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by sfljiaf
Sun Dec 22, 2019 10:33 am
Forum: Indefinite Leave to Remain
Topic: 10 year ILR route - Entry Exit records going back further than 5 years
Replies: 20
Views: 1688

Re: Home Office Entry/Exit Records - 10 yr route

I researched this a while ago, more in the context of naturalisation, but also with ILR in mind for a friend. From what I found online and talking to an immigration lawyer, it's more important to show that you were within the limit than the exact dates. As I understand it, the burden of proof for th...
by sfljiaf
Thu Nov 28, 2019 9:45 am
Forum: EEA-route Applications
Topic: Urgent! Eu settlement unmarried partners
Replies: 10
Views: 595

Re: Urgent! Eu settlement unmarried partners

Just to double check, your EEA partner is male, and you are female? If you were both the same gender, I understand the civil partnership would count as "married". For opposite-sex couples, it's more complicated. There was a court ruling a while ago requiring the government to allow civil partnership...
by sfljiaf
Fri Sep 13, 2019 11:59 pm
Forum: EEA-route Applications
Topic: Lounes Case Self-Employed evidence
Replies: 16
Views: 808

Re: switch from FLR-m To EEA\UK Lounes Case

Previous residence under the regulations can be aggregated with time spent with pre-settled status, to secure settled status. The issue is that the poster wasn't here under EEA regulations, but had a visa as the spouse of a British citizen as this was before the Lounes ruling (or they weren't aware...
by sfljiaf
Fri Sep 13, 2019 9:59 pm
Forum: EEA-route Applications
Topic: Lounes Case Self-Employed evidence
Replies: 16
Views: 808

Re: switch from FLR-m To EEA\UK Lounes Case

As far as I understand, you would still count as having exercised treaty rights from the day you got married to the (dual) EEA citizen (or entered the UK, whichever is later). So you would still qualify for settled status after five years of marriage. BUT, I can't find the posts about this now, so d...
by sfljiaf
Mon Sep 09, 2019 9:32 pm
Forum: EEA-route Applications
Topic: I informed Home Office about my separation... and now what?
Replies: 15
Views: 2082

Re: RC and Pre Settled Status lost after divorce?

I meant the 2nd one. It seems that some people have gotten responses from the EU Settlement Scheme resolution centre stating that pre-settled status would not be revoked in case of a divorce. It's only at the end of the five years that the ex-family member might not be able to apply for settled stat...
by sfljiaf
Mon Sep 09, 2019 7:32 pm
Forum: EEA-route Applications
Topic: I informed Home Office about my separation... and now what?
Replies: 15
Views: 2082

Re: RC and Pre Settled Status lost after divorce?

I am seriously considering to get divorce from him as everything is going bad living together (I do not want to put examples in here but if needed I can do it) so I would like to know if divorcing from him will make that he loses his granted rights from that moment on. Is your aim for him to keep h...
by sfljiaf
Thu Sep 05, 2019 7:14 pm
Forum: EEA-route Applications
Topic: Settled Status, UK Citizenship, CSI needed for student years?
Replies: 3
Views: 478

Re: Settled Status, UK Citizenship, CSI needed for student years?

My understanding would be that you were still lawfully resident without CSI. It's just that you wouldn't meet the requirements for the old EEA-rules permanent residence, but that isn't required for naturalisation, any route toward freedom from immigration time restrictions is fine. Further, I don't ...
by sfljiaf
Thu Aug 29, 2019 9:51 pm
Forum: EEA-route Applications
Topic: Unmarried Partner Visa - Need Advice Please
Replies: 8
Views: 551

Re: Unmarried Partner Visa - Need Advice Please

OP, my apologies, I misread your post. I thought you were saying you had been living together, but that you didn't have evidence of it due to the university situation. That's a common issue, since people don't often think to keep mail and other evidence just on the off chance they might need it for ...
by sfljiaf
Thu Aug 29, 2019 8:54 pm
Forum: EEA-route Applications
Topic: Unmarried Partner Visa - Need Advice Please
Replies: 8
Views: 551

