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by Obie
Mon Mar 11, 2024 9:03 am
Forum: EU Settlement Scheme
Topic: Dependents on EEA permits no longer need to demonstrate dependency
Replies: 10
Views: 3576
Ireland

Re: Dependents on EEA permits no longer need to demonstrate dependency

What exactly are they appealing.
by Obie
Fri Dec 15, 2023 12:11 pm
Forum: EU Settlement Scheme
Topic: Withdrawal agreement and rights of dependent family members of EU citizens
Replies: 2
Views: 1729
Ireland

Re: Withdrawal agreement and rights of dependent family members of EU citizens

This case raises an interesting legal point, which has not been addressed by any caselaw from the CJEU. If a person resides in an EEA state, which cease to be an EEA state in the course of their residence. If those individuals chooses to return to their state of origin after departure of the Host st...
by Obie
Tue Jul 18, 2023 7:53 pm
Forum: EU Settlement Scheme
Topic: New Statement of change, Surinder Singh, and Zambrano route are set to close from 08-08
Replies: 0
Views: 1343
Ireland

New Statement of change, Surinder Singh, and Zambrano route are set to close from 08-08

Statement of changes HC 1496: asylum, EU Settlement Scheme, and restrictions on students

Some negative changes are in the making.

Ban applications from joining family members without Family permits, close Surinder Singh and Zambrano, invalidate late applications.
by Obie
Tue Jul 18, 2023 7:43 pm
Forum: EU Settlement Scheme
Topic: Dependents on EEA permits no longer need to demonstrate dependency
Replies: 10
Views: 3576
Ireland

Dependents on EEA permits no longer need to demonstrate dependency

Dependency assumed for parents with EU Settlement Scheme family permits I have always doubted the logic of the Home Office, demanding dependent Family members who secured Family permit, to demonstrate again that they are dependent in order to secure Pre Settled status. The Uppper has finally addres...
by Obie
Mon Apr 24, 2023 8:43 am
Forum: British Citizenship
Topic: REVOKED CHILD'S BRITISH PASSPORT
Replies: 32
Views: 10461
Ireland

Re: REVOKED CHILD'S BRITISH PASSPORT

Positive development. I hope those born after July 2006 will not have to pay any fees aswell.
by Obie
Fri Apr 14, 2023 8:40 pm
Forum: Ireland
Topic: Retention of rights after divorce
Replies: 2
Views: 1214
Ireland

Re: Retention of rights after divorce

You should be able to retain your rights upon divorce.
by Obie
Fri Apr 14, 2023 8:38 pm
Forum: EU Settlement Scheme
Topic: Splitting from my EU partner. Unmarried partner.
Replies: 28
Views: 3831
Ireland

Re: Splitting from my EU partner. Unmarried partner.

I think you are reading a lot into that statement. The two can surely be true. A person can love staying in the UK, as they have built roots, and established themselves in a why that will be difficult to uproot. It is alao possible, that they loved their partners until an event occurred, which cause...
by Obie
Thu Apr 13, 2023 1:12 am
Forum: EU Settlement Scheme
Topic: both parents hold EU Pre Settlement can they apply for new born baby
Replies: 28
Views: 5134
Ireland

Re: both parents hold EU Pre Settlement can they apply for new born baby

It is, I fully agree. I encounter similar issues with them recently. It took a threat of Judicial review for them to back down. I had a case of a Recognised Palestinian stateless woman seeking to bring her partner to the UK. There are no application form available, even though the rules provides for...
by Obie
Thu Apr 13, 2023 12:52 am
Forum: EU Settlement Scheme
Topic: both parents hold EU Pre Settlement can they apply for new born baby
Replies: 28
Views: 5134
Ireland

Re: both parents hold EU Pre Settlement can they apply for new born baby

Thanks for that Vinny. I was unaware that it had been suggested.
by Obie
Wed Apr 12, 2023 11:23 pm
Forum: EU Settlement Scheme
Topic: Lounes Form/separated/Evidence ex partner
Replies: 1
Views: 1692
Ireland

Re: Lounes Form/separated/Evidence ex partner

If they saw it before and have copies on file, that should not be a problem.
Pre brexit case laws are applicable. The question is whether you can prove his or her continuous residence in the UK, over the relevant period.
by Obie
Wed Apr 12, 2023 11:21 pm
Forum: EU Settlement Scheme
Topic: both parents hold EU Pre Settlement can they apply for new born baby
Replies: 28
Views: 5134
Ireland

Re: both parents hold EU Pre Settlement can they apply for new born baby

I believe that Rule 304 to 306 are applicable in this case. I will be inclined to suggest FLR(FP).

In any event, it will be a breach of Article 8, to refuse leave in the particular circumstances of the scenerio we have here.
by Obie
Wed Apr 12, 2023 11:14 pm
Forum: EU Settlement Scheme
Topic: Splitting from my EU partner. Unmarried partner.
Replies: 28
Views: 3831
Ireland

Re: Splitting from my EU partner. Unmarried partner.

From what you have written, you do not want to go back to your country of origin, which would suggest that you married out of convenience. I'm just saying what the HO will think, and they will ask you why you feel you have a right to remain in the UK now you are no longer in a relationship with som...
by Obie
Mon Jun 20, 2022 3:15 pm
Forum: Immigration for family members
Topic: Form used for spouse of recognised stateless person
Replies: 0
Views: 378
Ireland

Form used for spouse of recognised stateless person

Dear guys, well today it is me asking questions as Home Office are giving me the silence treatment. Has anyone applied for Entry Clearance as spouse of a recognised stateless person. The immigration rules makes provision for leave to enter, but what about the form for the spouse. I welcome feedback ...
by Obie
Thu May 12, 2022 7:38 am
Forum: Ireland
Topic: EU3 Timeline for Non-Eu family Members of British Citizens
Replies: 189
Views: 20652
Ireland

Re: EU3 Timeline for Non-Eu family Members of British Citizens

He should issue a 10 years Visa not 5 years.

