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Method of entry questionnaire

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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wncamll
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Joined: Wed Dec 16, 2009 3:45 am

Method of entry questionnaire

Post by wncamll » Wed Dec 16, 2009 3:57 am

has anyone received this questionnaire? is it a normal procedure to be asked to fill the form after applying for eea family member, when i applied for residence card for my wife they did not ask for this, now i am applying for my junior brother as a dependant, any comments will be appreciated as he only has a limited time to send back the form.

John
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Location: Birmingham, England
United Kingdom

Post by John » Wed Dec 16, 2009 9:26 am

Have you any evidence such a questionnaire actually exists?
John

Obie
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Post by Obie » Wed Dec 16, 2009 2:56 pm

I might be wrong, but isn't the case, that Method of Entry Questionnaires are only issued to applicant in Asylum related cases.

Regulation 8 of the UK EEA regulation, or the directive does not provide for a probe into an EEA family members entry into the UK. I know that there is a requirement that durable partners should be lawfully resident in the UK-The legality of which is questionable, but the other family members, like siblings are not supposed to meet this requirement.

Did your brother lived with you in another member state?
Smooth seas do not make skilful sailors

wncamll
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Joined: Wed Dec 16, 2009 3:45 am

Post by wncamll » Wed Dec 16, 2009 3:34 pm

Obie wrote:I might be wrong, but isn't the case, that Method of Entry Questionnaires are only issued to applicant in Asylum related cases.

Regulation 8 of the UK EEA regulation, or the directive does not provide for a probe into an EEA family members entry into the UK. I know that there is a requirement that durable partners should be lawfully resident in the UK-The legality of which is questionable, but the other family members, like siblings are not supposed to meet this requirement.

Did your brother lived with you in another member state?
thank you all for responding to my post, my brother did not live with me in another eu member state as i am the only one lucky enough to have been born in the eu, i was suprised as he is being asked to complete this method of entry questionnaire, somebody told me this is quite normal if the HO cannot find records of his entry but nevertheless even if it was illegal entry he will still qualify for family member, please anyone with experience or knowledege about this?

Obie
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Location: UK/Ireland
Ireland

Post by Obie » Wed Dec 16, 2009 5:20 pm

I suspect if your brother was not living in the same country or household as you prior to your arrival in the UK or dependant on your there, or was not in the recent past sharing the same household as you (for example in other countries besides EU), then he will only be considered under regulation 8(4), which involes the national rules being applied to the examination of his case, in all area, except for Entry Clearance.
[b] EEA regulation 2006, Regulation 8[/b] wrote: (4) A person satisfies the condition in this paragraph if the person is a relative of an EEA
national and would meet the requirements in the immigration rules (other than those relating to
entry clearance) for indefinite leave to enter or remain in the United Kingdom as a dependent
relative of the EEA national were the EEA national a person present and settled in the United
Kingdom.
In this case, i think they might want to argue that the requirement is justified, although i must say, i don't support it, and find this requirement, overboard at the least and illegal at worst.
Smooth seas do not make skilful sailors

zebra3
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Post by zebra3 » Fri Jan 01, 2010 8:41 pm

I am not an asylum but I had a questionnaire and I have applied for an FLR M on marriage basis.
so they send them to lot of people.

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