Re: Unmarried Partner Visa - Need Advice Please

Have you received any mail to the same address, ideally bills or other official communication? The OP has clearly said their couple has not lived together for more than 5 months. Your suggestion implies you are advising them to trick the Home Office into believing the contrary, which is strictly fo...
by sfljiaf
Thu Aug 29, 2019 5:15 pm
Forum: EEA-route Applications
Topic: Unmarried Partner Visa - Need Advice Please
Replies: 8
Views: 551

Re: Unmarried Partner Visa - Need Advice Please

1. Can we apply for the unmarried partner VISA under the scope of her pre-settled status? (all the information we see refers to applications with settled status); 2. We have been studying with financial support from full scholarships. Do these count as proof of income?; 3. Would you have any advice...
by sfljiaf
Sun Aug 18, 2019 1:44 pm
Forum: EEA-route Applications
Topic: EU pre-settled status validity question
Replies: 7
Views: 484

Re: EU pre-settled status validity question

But you might have spent about 4 years before getting your PSS? Does it mean even as a EEA citizen, the time you spent here is reset and you need to wait for another 5 years for settlement/ILR and eventually naturalisation? Doesn’t make sense! Ah, that's two different questions! One question is how...
by sfljiaf
Sun Aug 18, 2019 11:05 am
Forum: EEA-route Applications
Topic: EU pre-settled status validity question
Replies: 7
Views: 484

Re: EU pre-settled status validity question

No, that is incorrect. Pre-settled status (in my experience) will be valid for five years from the date of the decision letter.
by sfljiaf
Sun Aug 04, 2019 10:34 am
Forum: EEA-route Applications
Topic: EEA/EFM
Replies: 3
Views: 382

Re: EEA/EFM

If the letter says you will receive your biometric residence card, then that should indeed mean the application was successful. I think people usually receive their passport together with the other documents, but it might be that they send it separately.
by sfljiaf
Tue Jul 23, 2019 8:03 am
Forum: EEA-route Applications
Topic: Recieved pre-settled status but cannot view or prove it on gov.uk
Replies: 4
Views: 799

Re: Recieved pre-settled status but cannot view or prove it on gov.uk

Are you getting to the step where it sends you a PIN by text or email? If not, what ID document are you using? If you've got a BRC, it might be that your status is linked to your BRC number, not your passport number.
by sfljiaf
Fri Jul 19, 2019 1:05 pm
Forum: EEA-route Applications
Topic: Lounes Case - Family relationship started before or after UK citizenship?
Replies: 2
Views: 243

Re: Lounes Case - Family relationship started before or after UK citizenship?

As far as I understand it, it doesn't matter. Look up the original Lounes case - in that very case, the relationship started long after British citizenship was acquired.
by sfljiaf
Wed Jul 10, 2019 10:00 pm
Forum: EEA-route Applications
Topic: what will happen to residence card after December 2020
Replies: 16
Views: 1349

Re: what will happen to residence card after December 2020

I called and asked EU resolution scheme about that, They told me all residence cards will be valid IF THEY ARE LINKED TO PRE-SETTLED STATUS(IF it was used when you were applying for PRE-SETTLED status) but those who did not apply for eu settlement scheme, their cards will be invalid. Huh, interesti...
by sfljiaf
Wed Jul 10, 2019 1:47 pm
Forum: EEA-route Applications
Topic: what will happen to residence card after December 2020
Replies: 16
Views: 1349

Re: what will happen to residence card after December 2020

Thing is, it is not only airlines who would need to check this. Employers and landlords/letting agencies/mortgage lenders... As you say, there is no adequate system in place for that, so the likeliest scenario is they keep issuing cards. That part applies to EU citizens as well though post-Brexit, ...
by sfljiaf
Wed Jul 10, 2019 9:17 am
Forum: EEA-route Applications
Topic: what will happen to residence card after December 2020
Replies: 16
Views: 1349

