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by sfljiaf
Sun Jul 07, 2019 8:33 am
Forum: EU Settlement Scheme
Topic: Lounes, Pre-settled status, and continued exercise of treaty rights
Replies: 4
Views: 803

Lounes, Pre-settled status, and continued exercise of treaty rights

Hi all, I've been helping a friend with their EEA residence card and now pre-settled status application recently, and we have come across a subtle ambiguity that I wonder if anyone else has some thoughts on: With the settlement scheme, if a (extended) family member gets pre-settled status now and wa...
by sfljiaf
Thu Jul 04, 2019 10:23 am
Forum: EU Settlement Scheme
Topic: Non-EEA family member of dual citizen - Possible to switch the visa?
Replies: 14
Views: 1006

Re: Non-EEA family member of dual citizen - Possible to switch the visa?

But, there is one difference: Mr Lounes was unlawfully present in the UK, and could not benefit from the routes available from British immigration. In the OPs case, they are lawfully present, so their right to a family life will not be curtailed if the EEA route is not available to them, which was ...
by sfljiaf
Thu Jul 04, 2019 7:52 am
Forum: EU Settlement Scheme
Topic: Non-EEA family member of dual citizen - Possible to switch the visa?
Replies: 14
Views: 1006

Re: Non-EEA family member of dual citizen - Possible to switch the visa?

The key point is that you were not an EEA family member with an EEA residence card under the ewa/EU rules before your spouse became British and you got married. Is it a requirement that the relationship to the EEA sponsor already existed at the time the sponsor acquired British citizenship? My unde...
by sfljiaf
Fri Jun 28, 2019 11:06 am
Forum: EU Settlement Scheme
Topic: Residence card (non-permanent) documents
Replies: 1
Views: 250

Re: Residence card (non-permanent) documents

Don't know about 2 and 3, but for 1, you can include a pre-addressed, pre-paid special delivery envelope with your application for return of documents. You can get those at a post office.
by sfljiaf
Mon Apr 22, 2019 11:35 am
Forum: EU Settlement Scheme
Topic: Application for naturalisation: with PR or Settled Status?
Replies: 4
Views: 492

Re: Application for naturalisation: with PR or Settled Status?

I don't think it makes any difference for naturalisation if you apply for settled status or not. For one, the requirement for naturalisation is to have been free of immigration time restrictions for 12 months, not to have been so under a specific rule or category. That it, it's not like settled stat...
by sfljiaf
Sun Apr 07, 2019 5:08 pm
Forum: EU Settlement Scheme
Topic: Proving durable relationship for EEA family permit unmarried partner without cohabitation evidence
Replies: 3
Views: 1011

Re: Proving durable relationship for EEA family permit unmarried partner without cohabitation evidence

I assume you mean the EEA residence card, not family permit. RC is for when you are already in the UK, FP is for entering the UK. So just to check, when you say " you do not currently live together", but then you say you "have been living in (your) partner's house in recent months" - which is it? Do...
by sfljiaf
Fri Apr 05, 2019 8:52 pm
Forum: EU Settlement Scheme
Topic: Family came to UK on spouse/dependent visas, spouse rec'd EU citizenship in the interim, renewal coming up, what to do?
Replies: 15
Views: 1020

Re: Family came to UK on spouse/dependent visas, spouse rec'd EU citizenship in the interim, renewal coming up, what to

PS: Funnily enough something similar was just discussed in another thread recently, albeit at the time as a purely hypothetical scenario: post1745324.html#p1745324
by sfljiaf
Fri Apr 05, 2019 8:42 pm
Forum: EU Settlement Scheme
Topic: Family came to UK on spouse/dependent visas, spouse rec'd EU citizenship in the interim, renewal coming up, what to do?
Replies: 15
Views: 1020

Re: Family came to UK on spouse/dependent visas, spouse rec'd EU citizenship in the interim, renewal coming up, what to

