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by reynaldogr
Wed May 02, 2018 6:54 am
Forum: EU Settlement Scheme
Topic: Do dual EU-UK citizens have rights under EU law?
Replies: 714
Views: 97923

Re: Do dual EU-UK citizens have rights under EU law?

Home Office has been using ploy to resist appeal, saying they are withdrawing the decision on day of hearing. Appellant should seek to resist that and ask that appeal proceed, and if Home Office withdraw make a threat of wasted cost. Dear Obie, Could you please explain what did you mean in this pos...
by reynaldogr
Tue May 01, 2018 4:35 pm
Forum: EU Settlement Scheme
Topic: Do dual EU-UK citizens have rights under EU law?
Replies: 714
Views: 97923

Re: Do dual EU-UK citizens have rights under EU law?

Hi Gents, Don't want anyone to panic but will be interested to know your opinion on something that just came across to my mind. No one has said that the Lounes Case will apply retrospectively. There is still a possibility that our Non-EEA spouses would have broken their lawful 5 year residence conti...
by reynaldogr
Sun Apr 29, 2018 12:55 pm
Forum: EU Settlement Scheme
Topic: Do dual EU-UK citizens have rights under EU law?
Replies: 714
Views: 97923

Re: Do dual EU-UK citizens have rights under EU law?

Hey guys. Another update and different date Another confirmation from home office for people who are looking to apply for permanent residence. 😊😊😊😊😊😊😊😊😊😊 Good news keep coming Once again he is not covered by TA Dear.......... Thank you for the email, Your conditions/rights to exercise your rights a...
by reynaldogr
Sat Apr 28, 2018 11:09 am
Forum: EU Settlement Scheme
Topic: Do dual EU-UK citizens have rights under EU law?
Replies: 714
Views: 97923

Re: Do dual EU-UK citizens have rights under EU law?

This is excellent news! Many thanks for keeping all this forum up to speed siverman/kam999... may i know the link where you get to see this reply?
Br
by reynaldogr
Thu Apr 26, 2018 4:08 pm
Forum: EU Settlement Scheme
Topic: Do dual EU-UK citizens have rights under EU law?
Replies: 714
Views: 97923

Re: Do dual EU-UK citizens have rights under EU law?

Just spoke with the Lounes Case barrister chamber's assistance and for any consultation he will charge 350 pound an hour. Not willing to waste this money not knowing for sure that i will get a direct/plain answer really. I would have thought all this information would have been available to the gene...
by reynaldogr
Thu Apr 26, 2018 1:59 pm
Forum: EU Settlement Scheme
Topic: Do dual EU-UK citizens have rights under EU law?
Replies: 714
Views: 97923

Re: Do dual EU-UK citizens have rights under EU law?

it may be due to the fact that after 10 years of legally living in the UK on any route or a combination of them, you will be entitle to PR by law ? but TBH I'm not so familiar with this topic. Not true. It is NOT an entitlement! For ILR based on 10 years long residence, you must meet the strict cri...
by reynaldogr
Thu Apr 26, 2018 1:54 pm
Forum: EU Settlement Scheme
Topic: Do dual EU-UK citizens have rights under EU law?
Replies: 714
Views: 97923

Re: Do dual EU-UK citizens have rights under EU law?

I agree with Salud. There is nothing else we could do other than simply wait. Anything else will be speculations.
Positive vibes for everyone!
by reynaldogr
Thu Apr 26, 2018 1:17 pm
Forum: EU Settlement Scheme
Topic: Do dual EU-UK citizens have rights under EU law?
Replies: 714
Views: 97923

Re: Do dual EU-UK citizens have rights under EU law?

not sure my friend but even though what you said may be ok, the doubt is still there. As far as i concern, even the Barrister ruining the Lounes Case doesn't have a direct answer. Or at least that what it appears...
by reynaldogr
Thu Apr 26, 2018 1:08 pm
Forum: EU Settlement Scheme
Topic: Do dual EU-UK citizens have rights under EU law?
Replies: 714
Views: 97923

Re: Do dual EU-UK citizens have rights under EU law?