It should be 10 years WAB.
by Obie
Tue May 10, 2022 10:06 am
Forum: Ireland
Topic: EU3 Timeline for Non-Eu family Members of British Citizens
Replies: 189
Views: 20652
Ireland

Re: EU3 Timeline for Non-Eu family Members of British Citizens

Well it is fine for the temporary stamp 4 to state just stamp 4. However, it is wrong for the permanent residence document to state Stamp 4 only. The treaty states the card must record that it has been issued under the withdrawal agreement. Therefore either they should call it a stamp 4 WAB card, bu...
by Obie
Wed May 04, 2022 3:14 pm
Forum: Ireland
Topic: Regularisation Scheme Form Problems
Replies: 1
Views: 702
Ireland

Re: Regularisation Scheme Form Problems

The answer should be in the negative, since you have not left the state since being undocumented.
by Obie
Wed May 04, 2022 9:04 am
Forum: Ireland
Topic: EU3 Timeline for Non-Eu family Members of British Citizens
Replies: 189
Views: 20652
Ireland

Re: EU3 Timeline for Non-Eu family Members of British Citizens

Just out of interest guys, I have recently noticed that those PR people receiving the new residence permit that the department start issuing since March 2022, do not have a statement saying the card was issued under the withdrawal agreement, it simply states stamp 4, and this clearly breaches the te...
by Obie
Mon May 02, 2022 1:57 pm
Forum: EU Settlement Scheme
Topic: Pre settled/settled status application or UK citizenship for children born overseas on or after 1 April 2021
Replies: 8
Views: 2184
Ireland

Re: Pre settled/settled status application or UK citizenship for children born overseas on or after 1 April 2021

I apologise if I misread your post. It is just the suggestion that the earliest time the child will qualify is 2026, gave me the impression, that you are suggesting the other parent must also be a settled person. I take back the views i expressed, if the suggestion was not that both parents must be ...
by Obie
Mon May 02, 2022 1:09 pm
Forum: EU Settlement Scheme
Topic: Pre settled/settled status application or UK citizenship for children born overseas on or after 1 April 2021
Replies: 8
Views: 2184
Ireland

Re: Pre settled/settled status application or UK citizenship for children born overseas on or after 1 April 2021

With all due respect Secretsimon, the guidance does not appear to support what you are saying. If you look at the 1st 3 lines of page 29, and the second alternative requirement bullet point, it is clear that it is not compulsory for both parents to have settled status. You are a very experienced and...
by Obie
Mon May 02, 2022 11:07 am
Forum: Ireland
Topic: Stamp 1G and Maternity leave payment
Replies: 3
Views: 1337
Ireland

Re: Stamp 1G and Maternity leave payment

Claiming maternity benefits will not affect your visa.

As indicated, it is not means tested, and it will be discriminatory on grounds of gender if you were prohibited from claiming it, as such conditions will likely affect female workers than male workers.
by Obie
Mon May 02, 2022 10:47 am
Forum: EU Settlement Scheme
Topic: Pre settled/settled status application or UK citizenship for children born overseas on or after 1 April 2021
Replies: 8
Views: 2184
Ireland

Re: Pre settled/settled status application or UK citizenship for children born overseas on or after 1 April 2021

AND that both the child and the other parent have settled status/ILR. I am not sure that is correct. It suffice that one of the parent is settled, applying for British citizen or already and British Citizen, and the other parent has status in the UK, which does not make them removable in the short ...
by Obie
Sun May 01, 2022 9:55 pm
Forum: EU Settlement Scheme
Topic: EEA Family Permit(EUSS) for Direct and Extended FM
Replies: 5
Views: 2167
Ireland

Re: EEA Family Permit(EUSS) for Direct and Extended FM

For the Home Office, the deadline to appeal is 14 days. 28 days only applies if you are applying from outside the UK.

They do not issue EEA family permit anymore, so hopefully father in law and brother in law will receive EU settlement scheme family permit..
by Obie
Sun May 01, 2022 9:50 pm
Forum: EU Settlement Scheme
Topic: Re-entering UK with settled/pre-settled status
Replies: 2
Views: 942
Ireland

Re: Re-entering UK with settled/pre-settled status

You will be fine, you have no need to worry.
by Obie
Sun May 01, 2022 9:48 pm
Forum: EU Settlement Scheme
Topic: Pre settled/settled status application or UK citizenship for children born overseas on or after 1 April 2021
Replies: 8
Views: 2184
Ireland

Re: Pre settled/settled status application or UK citizenship for children born overseas on or after 1 April 2021

I think some aspect of your response may need modification. 1. The child will be entitled to Settled status and not pre settled status. 2. The Treaty provides for application to be made within 3 months of entry. 3. Registration can be done under 3 (1) for a child under 13, without the need for 3 yea...
by Obie
Sun May 01, 2022 9:45 pm
Forum: EU Settlement Scheme
Topic: Dependent parent/ request for evidence of dependency .
Replies: 16
Views: 2946
Ireland

Re: Dependent parent/ request for evidence of dependency .

I think ‘ under this Appendix ’ refers to Appendix EU . Appendix EU differs from Appendix EU (Family Permit) . This is an important point Vinny. EU settlement family permit is not leave to remain, but when a person enters the UK with it, it is leave to enter under Appendix EU. So far I have been re...
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