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by Obie
Fri May 08, 2020 11:06 am
Forum: Ireland
Topic: Gnib stamp query
Replies: 5
Views: 530
Ireland

Re: Gnib stamp query

Further notice will be published i believe. It is likely that they will extend temporary permission to those whose visa expired after 20th May 2020.
by Obie
Wed May 06, 2020 10:40 am
Forum: EEA-route Applications
Topic: Retained rights fro opposite sex civil partner
Replies: 12
Views: 344
Ireland

Re: Unmarried couple with a child - separation

Chen does apply to you, as you have an EU child whom you are looking after.
by Obie
Wed May 06, 2020 10:18 am
Forum: EEA-route Applications
Topic: Retained rights fro opposite sex civil partner
Replies: 12
Views: 344
Ireland

Re: Unmarried couple with a child - separation

my partner is self employed. Fairly certain that a self-employed person is also a worker. I am not sure that is correct. In some context EU self employed are treated as a worker. However by definition, a worker has different meaning from a self employed. Also see Hrabkova Also Czop . In the particu...
by Obie
Tue May 05, 2020 7:58 pm
Forum: EEA-route Applications
Topic: Retained rights fro opposite sex civil partner
Replies: 12
Views: 344
Ireland

Re: Unmarried couple with a child - separation

can I apply for retained right of residence? No, because retained right of residence only applies to married spouses, not unmarried partners. You may be able to apply for a derivative right of residence based on your child. Unsure of whether reception counts as "being in education" and I will leave...
by Obie
Tue May 05, 2020 1:10 am
Forum: EEA-route Applications
Topic: Significant portion of Regulation 9 ruled unlawful
Replies: 69
Views: 34566
Ireland

Re: Significant portion of Regulation 9 ruled unlawful

No need to be a “qualified person” to use the Surinder Singh route > HK v SSWP (PC) [2020] UKUT 73 (AAC) (11 March 2020) . Saw it Vinny, too little too late i will say. Saw many cases where the so called independent Tribunal dismissed appeals, unfortunately. Any person who knows a thing or two abou...
by Obie
Fri May 01, 2020 9:05 pm
Forum: EEA-route Applications
Topic: Non EU depends
Replies: 4
Views: 400
Ireland

Re: Non EU depends

She is e non eu, because I and my ex partner we are both non eu. When I got married now with my wife which is an eu citizen. My child was living with her mother (my ex partner) Yes it is possible that your child could join you with the mother's consent. There is a pathway in law, if that is the que...
by Obie
Thu Apr 30, 2020 10:34 pm
Forum: EEA-route Applications
Topic: Non EU depends
Replies: 4
Views: 400
Ireland

Re: Non EU depends

Why is your child not an EU citizen?

Your child could qualify as well on the baais of your new relationship.
by Obie
Thu Apr 30, 2020 1:44 am
Forum: Immigration for family members
Topic: FLR (M) Fee waiver Request
Replies: 5
Views: 258
Ireland

Re: FLR (M) Fee waiver Request

No the response in this thread does not seem to be correct.

Since January 2019, FLR(M) applicant could apply for fee waiver, if paying the fee will result in them becoming destutute.
by Obie
Wed Apr 29, 2020 5:56 pm
Forum: EEA-route Applications
Topic: Settled Status for Surinder Singh dependant
Replies: 2
Views: 215
Ireland

Re: Settled Status for Surinder Singh dependant

Pre-settled may claim public funds. After 5 years, the Home Office may check the dependency again. Actually, sometimes you see "dependency is assumed". So it could be as well as the parent would get his settled status even if he is supported by State. But you can't be 100% sure as the Home Office m...
by Obie
Wed Apr 29, 2020 4:14 pm
Forum: EEA-route Applications
Topic: Chen vs Ibrahim and Teixeira
Replies: 13
Views: 384
Ireland

Re: Chen vs Ibrahim and Teixeira

I respectfully disagree with the advise given.