it may be due to the fact that after 10 years of legally living in the UK on any route or a combination of them, you will be entitle to PR by law ? but TBH I'm not so familiar with this topic. Not true. It is NOT an entitlement! For ILR based on 10 years long residence, you must meet the strict cri...
by reynaldogr
Thu Apr 26, 2018 12:50 pm
Forum: EU Settlement Scheme
Topic: Do dual EU-UK citizens have rights under EU law?
Replies: 714
Views: 97923

Re: Do dual EU-UK citizens have rights under EU law?

by reynaldogr
Thu Apr 26, 2018 12:48 pm
Forum: EU Settlement Scheme
Topic: Do dual EU-UK citizens have rights under EU law?
Replies: 714
Views: 97923

Re: Do dual EU-UK citizens have rights under EU law?

it may be due to the fact that after 10 years of legally living in the UK on any route or a combination of them, you will be entitle to PR by law? but TBH I'm not so familiar with this topic. If is this is true, the outcome of our PR app could be that our spouses will be issued with another 5 years ...
by reynaldogr
Thu Apr 26, 2018 12:01 pm
Forum: EU Settlement Scheme
Topic: Do dual EU-UK citizens have rights under EU law?
Replies: 714
Views: 97923

Re: Do dual EU-UK citizens have rights under EU law?

Many thanks silverman123. Hopefully will all end up well. :) I had left a tweet yesterday to @xxxxxxxxxx about the Derivative Rights and Permanent Residence rights: Tweet: " would they ever be entitled to apply for PR after 5 years of residence? Not confortable with the "derivative rights" wording. ...
by reynaldogr
Wed Apr 25, 2018 7:53 pm
Forum: EU Settlement Scheme
Topic: Do dual EU-UK citizens have rights under EU law?
Replies: 714
Views: 97923

Re: Do dual EU-UK citizens have rights under EU law?

The question that still is open, is if by derivative rights would they be able to be able to ever get a PR and then afterward BC. Keep in mind that Lounes case is for dual nationals EU nationals naturalised British, applying for a 5 year Residence Card for their non ea national spouses. Most of this...
by reynaldogr
Mon Apr 23, 2018 11:52 am
Forum: EU Settlement Scheme
Topic: Do dual EU-UK citizens have rights under EU law?
Replies: 714
Views: 97923

Re: Do dual EU-UK citizens have rights under EU law?

Hi all! Just a quick note to let you know that my wife has submitted her application for Permanent residence today. Similarly as @ebi did, i'll leave you my wife application timeline below: Application sent : 23/04/2018 HO received the Application: Payment taken: Email confirmation: Biometric letter...
by reynaldogr
Tue Apr 17, 2018 11:32 pm
Forum: EU Settlement Scheme
Topic: Do dual EU-UK citizens have rights under EU law?
Replies: 714
Views: 97923

Re: Do dual EU-UK citizens have rights under EU law?

Dear lajis,

I can confirm the above mentioned letter is genuine as I received the same respond few days ago from an authorised home office’s email (public.enquiries@homeoffice.gsi.gov.uk) to my personal inbox, after a consultation I had made few weeks ago.

Br
by reynaldogr
Sat Apr 07, 2018 5:07 am
Forum: EU Settlement Scheme
Topic: Do dual EU-UK citizens have rights under EU law?
Replies: 714
Views: 97923

Re: Do dual EU-UK citizens have rights under EU law?

I’ve received this respond from the HO today: Thank you for your letter of 21 February about the implementation by the Home Office of the Toufik Lounes v Secretary of State for the Home Department (C-165/16) judgment that was promulgated by the Court of Justice of the European Union (CJEU) on 14 Nov...
by reynaldogr
Tue Mar 27, 2018 6:37 pm
Forum: EU Settlement Scheme
Topic: Do dual EU-UK citizens have rights under EU law?
Replies: 714
Views: 97923

Re: Do dual EU-UK citizens have rights under EU law?

EEA (PR) 2.9 Current nationality is EU country where your sponsor came from 2.10 yes 2.11 British from(ddmmyyyy? to Present 3.2 Tick the first and complete section 11. + I am applying for Permanent Residence Card with reference Toufik Lounes judgment of CJEU at 14/11/2017 Luxemburg ......and i also...
by reynaldogr
Mon Mar 26, 2018 10:15 pm
Forum: EU Settlement Scheme
Topic: Do dual EU-UK citizens have rights under EU law?
Replies: 714
Views: 97923

Re: Do dual EU-UK citizens have rights under EU law?