My understanding is that to gain permanent residence under EU rules (respectively settled status under the EU settlement scheme), one has to have been resident in the UK 5 years under EU rules . In other words, the clock for that starts only when you start being in the UK under EU rules. There is a ...
by sfljiaf
Thu Mar 28, 2019 12:59 pm
Forum: EU Settlement Scheme
Topic: Question
Replies: 3
Views: 349

Re: Question

1. Correct, you will only get PR from 5 years after your arrival. By that time, if Brexit goes ahead, it'll be "settled status" rather than PR. 2. For PR, if you were a student you would have to show that you had comprehensive health insurance. (NHS doesn't count. EHIC card from your home country do...
by sfljiaf
Wed Mar 27, 2019 11:50 am
Forum: Referendum-News and Developments
Topic: Softer / Common Market 2.0 / Norway style Brexit - Implications for EEA route?
Replies: 5
Views: 6369

Re: Softer / Common Market 2.0 / Norway style Brexit - Implications for EEA route?

Also, several of the proposals discussed recently mention "a" customs union, or "close alignment with" the single market, etc.; rather than membership in "the" customs union or the single market. I think ultimately (IF they were to go in this direction), they might seek to negotiate an arrangement s...
by sfljiaf
Tue Mar 26, 2019 3:19 pm
Forum: EU Settlement Scheme
Topic: EEA(FM) EEA2 - TIMELINES ONLY
Replies: 1448
Views: 392786

Re: EEA(FM) EEA2 - TIMELINES ONLY

Application posted on : 26/2/2019 Received by UKVI/HO on : 27/2 Payment taken on : 4/3 No confirmation email. Bio letter received on : 11/3 Biometrics Enrolled on : 11/3 COA With Work : - COA Without Work : 11/3 (same envelope as biometrics letter) Documents Returned on : 21/3, with letter saying RC...
by sfljiaf
Mon Mar 25, 2019 12:39 am
Forum: EU Settlement Scheme
Topic: EEA student with PR needs insurance?
Replies: 2
Views: 326

Re: EEA student with PR needs insurance?

I believe once you have PR you don't need the insurance anymore.
by sfljiaf
Sun Mar 24, 2019 9:59 am
Forum: EU Settlement Scheme
Topic: Brexit Cancelled, What next for Settled (ILR) and Pre-Settled Status
Replies: 28
Views: 2953

Re: Brexit Cancelled, What next for Settled (ILR) and Pre-Settled Status

Rarely do they act retrospectively though. Yes they did, when the con-lib govt changed the criteria for eligibility for EEA-PR back in 2014 retroactively. I was eligible according to the old criteria but not the new ones. And just one more word: Windrush! Any government can change immigration rules...
by sfljiaf
Mon Mar 18, 2019 9:01 pm
Forum: EU Settlement Scheme
Topic: EEA national not allowed to fly to UK from Portugal
Replies: 32
Views: 2453

Re: EEA national not allowed to fly to UK from Portugal

Are you sure it was UK immigration officials? I don't think they would usually be in Portugal.
by sfljiaf
Mon Mar 18, 2019 8:01 pm
Forum: EU Settlement Scheme
Topic: EEA national not allowed to fly to UK from Portugal
Replies: 32
Views: 2453

Re: EEA national not allowed to fly to UK from Portugal

I don't think that place of issue of the passports would make any difference. But if the passports show you're Portuguese I don't understand why they wouldn't let you board. Did they tell you any reason at all? Who exactly was it that told you? Someone from the airline? Or immigration? Bear in mind ...
by sfljiaf
Mon Mar 18, 2019 4:42 pm
Forum: EU Settlement Scheme
Topic: EEA national not allowed to fly to UK from Portugal
Replies: 32
Views: 2453

Re: EEA national not allowed to fly to UK from Portugal

Just to check, did you show them your Portuguese passports, or your Brazilian ones?
by sfljiaf
Mon Mar 18, 2019 9:26 am
Forum: EU Settlement Scheme
Topic: Family permit checklist (household)
Replies: 3
Views: 540

Re: Family permit checklist (household)

