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...
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...
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...
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.
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.
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 ...
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...
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...
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...
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.
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...
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...
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...
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...
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....
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'...
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...
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 ...
EHICs only cover you if your stay is temporary. EEA students could possibly argue that fact but I'm not sure whether your wife can really argue that her stay was temporary after working for 3 years in the UK. There's no harm in trying, I suppose. However EHICs only cover the holder, I believe, if I ...
You do not need to remember every absence since the beginning of your residence in the UK. All that is important for PR is that you were continuously exercising Treaty rights for a period of 5 years (any 5-year window of your choosing) and that absences in that 5-year period amount to no more than 6...
You do not need to provide your entire history in the UK, as that's what it sounds like you're doing. Just pick any 5 year window in the UK that you were legally resident and that you have good proofs for. What absences are we talking about here, short holidays? If so, just write that on the form an...
They must be dependent on you to be eligible to have an automatic right of residence in Ireland. They must rely on you for material support for their essential needs. Material support can be for example in the form of money or in the form of food, shelter and clothing, etc, that you provide for them...
You would be better off travelling with your German residence card if it's an Article 10 residence card obtained under the Surinder Singh route - the UK has long recognised German cards for entry since last year I believe. Residence cards are usually invalidated by absences over 6 months, unless the...
