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by fysicus
Sun Aug 04, 2013 9:21 pm
Forum: Europe immigration forum
Topic: Traveling by train from madrid to portugal
Replies: 7
Views: 2077
Netherlands

2. Lisbon – Santa Apolonia Rail Station (from Chamartin Rail Station in Madrid): There isn't immigration control in any of the rail stations. We didn't show our passports in any of the rail stations. 3. Lisbon Airport (to Barajas Madrid): We didn’t show our passports, it was a security control only...
by fysicus
Thu Aug 01, 2013 7:42 am
Forum: EU Settlement Scheme
Topic: Divorce from a EU spouse after receiving permanent residence
Replies: 12
Views: 10358
Netherlands

That's the thing: some sources claim that since the PR was granted on the marriage to a EU basis, the HO have rights not to extend it (if in 10 yrs I renew the stamp as it's written on it) or refuse citizenship if this marriage is no longer valid. They also claim it is the ROR i have to apply for. ...
by fysicus
Wed Jul 31, 2013 9:11 am
Forum: EU Settlement Scheme
Topic: Bad experience at Heathrow
Replies: 89
Views: 17152
Netherlands

Please note, we can only accept complaints in English and Welsh not very compliant with EU law is it? I thought they had to accept communication in any state's language, and infact reply in the same language... I don't think EU law is as strict on this point as you think. The European Commission an...
by fysicus
Mon Jul 29, 2013 7:09 am
Forum: EU Settlement Scheme
Topic: Bad experience at Heathrow
Replies: 89
Views: 17152
Netherlands

It's seems that there are plenty of IOs on top of the regs, which is good. I still can't get over it - presenter, what ever next? Unfortunately not yet all IO's are on top of the EEA Regulations, as we found out a few days ago. First he made a problem of the fact that my wife's PRC was a standalone...
by fysicus
Fri Jul 26, 2013 1:51 pm
Forum: EU Settlement Scheme
Topic: How long can i stay outside UK?
Replies: 8
Views: 13961
Netherlands

A non-EEA national with a Residence Card (EEA2) can be outside the UK as long as they please. It will not affect their right of residence or the validity of the RC, as long as their EEA family member continues to exercise treaty rights in the UK. The only drawback is that long absences (more than si...
by fysicus
Tue Jul 02, 2013 6:36 am
Forum: EU Settlement Scheme
Topic: PhD funding for EEA2
Replies: 9
Views: 1099
Netherlands

I have no experience for this specific example, but more general as a family member of an EEA national (especially if it is formally confirmed by a Residence Card) you should be treated as an EEA national yourself as well. That includes the right to work, to NHS care, to social benefits, etc. and el...
by fysicus
Mon Jul 01, 2013 7:44 pm
Forum: EU Settlement Scheme
Topic: PROCESS OF APPLYING FOR AN EEA FP FROM NETHERLANDS
Replies: 15
Views: 2210
Netherlands

By coincidence I sent a complaint to SG-PLAINTES@ec.europa.eu a few weeks ago, as the sort of hurdles described by OP constitute in many cases a very big hidden cost for the applicant (although technically the visa itself is issued free of charge, as Directive 2004/38 prescribes), and in some cases ...
by fysicus
Mon Jun 24, 2013 12:03 pm
Forum: EU Settlement Scheme
Topic: EEA4-PR valid only for 10 years and will need to be renewed?
Replies: 13
Views: 10205
Netherlands

PR under the EEA rules only exists since 2006, so there is for now no clear process in place for the renewal after 10 years. Actually PR under the EEA rules does not need renewal, only the PRC which confirms it needs to be renewed. However, as you can only lose it by being physically away from the U...
by fysicus
Sun Jun 23, 2013 5:21 pm
Forum: EU Settlement Scheme
Topic: Biometrics appointment wait time in Lisbon
Replies: 33
Views: 2776
Netherlands

With a Canadian and/or American passport you already have no travel restrictions within Europe. An EEA FP or a Residence Card will only confirm your right to live and work in UK as long as your husband is exercising treaty rights in the UK. As you are apparently in the UK already, skip the EEA FP an...
by fysicus
Sat Jun 22, 2013 3:27 pm
Forum: EU Settlement Scheme
Topic: Documents needed for EEA Naturalization application?
Replies: 24
Views: 3373
Netherlands

With this description of your situation, I would submit the EEA4 immediately (to avoid the £55 fee after 1 July), and requests passports back as soon as you get the CoA. If your Residence Card is still valid till April next year, it is totally irrelevant what the CoA says. The Permanent Residence Ca...
by fysicus
Sat Jun 22, 2013 3:02 pm
Forum: EU Settlement Scheme
Topic: Documents needed for EEA Naturalization application?
Replies: 24
Views: 3373
Netherlands

There is no benefit in skipping the EEA4 application. You will still need to provide the same evidence, including the proof that you have in fact acquired PR. There is always the possibility that an application is rejected, in which case the application fee will not be refunded. For an naturalisatio...
by fysicus
Sat Jun 22, 2013 11:34 am
Forum: EU Settlement Scheme
Topic: I m EEA2 what my kids national passport will be?
Replies: 8
Views: 1380
Netherlands

