Unless the UK opt out of the EEA, how else are they going to circumvent the The Surinder Singh and Eind judgments? That's what I was wondering: would welcome a bit more detail! The way I read the McCarthy amendments the Regs would force a dual national living elsewhere in the UK to fulfil the "econ...
I agree with wormintrude: my understanding is that the job offer for the UK partner is an additional requirement for couples returning from overseas, and not an optional alternative. Otherwise, you would get the absurd situation where a person who actually came to the UK and started a new job would ...
wormintrude, the IDI's (guidance used by Entry Clearance Officers when making decisions) say: Income from employment or self-employment of the partner and/or the applicant if or once they are in the UK with permission to work. (This means that the applicant’s earnings from employment or self-employm...
Ah, I see: sorry, I was not putting together your statements about your RC and marriage properly. If you are only a few days shy of making the 5 year residence period, then as long as you have all the relevant evidence in order, including evidence of your own work, you can wait until August (to reac...
lucky802, are you sure your 5-year qualification period ends in August? It would be unusual for it to have started on the same date as your Residence Card: did you enter the UK to join your EEA-national spouse, or marry them here, before August 2007? Your qualification period for PR starts from the ...
The important point is not that the EEA national has been a qualified person during their residence to date, but that they are a qualified person at the date the divorce becomes final. The relevant bits of Regulation 10: (5) A person satisfies the conditions in this paragraph if— (a)he ceased to be ...
If we see a sneaky additional amendment to the Rules in the forthcoming statement of changes we will know that sushdmehta's correspondence has fired them to action!
She's on now. Confirmed changes to take place from 9th July. Statement of intent to be published today. Statement of changes (where the new rules are set out in detail before parliament) to come later - these will have to come at least 21 days before 9th July. So we've got a week to wait for the "f...
319AA. In paragraphs 319A to 319K and Appendix E, 'Relevant Points Based System Migrant' means a migrant granted to leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 (General) Student or a Tier 5 (Temporary Worker) Migrant. Unfortunately the definition doesn't refer to paragraph 287 as well, bu...
eve00, do you know whether your ex was actually exercising treaty rights during a 5-year period while you have been here? For example, do you know whether he was working and if so where? Is your daughter automatically a German national (albeit one whose father won't assist in getting a passport), or...
Some questions: What is your nationality? Is the child's other parent the EEA national on whom you depend for your family member status? How did you qualify as a family member (marriage, unmarried partner, civil partner)? How long have you been in the UK? Are there any court ordered contact arrangem...
If you have less than 1 year's service (or 2 years if you started work after 6 April) then you cannot claim unfair dismissal against your employer. Was there anything in your contract that required you to produce proof of your right to work? Has your employer indicated that they will take you back o...
nat & owa, do you get anything at all in remuneration from the organisation you do voluntary work for (whether in cash or in kind)? Do you receive training in return for the work you do?
Can you find any paid work in Spain (it does not have to be full time)?
In order to retain a right of residence you must have been married for 3 years before divorce proceedings are initiated. If your wife has already started proceedings, then it looks like you do not qualify.
If your partner is an Irish national who has been employed in the UK by his current employer since 2004, he should have acquired PR in 2009. It might be useful for him to obtain confirmation of that in case he is out of work in the future: as long as he has PR you will continue to have a right to re...
You may succeed in your application on the basis of the evidence you have sent in. However, I think that what is likely to happen is that your application will be refused (on the basis that you do not have documents showing your wife was working), and you will have to appeal. When you appeal, you sh...
An overseas criminal conviction may form the basis of a refusal if the offence would have attracted a sentence of 12 months or more in the UK. The application should not be refused if the offence is "spent": to be honest I don't know how this applies to overseas convictions, although I would guess t...
An affidavit is a written statement made by your wife, which she then signs and swears to the truth of. There are certain rules about how it should be set out: I would suggest she contact her local Citizens Advice Bureau or a solicitor to ask for help in writing it. Your financial sponsor should wri...
How do you know that she is working? For example, have you had conversations with her or her employer? Seen her going to work at a particular address? Basically you can only submit the papers that you have, but you should also send a covering letter explaining the rest of your wife's work history as...
EUN2.11 of the EEA Family Permit rules states that an unmarried partner can be considered for an EEA family permit as an extended family member if they are in a 'durable relationship' with the EEA national and would satisfy similar criteria used for unmarried partners under paragraph 295A of the Im...
searching , your wife needs to make a written statement and then swear (or affirm) that it is true in front of a solicitor or other "commissioner for oaths". In the circumstances it would probably be advisable for her to have some help in drafting the statement to make sure it contains all the nece...
searching, in your thread about your appeal , sushdmehta directed you to the visa provisions for people exercising a right of access to a child resident in the UK . Normally, a person who has previously been refused under 320(7A) (as you have) would be refused subsequently under 320(7B) (for having ...
Hi Procase See if your partner can get some help with the affidavit. She needs to set out the facts of your family relationship and state that you will have the normal everyday contact with your child that a resident parent has. You will also need to be careful in showing that you can provide for yo...
