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by Kitty
Thu May 15, 2014 2:04 pm
Forum: Immigration for family members
Topic: Sponser/settled person or EEA, and applicant's illegal stay
Replies: 2
Views: 116

Re: Sponser/settled person or EEA, and applicant's illegal s

What two countries is your friend a national of? Is there a reason why her spouse is applying under the Immigration Rules and not for a Family Permit? Your friend's EEA nationality is no reason to refuse an application for a spouse visa under the Rules, if that's what they want to do. Regarding the ...
by Kitty
Thu Jul 11, 2013 6:17 pm
Forum: EEA-route Applications
Topic: EEA4 or EEA2? I need some help
Replies: 4
Views: 529

If you have lived in the UK for 5 years and during that time you have been married to an EEA national (and have not actually divorced) you might already have acquired a right of permanent residence (PR), but it could be difficult to prove without your wife's co-operation. Do you still have contact w...
by Kitty
Sat Jun 22, 2013 12:16 pm
Forum: Immigration for family members
Topic: URGENT ADVICE... Solicitor doing my head in!!!
Replies: 2
Views: 449

Your solicitor presumably knows your full history so may have reasons for the advice you were given based on that. However, I would ask about applying simultaneously under the Immigration Rules. http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/parents/ Zambrano ...
by Kitty
Sat Jun 22, 2013 11:44 am
Forum: EEA-route Applications
Topic: I m EEA2 what my kids national passport will be?
Replies: 8
Views: 1195

If the children were born in the UK, AND your wife had PR at the time, then they are British and can apply for a passport. However, you will need to get together proof that your wife had PR at the time of their births. Does your wife have a continuous period of 5 years' exercising treaty rights (e.g...
by Kitty
Thu Jun 13, 2013 4:03 pm
Forum: EEA-route Applications
Topic: Shockin refusal of PR (EEA FAMILY MEMBER)
Replies: 36
Views: 3745

As others have posted it would be really helpful if you could give more detail from the refusal letter: when they refuse for lack of sufficient evidence they usually make some reference to what you did supply, and give some kind of summary of any "gaps". If the issue is that the Home Office has not ...
by Kitty
Thu May 30, 2013 2:24 pm
Forum: EEA-route Applications
Topic: EEA 4, divorce, child and benefits
Replies: 25
Views: 1937

Have the divorce and any child contact arrangements been finalised?

He can retain a ROR if contact has to take place in the UK, and he is working.
by Kitty
Sat May 25, 2013 3:41 pm
Forum: Immigration for family members
Topic: FLR(M) approved, almost 10 years here - What Now?...
Replies: 8
Views: 780

The guidance for long residence applications doesn't say how the allowable 28-day overstay period will be calculated. However, the guidance on calculating continuous residence in PBS cases says: The 28 day period of overstaying is calculated from the latest of the:  end of the last period of leave ...
by Kitty
Sat May 25, 2013 3:20 pm
Forum: EEA-route Applications
Topic: 3years with EEA2 and wife became BC
Replies: 46
Views: 3057

zubby007, you can't apply for BC until you have PR, regardless of whether you qualify as the spouse of a BC or not.
by Kitty
Wed May 15, 2013 6:23 pm
Forum: Immigration for family members
Topic: Spouse visa financial requirement- CAT A: combining incomes?
Replies: 3
Views: 2360

Yes: E-LTRP.3.2. When determining whether the financial requirement in paragraph ELTRP. 3.1. is met only the following sources may be taken into account- (a) income of the partner from specified employment or self-employment; (b) income of the applicant from specified employment or self-employment u...
by Kitty
Wed May 15, 2013 5:35 pm
Forum: Immigration for family members
Topic: Non-married partner route
Replies: 3
Views: 523

erwinz, if you have been living in the UK for long enough to acquire a right of Permanent Residence then you can be treated as "settled" and your partner could apply under the Immigration Rules. However, it's difficult to see why you would want to given that it's much more expensive and doesn't lead...
by Kitty
Thu Feb 07, 2013 5:25 pm
Forum: Immigration for family members
Topic: Dependent visa refusal due to English Language-Please advise
Replies: 20
Views: 2979

Also We are happy to add a transcript from University saying it was taught in English. Does she have a NARIC-recognised university qualification that was taught in English? Did she have that at the date of the decision? When did you get ILR and on what basis? What kind of leave did your wife previo...
by Kitty
Thu Feb 07, 2013 2:06 pm
Forum: EEA-route Applications
Topic: EEA 2 Refused - Questions about appeal
Replies: 30
Views: 3790

I would suspect that the question about disability is more related to giving evidence at the Tribunal. If she has a condition that might affect her memory or ability to understand what she is being asked, then it's better to let the Tribunal know. What does the paperwork you are referring to actuall...
by Kitty
Tue Jan 08, 2013 9:24 pm
Forum: EEA-route Applications
Topic: EEA 4 Application refused! No right of appeal
Replies: 55
Views: 8776

