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by nonspecifics
Tue Mar 13, 2012 10:59 pm
Forum: EU Settlement Scheme
Topic: EEA4 refusal-CAN I APPEAL?
Replies: 67
Views: 13620

SPECULATION

I have read other case law where UKBA won appeals by arguing that the EEA national cannot rely on the income from family members where the EEA is the sponsor of the family member. UKBA won the argument that the person is not self-sufficient if they are relying on income from someone that is only in ...
by nonspecifics
Wed Mar 07, 2012 10:25 pm
Forum: EU Settlement Scheme
Topic: EEA3 Rejected: No Information on reason why..
Replies: 13
Views: 3069

EVIDENCE

If your application was refused it should have a Reason For Refusal letter. Often UKBA initially check an application and if they think there is evidence lacking they send a letter asking for more information, but it's not a refusal, instead it's a request for more evidence. You are right to say, UK...
by nonspecifics
Mon Mar 05, 2012 1:35 pm
Forum: EU Settlement Scheme
Topic: Surinder Singh - Small Query
Replies: 2
Views: 704

Please explain

It would be helpful if you could give further details on the situation as your description seems a bit lacking in detail.
by nonspecifics
Mon Mar 05, 2012 1:18 pm
Forum: EU Settlement Scheme
Topic: Does requesting my passport returned cancel my EEA2 applicat
Replies: 2
Views: 1447

RETURN OF DOCUMENTS

http://www.ukba.homeoffice.gov.uk/eucitizens/documents-family/applying/# "If we return your documents at your request we will not withdraw your application and you will not be required to make a fresh application. However, on occasion we may need to request your passport or ID card back to complete ...
by nonspecifics
Sat Feb 25, 2012 1:18 pm
Forum: EU Settlement Scheme
Topic: EEA FP some doubts!
Replies: 15
Views: 2119

YOUR EUROPE ADVICE

Why don't you also try asking the Your Europe advice team, so you get a second opinion?

Found here:
http://europa.eu/youreurope/citizens/co ... dex_en.htm
by nonspecifics
Mon Feb 20, 2012 6:27 pm
Forum: EU Settlement Scheme
Topic: Residence Card Refusal
Replies: 9
Views: 1545

Lawyer

As your case is complex, I think an immigration lawyer is the most suitable course of action.

There may be grounds for a human rights case or asylum that your lawyer could present to the Home Office for your bf.

P.S. Good luck to you. Hope you get well soon.
by nonspecifics
Mon Feb 20, 2012 6:15 pm
Forum: EU Settlement Scheme
Topic: Residence Card Refusal
Replies: 9
Views: 1545

EU DIRECTIVE 2004/38

Under the EU Directive the EEA national is meant to exercise treaty rights, which is based on the idea of having the freedom to work, study or be self-sufficient in another country of the EEA area. Thus, to use the Directive as a UK citizen, UKBA would have expected you to have worked or studied in ...
by nonspecifics
Mon Feb 13, 2012 12:55 am
Forum: EU Settlement Scheme
Topic: EEA family permit for parents
Replies: 7
Views: 1678

HOW DO I ESTABLISH DEPENDENCY

How do I establish dependency under the EEA Regulations? ->

Page not found. :(
by nonspecifics
Thu Feb 09, 2012 6:39 pm
Forum: EU Settlement Scheme
Topic: Retention right of residence with child custody
Replies: 20
Views: 3598

ADVICE

Jambo and Bobobo have helped a lot of people. When they answered so many questions, and given so much helpful advice and support, then of course sometimes they have occasionally made mistakes. They are only human; everyone makes mistakes. Jambo, Bobobo and the others who have taken the time to share...
by nonspecifics
Mon Feb 06, 2012 2:29 pm
Forum: EU Settlement Scheme
Topic: appying for eea
Replies: 15
Views: 3037

Wife

If your EEA wife is in Scotland, she should go to the embassy or consul for her country in Scotland . If she is Polish she would go to the Polish embassy or consul in Scotland ( if there is one) or wherever is nearest. She would have to take her passport and a good quality photocopy of the passport ...
by nonspecifics
Sun Feb 05, 2012 2:09 am
Forum: EU Settlement Scheme
Topic: appying for eea
Replies: 15
Views: 3037

:lol:
by nonspecifics
Sun Feb 05, 2012 1:08 am
Forum: EU Settlement Scheme
Topic: appying for eea
Replies: 15
Views: 3037

EEA FP

http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/documents/ What has to be proved is that: You are married: marriage certificate. Your spouse is an EEA national exercising treaty rights in the UK: proof of being a worker: Most recent P60 and most recent payslips or letter from employer...
by nonspecifics
Sat Feb 04, 2012 8:38 pm
Forum: EU Settlement Scheme
Topic: Non EEA ntional married to EEA national in UK
Replies: 4
Views: 1048

PR

Five years continuous residence under the Regulations.