I would suggest your wife sends in an EEA3 form to get her PR confirmed (she has probably acquired it already automatically). If she does that before 1 July it is still free of charge (from 1 July a £55 fee will be charged). The accompanying letter will then also tell you that your kids can be regis...
by fysicus
Sat Jun 22, 2013 9:05 am
Forum: EU Settlement Scheme
Topic: EEA4-No EEA citizens passport/ID, EEA PR Card accepted?!
Replies: 38
Views: 3871
Netherlands

@vinny: even submitting a valid passport does not prove that the holder is still in the UK (or even alive). And the same can be said about any other type of document.
This is a fundamental weakness of the postal procedure that the UK has chosen for EEA applications.
by fysicus
Sat Jun 22, 2013 8:43 am
Forum: EU Settlement Scheme
Topic: EMAIL ADDRESS FOR WITHRAW EEA2 APPLICATION
Replies: 6
Views: 733
Netherlands

I find this a very odd story. The cost of living is in the UK much higher than the EU average for many years already, nothing new here. When people apply for a Residence Card, normally their intention is to stay in the UK for at least a few years, if not forever. If six months is too much for you, I...
by fysicus
Fri Jun 21, 2013 7:31 am
Forum: EU Settlement Scheme
Topic: EEA3 sent but worried
Replies: 5
Views: 716
Netherlands

I think the employer letter is fine, at least for the purpose of proving that OP was exercising treaty rights for the period stated in the letter. Normally that is all UKBA is (or should be) interested in. They may, of course, pass on information to HMRC who then may do their own investigation to se...
by fysicus
Wed Jun 19, 2013 12:33 pm
Forum: British Citizenship
Topic: Dutch to British?
Replies: 25
Views: 1801
Netherlands

@A.Jama: just out of curiosity - why are you so desperate to become British? Is there any particular benefit which justifies the hassle (and the cost)?
by fysicus
Wed Jun 19, 2013 12:20 pm
Forum: EU Settlement Scheme
Topic: Arriving in France
Replies: 3
Views: 725
Netherlands

Directive/2004/38/EC wrote:Remember that the work in France has to be real and effective.
Note that OP is planning to exercise treaty rights in Germany, not in France. This does not really affect any of your recommendations, of course, and I fully agree with them.
by fysicus
Tue Jun 18, 2013 12:57 pm
Forum: EU Settlement Scheme
Topic: UKBA To Charge For EEA Applications
Replies: 151
Views: 63766
Netherlands

... They pretty much told the UK that they should not charge more than a comparable domestic document. The minister does not dispute this, but the fundamental question is what qualifies as a comparable domestic document (or similar document , the wording used in the directive). The wording in the d...
by fysicus
Tue Jun 18, 2013 11:59 am
Forum: EU Settlement Scheme
Topic: UKBA To Charge For EEA Applications
Replies: 151
Views: 63766
Netherlands

I have now (via my own MP) received a reply from Mark Harper MP, the minister for immigration, who writes that advice from the European Commission had been obtained before proposing the £55 fee. It was already sent before my previous post but took a while to reach me. As similar documents he mention...
by fysicus
Mon Jun 17, 2013 10:43 am
Forum: EU Settlement Scheme
Topic: EEA3 or EEA4 .. change of nationality?
Replies: 4
Views: 832
Netherlands

I would use the EEA3 form in your case, and do not mention anything about your past as a non-EEA citizen (the form does not have any provisions for that anyway). There is of course a slight possibility that UKBA does proper checks and finds out that you need CSI for part of the five years. I have sa...
by fysicus
Thu Jun 13, 2013 9:40 am
Forum: EU Settlement Scheme
Topic: UKBA To Charge For EEA Applications
Replies: 151
Views: 63766
Netherlands

the reply from the Minister will be interesting. By now I consider the absence of an answer (despite a reminder I sent about two months after first asking the question) almost just as interesting. It strengthens my belief that in the UK there are no similar documents , as referred to in article 25 ...
by fysicus
Wed Jun 12, 2013 11:11 am
Forum: Europe immigration forum
Topic: Dutch Nationality
Replies: 2
Views: 894
Netherlands

It does also depends on when your grandmother married. A Dutch woman who married a foreigner before 1 March 1964 lost her Dutch nationality automatically.
You can have a look at http://www.everaert.nl/en/desks/nationality-desk and email your question to info@dutchcitizenship.nl
by fysicus
Wed Jun 05, 2013 8:31 pm
Forum: EU Settlement Scheme
Topic: which form to fill for renewal of permanent residence card
Replies: 9
Views: 4913
Netherlands

It would help if mobismome can indicate a bit more details about the document of his friend that is due for renewal after 10 years. On the basis of what regulations was it issued 10 years ago? The concept of Permanent Residence was only introduced in EU legislation in Directive 2004/38, which came i...
by fysicus
Tue Jun 04, 2013 6:19 pm
Forum: EU Settlement Scheme
Topic: Has EEA FP changed???
Replies: 83
Views: 5797
Netherlands

Sorry, you are right indeed.

I used the "Do you need a visa" page, and there I got as answer that Venezuelans are visa nationals, with no mention about the exemption for biometric passports.
by fysicus
Tue Jun 04, 2013 5:22 pm
Forum: EU Settlement Scheme
Topic: Has EEA FP changed???
Replies: 83
Views: 5797
Netherlands

The important thing is first of all: are you currently working in Spain? If not then you cannot use the EEA route If yes, then you can come back to UK with your husband under the EEA Regulations. As a Venezolan national your husband needs a visa to enter UK. Whether it will be an EEA FP or another t...
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