He was born abroad from a UK national father which, as I understand, qualified him for UK nationality from birth. He also obtained other EEA nationalities from birth. The article you mentioned expresses well what I was trying to get at earlier. Namely the broad "interpretation" of the (ex?) UKBA and...
I just realised that the EEA route application process has changed from a few years back when it required that the initial process be lodged in a UK embassy abroad (for EEA FP). Am I correct in thinking that now an EEA member currently excercising treaty rights in the UK and his partner can apply di...
Thanks for responding Obie. Did he reside in another memberstate? My brother was born, was resident and worked in another memberstate (of which he is also a national) before arriving here in 2009. was he working or self-Employed there? He was an employee. Was he born in the UK, or naturalised as a B...
Do you have the Certificate of Application you received upon first applying for the Residence Card? There should be a passage to the effect of: “Certificate of Application (for family members of EEA nationals, who are not themselves EEA nationals) Thank you for your application of 23 July 2010 for a...
that directive is not applicable to a Union citizen who has never exercised his right of free movement, who has always resided in a Member State of which he is a national and who is also a national of another Member State. My brother was born, grew up and worked outside the UK before arriving here ...
My only question is if it's still OK to apply under the European rules now (based on being married to a French citizen) even though 2 years ago she applied for a spouse visa (based on being married to a British citizen). Will the UKBA not find this strange and deny the application ? I believe there...
As an update we arrived without any trouble. On the flight we filled in the landing card and put "6 months" on duration of stay. The IO asked about the status of our Residence Card application and then went straight for a code 1A stamp, didn't ask for any other documents aside from our passports and...
Regarding the carrier, as my wife's passport is from a non-visa country, would she not be entitled to fly just as a visitor? Is she a visa national? If not then she may accompany you on a visa waiver. Sorry I meant that she is from Chile, which as far as I know, does not require a visa to visit the...
Thanks Plum70, I also found this document very useful: http://www.ukresident.com/files/UKBorder-Dossier.pdf with the accompanying article here: http://www.ukresident.com/content/articles/uk-immigration/european-track/derived-free-movement-rights-at-the-border-without-a-family-permit-or-residence-car...
Before an Immigration Officer refuses admission to a non-EEA national under regulation 11(2) because s/he does not produce an EEA family permit, the IO must give the non-EEA national reasonable opportunity to provide by other means proof that s/he is a family member of an EEA national with a right ...
Well I phoned the UKBA in Liverpool and they were adamant that I needed a family permit. They specifically stated that the CoA was not sufficient to allow entry and that it would be "very unlikely" that we would be allowed entry based on those documents. There was no use arguing EU directives, they ...
Salut Plum70! The closest I cound find to a relevant passage in the law was from The Immigration (European Economic Area) Regulations 2006 here : 11.(2) A person who is not an EEA national must be admitted to the United Kingdom if he is a family member of an EEA national, a family member who has ret...
My family is going to Switzerland, my home country, for the Christmas period. I'd like to know if, upon arriving back to the UK with an expired EEA Family permit, the "certificate of application" letter from the UKBA (received after the residence card application) and a marriage certificate, whether...
The UK appears to be very adamant in this case so I wouldn't expect anything from Solvit. Still, I would think that a complaint should be filed, also directly to the EU Comission. Though, pessimistic as I am, I guess this won't get you anywhere in the near future if ever... Ok thanks. That makes th...
The EU says this is not required as previous cases have shown. That's the petition of our dear member Richard66. I'm afraid nothing has changed since then. There was also a case against the UK listed but it disappeared from the register. Wonder what happened. Understood. So what recourse do I have?...
You can't submit your application for entry clearence ( whatever type ) without going to the embassy in person. Once you are there, they won't accept your application unless you give your fingerscan i.e. its a part of the application. So I suppose there is no question of them refusing visa on the b...
The UK requires fingerprints be taken for an EEA family permit. The EU says this is not required as previous cases have shown. What recourse do I have if they refuse to issue an EEA family permit for not submitting biometric information?
Highly unlikely that Mr X will even be given a fresh 6 month visitor visa, so soon after returning home on the previous one! (ie. less than six months on!) :roll: Kitty is absolutely correct. The 6 months in a 12 month period is a guideline for the ECO and not a hard rule. Either way, the OP's brot...
Common sense went out of the window when hundreds of thousands apply for asylum when the UK can never be the FIRST safe country you reach from Africa, Asia, Middle east wether by sea or road. If everybody followed the rules then the HO might be more lenient How does "hundreds of thousands" applying...
I've just read your story from start to finish. Tracey I admire your tenacity and I'm appaled at the difficulties you have been subjected to. I've benefited from your diligent research (namely the document you found "on guidance for better transposition and application of Directive 2004/38/EC" for t...
Simply because there is not enough specialist trained Entry Clearance Officers based at UKBA to deal with applications made in the UK. These ECO are based in countries where the demand is high because people are expected to apply for visa there rather than in the UK. That is why majority of ECO are...
If you allow people to change their status in the UK it creates even more of a backlog than there is now and the backlog will just get bigger every year. Maybe we should extend waiting times to cut down the number of applications being processed, change the 14 year rule to 20 years, increase waitin...