A work visa issued under UK immigration rules is not part of the Regulations, so can't be counted towards the five years.
by nonspecifics
Sat Feb 04, 2012 5:02 pm
Forum: EU Settlement Scheme
Topic: Non EEA ntional married to EEA national in UK
Replies: 4
Views: 1048

EEA2

Q1. Does she have to leave the UK if they separate (not divorce as they may get back together) ? A1. No. They remain married until divorced. She remains a family member while married, even if separated. Q2.She has had the EEA2 for two years and they've been together that long, however she was in the...
by nonspecifics
Sat Feb 04, 2012 2:11 am
Forum: EU Settlement Scheme
Topic: Applying EEA3
Replies: 28
Views: 4494

UKBA

On the negative side: voluntarily unemployed and no comprehensive sickness insurance ( CSI) for five months. Did you travel abroad? If so, during the time you were abroad you would not have required CSI in the UK. On the positive side: you had savings and did not claim benefits during those five mon...
by nonspecifics
Sat Feb 04, 2012 1:18 am
Forum: EU Settlement Scheme
Topic: Bringing parents or family member
Replies: 2
Views: 865

Treaty Rights

Your wife, who is the EEA national, will have to be exercising treaty rights and so will have to continue to be a qualifed person such as a worker or self-sufficient. If your wife voluntarily leaves employment - resigns - to be a stay-at-home mother, then she could continue to exercise treaty rights...
by nonspecifics
Sat Feb 04, 2012 12:55 am
Forum: EU Settlement Scheme
Topic: Applying EEA3
Replies: 28
Views: 4494

WHY?

Why was there a five-month gap? Why and in what way did your employment end? ( sacked, quit, made redundant, contract ended or what?) What did you do during those five months? How did you survive without working or claiming benefits? Do you have a Romanian EHIC card or comprehensive sickness insuran...
by nonspecifics
Fri Feb 03, 2012 4:54 pm
Forum: EU Settlement Scheme
Topic: UKBA undermines the rights of Permanent Residents
Replies: 18
Views: 5001

TRIPE

I quoted from an EEA3 Permanent residence letter.
by nonspecifics
Thu Feb 02, 2012 9:16 pm
Forum: EU Settlement Scheme
Topic: UKBA undermines the rights of Permanent Residents
Replies: 18
Views: 5001

SORTED?????

As an update on this discussion, the letter accompanying PR in January 2012 still used these phrases in it: " In order to be considered as permanently resident here you will have to be able to show that you are habitually and normally resident in this country, and that any absences have been of a te...
by nonspecifics
Thu Feb 02, 2012 8:21 pm
Forum: EU Settlement Scheme
Topic: EEA application for son
Replies: 2
Views: 1111

UKBA

UKBA will not issue residence documents unless it is proved to them that the EEA national is exercising treaty rights. Thus, even if you convinced them your marriage is genuine and not a sham marriage, you still would not get any residence documents without the proof of exercising of treaty rights b...
by nonspecifics
Thu Feb 02, 2012 8:11 pm
Forum: EU Settlement Scheme
Topic: 10 yr PR residence card. Am I still legal?
Replies: 5
Views: 1328

PR

Once you have acquired permanent residence (pr), your status is independent of any relationships you had. You do not have to apply for ROR when you already have PR. Pr is lost if you are out of the UK for more than two years. Since acquiring pr, if you have not been out of the UK for more than two y...
by nonspecifics
Thu Feb 02, 2012 1:58 am
Forum: EU Settlement Scheme
Topic: Comprehensive Sickness Insurance!!!
Replies: 5
Views: 2022

Treaty Rights

Yes.

He would just put your details in Section 2.

Read through the EEA3 form and you will see what I mean.

Your school and college documents would prove you have been resident.
by nonspecifics
Thu Feb 02, 2012 12:44 am
Forum: EU Settlement Scheme
Topic: Comprehensive Sickness Insurance!!!
Replies: 5
Views: 2022

PR

Hello Dayana You mean permanent residence ( pr) which is obtained under the 2004 Directive. ILR is gained under UK immigration rules. Your parent/s can apply for Permanent residence on form EEA3 and include you on the application as their EEA national family member. Or you can apply alone, but again...
by nonspecifics
Wed Feb 01, 2012 4:08 pm
Forum: EU Settlement Scheme
Topic: Application to Retain rights of Residence refused
Replies: 6
Views: 6556

OK

That is quite a detailed reason for refusal letter, so that is helpful in telling you exactly what else they need. It's up to you whether to appeal or not. If it's correct that you never included enough evidence to prove your case, then it is better to re-apply. If going for appeal, oral appeals hav...
by nonspecifics
Wed Feb 01, 2012 1:57 pm
Forum: EU Settlement Scheme
Topic: EEA2 Application Timelines - ONLY 1 TOPIC - UpToDate
Replies: 11906
Views: 1568535

EEA RESIDENCE CARD UPDATE

Good news! Residence card received. Here are the details: EEA2 application received by UKBA 27/10/2011 COA received 20/01/2012 ( after complaint sent about no COA) 01/02/2012 Residence card received (date of issue 12/01/2012). It took a little over three months in total. A big thank you for the advi...
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