Re: what will happen to residence card after December 2020

On the website of eu settlement scheme, after I read I thought it will be online, or they just issue it for those who have pre-settled, settled status. I don’t think they will check anything else, because a person has already a right to remain! With pre-settled status this is not 100% clear. With t...
by sfljiaf
Wed Jul 10, 2019 9:05 am
Forum: EEA-route Applications
Topic: what will happen to residence card after December 2020
Replies: 16
Views: 1349

Re: what will happen to residence card after December 2020

For non-EU family members, they can't. They need to issue physical documents. Aso, if they wanted to make it online only they would not have already issued EU Settlement Scheme biometric cards to people who already did not have EEA biometric cards. The process and format are there, they just though...
by sfljiaf
Wed Jul 10, 2019 8:55 am
Forum: EEA-route Applications
Topic: Lounes, Pre-settled status, and continued exercise of treaty rights
Replies: 4
Views: 561

Re: Lounes, Pre-settled status, and continued exercise of treaty rights

Since this isn't really a question to provide an actual solution for under current EEA regulations or EU Settlement Scheme, but rather a general reflection on what might be the case post Brexit, should not this be moved to Referendum-News and Developments ? I was more interested if there is anythin...
by sfljiaf
Mon Jul 08, 2019 7:22 am
Forum: EEA-route Applications
Topic: Received Permanent Residence Card - Non-EU Family Member Relationship Ended
Replies: 5
Views: 433

Re: Received Permanent Residence Card - Non-EU Family Member Relationship Ended

Once you have _permanent_ residence, I believe your status does not depend on your sponsor anymore. Perhaps someone else could confirm that? Note however that PR will lapse after an absence of two years. Also, you should apply for settled status at some point before the deadline (late 2020 / mid 202...
by sfljiaf
Sun Jul 07, 2019 5:34 pm
Forum: EEA-route Applications
Topic: Wife needs to go to home country - How to maintain UK Residence Card?
Replies: 2
Views: 309

Re: Wife needs to go to home country - How to maintain UK Residence Card?

This is an interesting question, I think returning even briefly should work, but I'd actually be very curious myself if someone more experienced could confirm this. Also your wife could apply for pre-settled status, this would extend it to two years abroad without loosing the status I think. Note ho...
by sfljiaf
Sun Jul 07, 2019 8:33 am
Forum: EEA-route Applications
Topic: Lounes, Pre-settled status, and continued exercise of treaty rights
Replies: 4
Views: 561

Lounes, Pre-settled status, and continued exercise of treaty rights

Hi all, I've been helping a friend with their EEA residence card and now pre-settled status application recently, and we have come across a subtle ambiguity that I wonder if anyone else has some thoughts on: With the settlement scheme, if a (extended) family member gets pre-settled status now and wa...
by sfljiaf
Thu Jul 04, 2019 10:23 am
Forum: EEA-route Applications
Topic: Non-EEA family member of dual citizen - Possible to switch the visa?
Replies: 14
Views: 651

Re: Non-EEA family member of dual citizen - Possible to switch the visa?

But, there is one difference: Mr Lounes was unlawfully present in the UK, and could not benefit from the routes available from British immigration. In the OPs case, they are lawfully present, so their right to a family life will not be curtailed if the EEA route is not available to them, which was ...
by sfljiaf
Thu Jul 04, 2019 7:52 am
Forum: EEA-route Applications
Topic: Non-EEA family member of dual citizen - Possible to switch the visa?
Replies: 14
Views: 651

Re: Non-EEA family member of dual citizen - Possible to switch the visa?

The key point is that you were not an EEA family member with an EEA residence card under the ewa/EU rules before your spouse became British and you got married. Is it a requirement that the relationship to the EEA sponsor already existed at the time the sponsor acquired British citizenship? My unde...
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