Regulation 10 (2)(b), can under no circumstances be read in that way.
by Obie
Wed Apr 29, 2020 2:49 pm
Forum: EEA-route Applications
Topic: Chen vs Ibrahim and Teixeira
Replies: 13
Views: 384
Ireland

Re: Chen vs Ibrahim and Teixeira

The advise the gave to her is correct, she was not residing in the UK in the 12 months preceding the death of the qualified person. Therefore as Secret Simon correctly stated, she could not retain a right of residence based on the marriage, as she had only been living in the UK for 6 month prior to ...
by Obie
Wed Apr 29, 2020 11:35 am
Forum: EEA-route Applications
Topic: Chen vs Ibrahim and Teixeira
Replies: 13
Views: 384
Ireland

Re: Chen vs Ibrahim and Teixeira

Did your brother work in the UK at any point prior to his demise, and are 7 years old and 4 years old in school at present.
by Obie
Tue Apr 28, 2020 7:06 pm
Forum: EEA-route Applications
Topic: Retained Rights Before 3 Years Marriage Ended
Replies: 9
Views: 369
Ireland

Re: Retained Rights Before 3 Years Marriage Ended

Did you fail in the long residence application you were anticipating?
by Obie
Sat Apr 25, 2020 2:49 pm
Forum: EEA-route Applications
Topic: Surinder Singh is it too late to start?
Replies: 13
Views: 1376
Ireland

Re: Surinder Singh is it too late to start?

The difficulties is that the withdrawal agreement just like the Directive made no explicit or maybe even an implicit provision for Surinder Singh. Reliance is therefore normally placed on the government policy. As Secret Simon correctly stated, the foundation of Surinder singh originates from the Tr...
by Obie
Sat Apr 25, 2020 11:00 am
Forum: EEA-route Applications
Topic: Surinder Singh is it too late to start?
Replies: 13
Views: 1376
Ireland

Re: Surinder Singh is it too late to start?

A British citizen can no longer do Surinder Singh after the 31-01-2020. What makes you say that? As a UK citizen I still have the right to travel to the EU and exercise my freedom of movement up until the end of December this year if I’m not very much mistaken. I am not a lawyer, any my interpretat...
by Obie
Fri Apr 24, 2020 7:00 pm
Forum: EEA-route Applications
Topic: Surinder Singh is it too late to start?
Replies: 13
Views: 1376
Ireland

Re: Surinder Singh is it too late to start?

A British citizen can no longer do Surinder Singh after the 31-01-2020.
by Obie
Thu Apr 23, 2020 2:24 pm
Forum: EEA-route Applications
Topic: EU settlement scheme: cover letter, sponsor in prison
Replies: 11
Views: 330
Ireland

Re: EU settlement scheme: cover letter, sponsor in prison

You will not qualify for Settled Status if you have been married for less than 5 years.

Prison sentence breaks residence for the purposes of Settled status.
by Obie
Wed Apr 22, 2020 7:28 pm
Forum: EEA-route Applications
Topic: EU settlement scheme: cover letter, sponsor in prison
Replies: 11
Views: 330
Ireland

Re: EU settlement scheme: cover letter, sponsor in prison

At the time of his incarceration, had you been residing in the UK as a married couple for 5 years at that period.
by Obie
Mon Apr 20, 2020 11:30 am
Forum: EEA-route Applications
Topic: Surinder Singh NHS Support and Visa
Replies: 4
Views: 248
Ireland

Re: Surinder Singh NHS Support and Visa

Are you living in France with you mother and her partner at the moment?
by Obie
Sat Apr 18, 2020 9:05 pm
Forum: EEA-route Applications
Topic: Unmarried Partner - Pre- Settled Status Application
Replies: 3
Views: 314
Ireland

Re: Unmarried Partner - Pre- Settled Status Application

Sorry about your predicament. The scheme only applies to family members, and a durable partner or extended family member without a residence card, is not classified as a family nember, and hence cannot apply under the settlement scheme.
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