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by rosebead
Mon Feb 22, 2016 10:58 pm
Forum: EEA-route Applications
Topic: Does the latest new EU Deal bring any effect to SS route?
Replies: 14
Views: 503

Re: Does the latest new EU Deal bring any effect to SS route

It appears my thread was locked. When I posted, there was actually no thread that I could see immediately on the forum (I don't bother scouring through past pages) about how the EU renegotiation would affect the SS route, but it appears someone earlier today bumped this thread to the front page afte...
by rosebead
Mon Feb 22, 2016 1:15 am
Forum: EEA-route Applications
Topic: Is the SS route effectively dead?
Replies: 1
Views: 140

Is the SS route effectively dead?

The Commission's proposal to amend the Directive to limit the rights of non-EU spouses is so restrictive that if the European Council and the European Parliament pass it, wouldn't it effectively kill the SS route? First of all, the movement to the host Member State would be severely restricted becau...
by rosebead
Thu Feb 18, 2016 6:55 pm
Forum: Comments about discussion board
Topic: Unauthorised to access forum
Replies: 3
Views: 194

Unauthorised to access forum

I cannot access this thread for some reason. It says that I'm unauthorised to read this forum. Why is that?
by rosebead
Thu Feb 18, 2016 6:40 pm
Forum: EEA-route Applications
Topic: Sponsor status has changed during an application proceed
Replies: 2
Views: 156

Re: Sponsor status has changed during an application proceed

She can retain her 'worker status' if she temporarily cannot work because of illness. I would send in to the Home Office a letter or a sick note from her GP stating that she cannot work at the moment but she will be able to return to work eventually. I would write a cover letter to explain the situa...
by rosebead
Tue Oct 27, 2015 11:48 pm
Forum: EEA-route Applications
Topic: Flawed UT Decision no more Incountry appeal for MC Cases
Replies: 10
Views: 656

Re: Flawed UT Decision no more Incountry appeal for MC Cases

It was tweeted by Zane Malik under Elspeth Guild's article on this issue.
by rosebead
Tue Oct 27, 2015 11:10 pm
Forum: EEA-route Applications
Topic: Flawed UT Decision no more Incountry appeal for MC Cases
Replies: 10
Views: 656

Re: Flawed UT Decision no more Incountry appeal for MC Cases

Thankfully earlier this month, Lord Justice Sales apparently granted permission to appeal Bilal Ahmed to the Court of Appeal. Hope it will be a good outcome.
by rosebead
Sat Jun 20, 2015 7:06 am
Forum: EEA-route Applications
Topic: Visa free travel for Residence Card holder Case refer to ECJ
Replies: 300
Views: 35744

Re: Visa free travel for Residence Card holder Case refer to

Thanks for posting your story kyanfar. It's shocking that UK border guards are so woefully trained. Perhaps you should make a complaint to the European Commission.
by rosebead
Fri May 15, 2015 12:33 am
Forum: EEA-route Applications
Topic: EEA3 application, CSI and Ordinary Resident????
Replies: 22
Views: 735

Re: EEA3 application, CSI and Ordinary Resident????

Though the Home Office would disagree, under case law it's not about your earnings but more about looking at the whole package to determine whether your work is genuine and effective. So for example you could work a very low amount of hours but if you've had a lengthy employment with a contract and ...
by rosebead
Mon May 11, 2015 10:27 pm
Forum: EEA-route Applications
Topic: EEA4 CSI advice needed please.
Replies: 12
Views: 293

Re: EEA4 CSI advice needed please.

If you can prove that she worked from 2008-2013, then she can get a PR certificate based on those years. In fact you can apply for PR card yourself with those proofs without her needing to get a PR certificate. That said, some people prefer to sort out the EU national's PR papers first as that about...
by rosebead
Wed May 06, 2015 7:57 pm
Forum: EEA-route Applications
Topic: EEA Residence Card for non-EEA extended family member - HELP
Replies: 9
Views: 3053

Re: EEA Residence Card for non-EEA extended family member -

I am just going by the wording in Regulation 8(2) and the Home Office guidance on extended family members, which still very much stresses the condition of joining or accompanying, and especially so in the Home Office guidance. In contrast, there is no such mention of joining or accompanying for dire...
by rosebead
Wed May 06, 2015 5:46 pm
Forum: EEA-route Applications
Topic: EEA Residence Card for non-EEA extended family member - HELP
Replies: 9
Views: 3053