Oh, I see. Supposedly you can ask them to return your passport when you apply for the RC, and should get it back in two weeks or so, but I am not sure if that always works reliably. If you do go abroad to apply for the FP, as I understand it you will still have to provide all the same evidence of yo...
by sfljiaf
Sun Mar 17, 2019 9:06 pm
Forum: EU Settlement Scheme
Topic: Family permit checklist (household)
Replies: 3
Views: 540

Re: Family permit checklist (household)

Why do you plan to get the family permit from outside the UK, as opposed to a residence card from within the UK? As I understand it, the family permit is only to allow you entry into the UK; once you are here you would in any case have to apply for a residence card. If you're already in the UK, usua...
by sfljiaf
Tue Mar 05, 2019 4:48 pm
Forum: British Citizenship
Topic: General Discussion During Naturalisation Application Process
Replies: 5610
Views: 700034

Re: General Discussion During Naturalisation Application Process

nika299 wrote:
Tue Mar 05, 2019 4:01 pm

2. At the end of my online application I could print out the biometric enrolment doc - is this the one I need to take to the post office or do I need to wait for one to arrive by post?
I believe that's the one you take to the post office.
by sfljiaf
Tue Mar 05, 2019 2:55 pm
Forum: EU Settlement Scheme
Topic: Un-married EEA (EFM) or Family Permit coming from a Tier 4
Replies: 8
Views: 1023

Re: Un-married EEA (EFM) or Family Permit coming from a Tier 4

Supposedly you can also include a prepaid return envelope with the application and a cover letter asking for your passport to be returned upon receipt, and that should get it back to you in two weeks or so. I am unsure though if they would return the BRP, so going abroad would still be tricky, unles...
by sfljiaf
Tue Mar 05, 2019 8:29 am
Forum: EU Settlement Scheme
Topic: Settlement Scheme or Residence Card?
Replies: 8
Views: 1022

Re: Settlement Scheme or Residence Card?

If the HO has already given the green light for the wedding to take place in April, you will be fine. When you get married you will be the direct family member of an EU citizen, an as such, as long as your husband continues to be a qualified person in the UK, you will have an automatic right to acc...
by sfljiaf
Mon Mar 04, 2019 2:03 pm
Forum: British Citizenship
Topic: One confusion cleared, another caused
Replies: 17
Views: 2063

Re: One confusion cleared, another caused

Just a thought, but you could also try a subject access request with UKVI / border force: https://www.gov.uk/government/publications/requests-for-personal-data-uk-visas-and-immigration Even if your passport isn't stampted, they might still have at least a partial record of your movements into and ou...
by sfljiaf
Mon Mar 04, 2019 12:37 pm
Forum: British Citizenship
Topic: British Citizenship Qualify period
Replies: 1
Views: 236

Re: British Citizenship Qualify period

In the guide and all other documents I have seen it says explicitly that presence in the UK 5 years before the application date is the one requirement for which there is no discretion whatsoever. So I imagine it would be rejected. Can she apply after the travel?
by sfljiaf
Sun Mar 03, 2019 6:34 pm
Forum: British Citizenship
Topic: British Citizenship - does studying abroad for one semester counts toward absence?
Replies: 8
Views: 3439

Re: British Citizenship - does studying abroad for one semester counts toward absence?

One last thing (sorry for two posts in the row, not sure how to edit my previous post), I have found the following EU rules, that (still?) are applicable to UK: ... http://www.eearegulations.co.uk/Regs2016/ByPage/regulation_03 same is stated here (scroll down to Permanent Residence section): https:...
by sfljiaf
Fri Mar 01, 2019 12:12 pm
Forum: British Citizenship
Topic: Documents required for limited company owners
Replies: 20
Views: 3857

Re: Documents required for limited company owners

The way I understand it is that you are only a director, NOT self-employd. Self-employed refers to sole traders, who are themselves the business as a legal entity. With a limited company, the company exists as a separate entity, and you are acting as its director. As for proof that you live here, th...
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