Forum: EEA-route Applications
Topic: Chen vs Ibrahim and Teixeira
Replies: 33
Views: 1289
Ireland

Re: Chen vs Ibrahim and Teixeira

Those caselaw that predates UK's departure can still be relied upon and binding aswell.
by Obie
Sat Jan 02, 2021 6:51 pm
Forum: EEA-route Applications
Topic: EU settlement scheme rights
Replies: 28
Views: 1304
Ireland

Re: EU settlement scheme rights

I beg to differ. MPs has specialised teams of assistance in their surgery, responsible for immigration matters. Their is a special MP liason team at the UKVI. These officials are paid for by tax payers money, so I do not accept they are just doing it to get votes. MP have individual and collective r...
by Obie
Sat Jan 02, 2021 6:32 pm
Forum: EEA-route Applications
Topic: EU settlement scheme rights
Replies: 28
Views: 1304
Ireland

Re: EU settlement scheme rights

It is illegal in Northern Ireland for a Unionist or loyalist MP to treat his constituent differently because they are from Catholic or Republican persuasion. I beg to differ with Secretsimon on the roles of the MP. I do not see a bright light between liaising and representation. They are pretty much...
by Obie
Sat Jan 02, 2021 6:16 pm
Forum: EEA-route Applications
Topic: EU settlement scheme rights
Replies: 28
Views: 1304
Ireland

Re: EU settlement scheme rights

Based on the facts you provided, your partner is a person from Northern Ireland.

You do benefit from section 3C.
by Obie
Sat Jan 02, 2021 5:39 pm
Forum: EEA-route Applications
Topic: EU settlement scheme rights
Replies: 28
Views: 1304
Ireland

Re: EU settlement scheme rights

If what you are saying is correct, then you will benefit from section 3C rights whiles the application is pending.
by Obie
Tue Dec 29, 2020 11:33 pm
Forum: EEA-route Applications
Topic: Pre-settled status holder sponsoring Non-EU fiance via UK family visa
Replies: 10
Views: 269
Ireland

Re: Pre-settled status holder sponsoring Non-EU fiance via UK family visa

Cannot argue either way. Need to study it much more. This is an issue the Upper Tribunal face several years back in the case of RK. It may well come sometimes in the future in the case of RK. The only difference between the 2 categories of sponsors appears to be nationality. They both have similar r...
by Obie
Tue Dec 29, 2020 11:18 pm
Forum: EEA-route Applications
Topic: EEA Extended FM settlement scheme
Replies: 161
Views: 3565
Ireland

Re: EEA Extended FM settlement scheme

The decision is correct. You should have applied for EEA family permit first.
by Obie
Tue Dec 29, 2020 10:12 pm
Forum: EEA-route Applications
Topic: Pre-settled status holder sponsoring Non-EU fiance via UK family visa
Replies: 10
Views: 269
Ireland

Re: Pre-settled status holder sponsoring Non-EU fiance via UK family visa

Also see: “(c) in the UK with refugee leave or with humanitarian protection; or (d) in the UK with limited leave under Appendix EU, in accordance with paragraph GEN 1.3.(d); or (e) in the UK with limited leave as a worker or business person under Appendix ECAA Extension of Stay, in accordance with p...
by Obie
Tue Dec 29, 2020 8:40 pm
Forum: EEA-route Applications
Topic: Pre-settled status holder sponsoring Non-EU fiance via UK family visa
Replies: 10
Views: 269
Ireland

Re: Pre-settled status holder sponsoring Non-EU fiance via UK family visa

Nothing prevents them from getting married, but they cannot sponsor a spouse to migrate to the UK with pre-settled status. A non EU spouse can only be sponsored once the nom EU spouse in the UK has settled status. Hold on to that thought, @CR001. I read somewhere recently (not sure if it was on the...
by Obie
Mon Dec 28, 2020 9:38 pm
Forum: EEA-route Applications
Topic: Uk/Eu dual national and Withdrawal Agreement
Replies: 11
Views: 268
Ireland

Re: Uk/Eu dual national and Withdrawal Agreement

So, with a combination of using an eu National ID card and a Uk passport, which one would I present at the UK airport and at the EU airport? Do you have a UK passport and an EEA member-state passport? If so, present your EEA member-state passport when entering the EU and the UK passport when enteri...
by Obie
Mon Dec 28, 2020 7:02 pm
Forum: EEA-route Applications
Topic: Pre- settled status and Housing Benefits
Replies: 40
Views: 793
Ireland

Re: Pre- settled status and Housing Benefits

It may be necessary to at a later date open a new thread, but that is not necessary at this moment. All those people who reside in the UK will be able to take advantage of the withdrawal agreeement to claim benefit, so if they have a right of residence under the withdrawal agreement, they will be ab...
by Obie
Mon Dec 28, 2020 6:51 pm
Forum: EEA-route Applications
Topic: Uk/Eu dual national and Withdrawal Agreement
Replies: 11
Views: 268
Ireland

Re: Uk/Eu dual national and Withdrawal Agreement

But with a UK passport how do I make sure it doesn’t get stamped when travelling to the EU country of which I’m also a National? I think that the hurry of the current Government to end the transition period is leaving many questions unanswered. You simply present the passport for the country of whi...
by Obie
Mon Dec 28, 2020 6:42 pm
Forum: EEA-route Applications
Topic: Pre- settled status and Housing Benefits
Replies: 40
Views: 793
Ireland

Re: Pre- settled status and Housing Benefits

This is not a Benefit forum, please we cannot make it into one JB007. This section is only necessary as far as relates to residence rights. The advise given to OP is in relation to right of residence, which i believe has been answered as far as necessary for the purpose of habitual residence test an...
by Obie
Mon Dec 28, 2020 4:28 pm
Forum: EEA-route Applications
Topic: Pre- settled status and Housing Benefits
Replies: 40
Views: 793
Ireland

Re: Pre- settled status and Housing Benefits

Sir before i advised you on Pension Credit, I went on the Pension credit assessment link and put in a 1955 date of birth and realised you qualify and hence the reason i advised you that. It is holiday time, so it will be an unproductive use of my time to argue others that you indeed qualify. As I sa...
by Obie
Mon Dec 28, 2020 1:54 pm
Forum: EEA-route Applications
Topic: Pre- settled status and Housing Benefits
Replies: 40
Views: 793
Ireland

Re: Pre- settled status and Housing Benefits

Then you should be able to get pension credit, which will help. They cannot have Pension Credit as they are too young to claim that. Both are of working age. For PC, both need to be of UK state pension age. It's going to be a good few years yet before they can claim PC, if PC is still around then. ...
by Obie
Mon Dec 28, 2020 12:23 pm
Forum: Ireland
Topic: *Help Needed* Irish Citizenship by naturalization - Is my calculation of recognizable residency correct?
Replies: 13
Views: 803
Ireland

Re: Does Intra Country Transfer (ICT) based Stamp 1 count for 5 years residency for Irish Citizenship

Your question was answered by the Minister herself last month. It is not considered reckonable residence for the purpose of LTR applications only. Indeed Applications for Long Term Residency cannot be accepted from persons listed in the following categories: The applicant is an EEA National (EU mem...
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