Re: EEA Residence Card for non-EEA extended family member -

Is your nephew an adult? Unless your nephew is a self-sufficient minor under 18, or a child in education with an EU parent that is/was an EU worker in the UK and who lived in the UK at the same time as the child at some point, and you are your nephew's primary carer, you have zero chance of obtainin...
by rosebead
Wed May 06, 2015 6:34 am
Forum: EEA-route Applications
Topic: CSI clarification
Replies: 11
Views: 278

Re: CSI clarification

That said, with the principle of "legal certainty" in Community law, it would be unfair to expect family members of EEA students to have had CSI before the date of the amendment.
by rosebead
Wed May 06, 2015 6:17 am
Forum: EEA-route Applications
Topic: EEA Residence Card for non-EEA extended family member - HELP
Replies: 9
Views: 3053

Re: EEA Residence Card for non-EEA extended family member -

Forgot to mention that if you wish to make a claim based on being a member of his household rather than based on dependency, you must have been a recent member of your nephew's household before his arrival in the UK, in other words not in the UK. Your nephew must also have had the primary right of r...
by rosebead
Wed May 06, 2015 5:36 am
Forum: EEA-route Applications
Topic: EEA Residence Card for non-EEA extended family member - HELP
Replies: 9
Views: 3053

Re: EEA Residence Card for non-EEA extended family member -

Read Regulation 8(2) carefully. First of all, you arrived in the UK before your nephew. The condition is that you must be "joining" or "accompanying" him to the UK, so he must have arrived before you or you are coming together to the UK. Second of all, dependency on your nephew must have arisen befo...
by rosebead
Wed May 06, 2015 1:31 am
Forum: EEA-route Applications
Topic: CSI clarification
Replies: 11
Views: 278

Re: CSI clarification

It seems that the government has amended Regulation 4 now so that the family members of EEA students must now have CSI: Regulation 4 (“worker”, “self-employed person”, “self-sufficient person” and “student”) 2. In regulation 4— (a)in paragraph (2), after “(1)(c)”, insert “ or (d)”; The Directive doe...
by rosebead
Tue May 05, 2015 11:24 pm
Forum: EEA-route Applications
Topic: EEA4 CSI advice needed please.
Replies: 12
Views: 293

Re: EEA4 CSI advice needed please.

Might I add that if she decides to go back to work, no CSI is required for either of you. However if she wishes to remain self-sufficient on your earnings then CSI for all of you is required, and if you're not doing it already, it might be a good idea to have a joint bank account or at least transfe...
by rosebead
Tue May 05, 2015 6:41 pm
Forum: EEA-route Applications
Topic: EEA4 CSI advice needed please.
Replies: 12
Views: 293

Re: EEA4 CSI advice needed please.

Your wife could try applying for a PR certificate first, as I get the feeling that caseworkers are more lenient with EEA nationals than they are with non-EEA nationals. As well as submitting her EHIC card, she could also try getting CSI now to cover you both and submit that with the application too....
by rosebead
Tue May 05, 2015 6:14 pm
Forum: EEA-route Applications
Topic: EEA4 CSI advice needed please.
Replies: 12
Views: 293

Re: EEA4 CSI advice needed please.

If you want find out about the rules for using EHIC cards, you can find it on the NHS site. EHICs are definitely for temporary stays only. The rules for the usage of these cards have nothing to do with a body like the Home Office as they do not issue them. You can try your luck, I suppose, as there'...
by rosebead
Tue May 05, 2015 6:05 pm
Forum: EEA-route Applications
Topic: EEA Residence Card for non-EEA extended family member - HELP
Replies: 9
Views: 3053

Re: EEA Residence Card for non-EEA extended family member -

It is unfortunately Home Office practice to issue COA without right to work for extended family members. However, sorry to say but you won't get a residence card unless you were dependent on your nephew before you arrived in the UK, and from your description it doesn't sound like it. The thread that...
by rosebead
Tue May 05, 2015 5:39 pm
Forum: EEA-route Applications
Topic: EEA2 For NON EEA Mother-in-Law
Replies: 1
Views: 210

Re: EEA2 For NON EEA Mother-in-Law

She does not have to return home to make an EEA application, it is perfectly fine for her to do it here. The form is now known as EEA(FM) . However, you must be able to prove that she is dependent on either you or your husband to have a right of residence. The Home Office likes to see proof of more ...
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