Non EEA family member of dual nationals Eu/Uk Permanent Residence Application. Here is my time line Application sent : 19/03/2018 HO received the Application 20/03/2018 Payment taken: 21/03/2018 Email confirmation: 26/03/2018 Biometric letter: Biometric enrolled: C.O.A received: PR Card: Hi ebi. Th...
by reynaldogr
Sat Mar 10, 2018 3:53 pm
Forum: EU Settlement Scheme
Topic: Do dual EU-UK citizens have rights under EU law?
Replies: 714
Views: 97923

Re: Do dual EU-UK citizens have rights under EU law?

I don't think anyone is creating fear, and the people saying that they are likely to refuse are very correct. Since the Lounes case I have dealt with 2 refusals and in both of the decisions which postdates Lounes, the Home office Quote the regulation 2 definition of EEA national and refused the app...
by reynaldogr
Thu Mar 08, 2018 7:16 am
Forum: EU Settlement Scheme
Topic: Do dual EU-UK citizens have rights under EU law?
Replies: 714
Views: 97923

Re: Do dual EU-UK citizens have rights under EU law?

Hi Vinny, Could you translate what do you mean in more simple terms for the general audience? Looking at the decision? was this on favour of Mr Sivakumar and her German Spouse? I can deduct this from item number 7, but then, reading items 8, 9 and 10 it kind of confuse me. Could you please clarify ...
by reynaldogr
Tue Mar 06, 2018 2:37 pm
Forum: EU Settlement Scheme
Topic: Do dual EU-UK citizens have rights under EU law?
Replies: 714
Views: 97923

Re: Do dual EU-UK citizens have rights under EU law?

Good and logical judgment. Unfortunately not a binding authority, so home office may want to continue pushing its luck. Hi Vinny, Could you translate what do you mean in more simple terms for the general audience? Looking at the decision? was this on favour of Mr Sivakumar and her German Spouse? I ...
by reynaldogr
Sun Mar 04, 2018 9:43 pm
Forum: EU Settlement Scheme
Topic: Do dual EU-UK citizens have rights under EU law?
Replies: 714
Views: 97923

Re: Do dual EU-UK citizens have rights under EU law?

Hi Reynal. I was student I married my wife in 2012 may .but I apply for EEA January 2013 .so I apply for pr in jun 2017 .i accounting 5 year from date of marriage.and than I got refused because my wife she became British citizens in March 2013 . Hi Ron121, Many thanks for the info. I appreciate tha...
by reynaldogr
Fri Mar 02, 2018 12:25 pm
Forum: EU Settlement Scheme
Topic: Do dual EU-UK citizens have rights under EU law?
Replies: 714
Views: 97923

Re: Do dual EU-UK citizens have rights under EU law?

Hi chao . Yes I did mentioned Lounes Many thanks for sharing the progress of your appeal Ron121. May i know one more piece of information. Do you remember roughly when did you submit your application for the a Residence Card back in 2012 or when did you get your Family Member visa/entry clearance?....
by reynaldogr
Mon Feb 26, 2018 1:55 pm
Forum: EU Settlement Scheme
Topic: Do dual EU-UK citizens have rights under EU law?
Replies: 714
Views: 97923

Re: Do dual EU-UK citizens have rights under EU law?

Hello, From Success82 initial post telling us their story, my understanding is that they are also not covered by TA: "I got married to EU citizen in November 2012, applied for residence card in December 2012, got my 5yr residence vignette in my passport in Feb 2013..." As reynaldogr notes in post a...
by reynaldogr
Sun Feb 25, 2018 7:00 pm
Forum: EU Settlement Scheme
Topic: Do dual EU-UK citizens have rights under EU law?
Replies: 714
Views: 97923

Re: Do dual EU-UK citizens have rights under EU law?

Hi mate, Just to clarify 3 things about your previous post, to avoid anyone in this forum getting confuse: 1) Success82 did mention that her spouse was BC in the “other nationalities” section of the sponsor. I had personally asked her about this and she answered, with a YES. So she didn’t hide anyt...
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