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by fysicus
Sat Jun 22, 2013 3:02 pm
Forum: EU Settlement Scheme
Topic: Documents needed for EEA Naturalization application?
Replies: 24
Views: 3363
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: 1369
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: 3866
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: 728
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: 711
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: 1787
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: 724
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: 63639
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: 63639
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: 831
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: 63639
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: 893
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: 4912
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: 5791
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: 5791
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...
by fysicus
Tue Jun 04, 2013 1:37 pm
Forum: EU Settlement Scheme
Topic: Dutch national in UK - How can I bring Mexican wife to UK?
Replies: 76
Views: 9727
Netherlands

Well, I would say that in any case where a copy of some document is required, the original of this document would certainly also be acceptable.

Of course, that may not always be practical and there is always the risk that it will not be returned.
by fysicus
Thu May 30, 2013 7:06 pm
Forum: EU Settlement Scheme
Topic: EEA Family Permit refused - because I work in Gibraltar?
Replies: 97
Views: 16006
Netherlands

There are plenty of examples of similar cases: Dutch people who temporarily live in Belgium or Germany, while keeping their job in Holland, and then after about six months or so return to Holland with their non-EEA spouse under Directive 2004/38. Not a problem at all! Living in Spain and working in ...
by fysicus
Thu May 30, 2013 6:51 am
Forum: EU Settlement Scheme
Topic: EU legal action against UK over benefits
Replies: 0
Views: 411
Netherlands

EU legal action against UK over benefits

This was in the news this morning UK faces European Court over immigrants' benefits The UK is to be taken to the European Court of Justice over its alleged failure to correctly assess whether immigrants are entitled to benefits. http://www.bbc.co.uk/news/uk-22712569 http://www.bbc.co.uk/news/uk-poli...
by fysicus
Tue May 28, 2013 1:01 pm
Forum: EU Settlement Scheme
Topic: Is work allowed in EU with a UK PR?
Replies: 4
Views: 691
Netherlands

anp: unfortunately for you, the UK (as well as Ireland and Denmark) has opted out of Directive 2003/109/EC Long Term Residents (see paragraph 25 of the preamble).
As a result time spent in the UK under the EEA regulations does not help non-EEA nationals anywhere else in the EU.
by fysicus
Thu May 16, 2013 6:56 am
Forum: EU Settlement Scheme
Topic: COA of EEA4
Replies: 10
Views: 1566
Netherlands

Well, it makes sense to have a CoA to confirm the ongoing right to work in case the RC expires while the EEA4 application is still not decided. Of course, in the case at hand (RC still valid for a considerable amount of time) it is unlikely that the CoA is actually needed, but when it is issued it h...
by fysicus
Tue May 14, 2013 11:28 am
Forum: EU Settlement Scheme
Topic: Can EEA Residence Permit be used as a form of identification
Replies: 1
Views: 481
Netherlands

I assume you are talking about a Residence Card that was issued as a result of a successful EEA2 application? Generally it is only valid in combination with a valid passport, although that does of course not rule out that you may sometimes be lucky and have it accepted on its own. But I would not co...
by fysicus
Mon May 13, 2013 10:01 am
Forum: EU Settlement Scheme
Topic: UKBA To Charge For EEA Applications
Replies: 151
Views: 63639
Netherlands

Some time ago already I have written to my MP about this, and he has forwarded it to the minister for immigration, Mark Harper MP. Sofar no response from mr Harper has been received. The question was simple: to clarify what the similar documents are, as referred to in article 25 of EU Directive 2004...
by fysicus
Fri May 10, 2013 5:58 pm
Forum: EU Settlement Scheme
Topic: EEA2 with EU National Director of LTD company
Replies: 52
Views: 4295
Netherlands

It's totally unclear to me what you are trying to say. It seems you disagree with me, but I don't see a conflict. Remuneration does not need to be instantaneous, nor does it need to be at regular intervals (e.g. monthly).
by fysicus
Fri May 10, 2013 4:08 pm
Forum: EU Settlement Scheme
Topic: EEA2 with EU National Director of LTD company
Replies: 52
Views: 4295
Netherlands

Not knowing the nature of the business I can only speculate, but I can easily imagine some credible cases. 1. if the investors (shareholders) have put a lot of money in the business or 2. if there are contracts with customers in place etc. It is not uncommon for a startup company that the cashflow s...
by fysicus
Fri May 10, 2013 2:58 pm
Forum: EU Settlement Scheme
Topic: EEA2 with EU National Director of LTD company
Replies: 52
Views: 4295
Netherlands

I would think so, but in my situation I could avoid it so I have no confirmation from experience. I suppose the most important thing is that UKBA needs to be convinced that the company is a genuine, viable and profitable business, which is of course easier the longer it is in existence. For a new co...
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