Also refer to paragraph 14 of the 2006 regulations to show that you have been residing "in accordance with the regulations": Ex 14. (2) A family member of a qualified person residing in the United Kingdom under paragraph (1) or of an EEA national with a permanent right of residence under regulation ...
by Kitty
Sat Nov 24, 2012 10:40 am
Forum: Immigration for family members
Topic: CAN WE SWITCH FROM LLR(PARENT) TO SPOUSE VISA
Replies: 3
Views: 708

Yes, if he had overstayed by the time you applied then that explains why he would not have qualified for leave to remain under the old rules, and would not have had a right of appeal. He was instead granted permission to stay under the family life provisions of the new rules.
by Kitty
Sat Nov 24, 2012 1:06 am
Forum: Immigration for family members
Topic: CAN WE SWITCH FROM LLR(PARENT) TO SPOUSE VISA
Replies: 3
Views: 708

It should be possible to switch back onto the 5-year spouse route if you meet the requirements: you would not need to wait 30 months (although note you would only be able to appeal a refusal in the Tribunal if your current leave expired while the new applicaiton was being decided). E-LTRP.2.1. The a...
by Kitty
Thu Nov 22, 2012 5:23 pm
Forum: EEA-route Applications
Topic: Latest on Zambrano Application
Replies: 36
Views: 7087

Interesting if they have developed an application form that now includes Zambrano cases, as it's not yet up on the website!

Any chance you could scan a copy (redacting any personal information) and link to it for us? (unless it's just version 07/12).
by Kitty
Thu Nov 22, 2012 5:13 pm
Forum: EEA-route Applications
Topic: EEA 2 REFUSED with right to apeal ADVICE NEEDED PLEASE
Replies: 5
Views: 1111

You do not have to send your supporting documents with the appeal notice. You can state that they will be provided at a later date (there is a box for this on the form). Are you sure about the deadline for your appeal? 23 December is a Sunday. However, 23 November is a Friday. What is the date on th...
by Kitty
Thu Nov 22, 2012 5:04 pm
Forum: General UK Immigration forum
Topic: register to get married as an overstayer
Replies: 4
Views: 855

You can ask for your passport back without withdrawing your application. http://www.ukba.homeoffice.gov.uk/eucitizens/documents-family/applying/ After you are married, if your application has still not been decided, you can send your marriage certificate to UKBA so that you can be recognised as a fa...
by Kitty
Tue Nov 20, 2012 12:08 pm
Forum: EEA-route Applications
Topic: PLEASE HELP ME ,WHAT CAN I DO NOW
Replies: 18
Views: 1963

Your friend can make an application to the UKBA for confirmation that he has retained a right of residence, using form EEA2. The UKBA has a policy of treating such applications "pragmatically" if the applicant has made every effort to contact the EEA national. See the policy document disclosed in th...
by Kitty
Sun Nov 18, 2012 10:17 am
Forum: EEA-route Applications
Topic: PLEASE HELP ME ,WHAT CAN I DO NOW
Replies: 18
Views: 1963

Was she actually working at the time the divorce became final? Does the friend have any evidence of that, and if so what? (For example, does he know the name of her employer, how long she has been working there; has he seen her going to and from work?) Confirmation of retention of the right of resid...
by Kitty
Sun Nov 18, 2012 10:11 am
Forum: EEA-route Applications
Topic: Discretionary Leave to Permanent Residence
Replies: 29
Views: 3434

jimkam, when did you actually start living in the UK after you got married? Were you living here with your wife since 2003? What is her nationality? Has she worked at all since then, and if so what was the problem with proving it? Do you have contact details for her? Do you know if she was working a...
by Kitty
Tue Nov 06, 2012 10:01 pm
Forum: Immigration for family members
Topic: UK male; Russian Girlfriend (both students); Visa Options
Replies: 7
Views: 1106

You say that she is now 23 and has lived in the UK "since the age of 14".

At the time her current leave expires next year, how long will she have been in the country?

If she will have accrued 10 years' lawful residence, she might qualify for ILR on that basis.
by Kitty
Sat Oct 27, 2012 10:22 am
Forum: Immigration for family members
Topic: Clarification on Sole Responsibility under Zambrano
Replies: 3
Views: 1853

No, the changes that affect you will be incorporated in the the Immigration (European Economic Area) Regulations 2006 from 9 November. Once they are amended, the Regulations will make provision for primary carers (not just "sole carers"). You can submit an application now or you can wait until 9 Nov...
by Kitty
Tue Oct 23, 2012 12:21 pm
Forum: Immigration for family members
Topic: Clarification on Sole Responsibility under Zambrano
Replies: 3
Views: 1853

The Zambrano case has now been incorporated into the relevant Regulations, which will come into effect from 9 November. Hopefully this means that in cases like yours the UKBA will now make a decision, so that you will either be provided with a residence card, or be sent a refusal that you can appeal...
by Kitty
Thu Oct 18, 2012 6:13 pm
Forum: EEA-route Applications
Topic: Zambrano - UKBA announces its interpretation...
Replies: 78
Views: 53729

Amendments to EEA Regulations covering Zambrano cases:

http://www.legislation.gov.uk/uksi/2012/2560/made

Laid before Parliament today and in force 9 November.
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