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by fysicus
Mon Mar 11, 2013 4:50 pm
Forum: EU Settlement Scheme
Topic: UKBA To Charge For EEA Applications
Replies: 151
Views: 63668
Netherlands

... how come so many "overstayers" who have an ~"automatic Derivative residence" and therefore the right to reside / work etc get hunted down by UKBA? their own documents state registration is not mandatory. A common scenario is someone who enters UK legally on some type of visa (not under EEA regu...
by fysicus
Thu Mar 07, 2013 5:22 pm
Forum: EU Settlement Scheme
Topic: EEA residance card expired and employer want to suspend me
Replies: 12
Views: 1363
Netherlands

It's a tricky situation: if your employer does indeed suspend you, the only way to fight it might be in court and the outcome will then be uncertain. For example, it could be argued that you could have prevented this situation by applying for a new Residence Card (or a Permanent Residence Card; EEA4...
by fysicus
Tue Feb 26, 2013 9:33 am
Forum: EU Settlement Scheme
Topic: RC fee £ 55
Replies: 33
Views: 5343
Netherlands

Optional or not is not relevant.
Article 25.2 of Directive 2004/38 simply says free of charge or at most the fee for similar documents for British citizens.
by fysicus
Tue Feb 26, 2013 8:56 am
Forum: EU Settlement Scheme
Topic: RC fee £ 55
Replies: 33
Views: 5343
Netherlands

So would I and therefore I wrote to my MP about this, suggesting to ask the minister for a clarification. I really can't see a passport qualify as a "similar document", residence certificates/cards are in addition to a passport (or ID-card) but do not replace it. And a Brit is not required to have a...
by fysicus
Tue Feb 26, 2013 8:44 am
Forum: EU Settlement Scheme
Topic: RC fee £ 55
Replies: 33
Views: 5343
Netherlands

I understand that the UK could make residence certificates and cards mandatory right now if it wished (post 3 months' residence). The directive allows this. What they can't do is insist that the card are carried around as there is no equivalent provision for UK nationals. Yes, but because of the la...
by fysicus
Tue Feb 26, 2013 8:26 am
Forum: EU Settlement Scheme
Topic: RC fee £ 55
Replies: 33
Views: 5343
Netherlands

Yes here is the link http://www.guardian.co.uk/politics/2013/feb/25/eu-citizens-britain-id-cards Politicians are rarely appointed on the basis of skills and expertise, and mr Harper goes to great lengths to prove he is no exception to the rule. All measures he wants to impose on EU nationals are il...
by fysicus
Mon Feb 25, 2013 3:59 pm
Forum: EU Settlement Scheme
Topic: RC fee £ 55
Replies: 33
Views: 5343
Netherlands

Can you not read?? I see this sentence very clearly in what you posted: The issuance of residence permits to non-EEA family members of EEA nationals is free of charge. However, there seems to be a charge of 340 euros for illegal immigrants who subsequently claim EU rights. That's a very different is...
by fysicus
Mon Feb 25, 2013 2:53 pm
Forum: EU Settlement Scheme
Topic: RC fee £ 55
Replies: 33
Views: 5343
Netherlands

If you go back to the beginning of this thread and read my post there, you will see that it depends on the charge for similar documents for nationals of the member state. It is a bit vague, but in France and Germany there are apparently such documents, in the UK I am not aware of any, and that would...
by fysicus
Mon Feb 25, 2013 1:32 pm
Forum: EU Settlement Scheme
Topic: RC fee £ 55
Replies: 33
Views: 5343
Netherlands

Very remarkable. In article 25 (paragraph 2) of Directive 2004/38 it is stated explicitly: All documents mentioned in paragraph 1 shall be issued free of charge or for a charge not exceeding that imposed on nationals for the issuing of similar documents. I wonder what these similar documents for Bri...
by fysicus
Mon Feb 25, 2013 1:18 pm
Forum: EU Settlement Scheme
Topic: Joined application for EU couple
Replies: 1
Views: 464
Netherlands

Of course it's up to you to decide what you want, but I am an EU citizen living in UK almost 15 years now, and I have never felt even the slightest need to apply for British Citizenship (by naturalisation). It is an expensive procedure, and I don't see any benefits for myself coming out of it. Anywa...
by fysicus
Mon Feb 18, 2013 9:18 am
Forum: EU Settlement Scheme
Topic: WOMAN RIGHTS - BRITISH SPOUSE VS EEA SPOUSE
Replies: 10
Views: 932
Netherlands

For marriages with an international character it is not always obvious which law of which state is applicable. To bring some order in the chaos, there exist the Hague Conference on Private International Law , which among others has agreed a Convention of 14 March 1978 on the Law Applicable to Matrim...
by fysicus
Wed Feb 06, 2013 7:30 am
Forum: EU Settlement Scheme
Topic: Employer Check procedure for Residency Card Holder
Replies: 2
Views: 792
Netherlands

If you actually read the documentation for employers, following the link you provided, you will find on List A (Documents which show an ongoing right to work): 4. A permanent residence card issued by the Home Office, the Border and Immigration Agency or the UK Border Agency to the family member of a...
by fysicus
Tue Feb 05, 2013 3:42 pm
Forum: EU Settlement Scheme
Topic: EEA 1 and job refuse
Replies: 11
Views: 1230
Netherlands

@riad2525, I don't know what is now the best course of action, but you should have applied for a Residence Card as soon as possible after entering the UK. It is not required by law to have a Residence Card, but life can be very cumbersome without it, as you are now finding out the hard way. Although...
by fysicus
Tue Feb 05, 2013 8:23 am
Forum: EU Settlement Scheme
Topic: EEA 1 and job refuse
Replies: 11
Views: 1230
Netherlands

Apparently you haven't received a CoA yet. That usually confirms your right of work for the period that your application (for a Residence Card) is still undecided and also has a section for employers to explain your status and refers them to the Employer helpline of UKBA. Unfortunately, many employe...
by fysicus
Sun Jan 27, 2013 5:26 pm
Forum: EU Settlement Scheme
Topic: New EEA2 application 6 month question
Replies: 4
Views: 1798
Netherlands

There is already a thread mentioning this: http://www.immigrationboards.com/viewtopic.php?t=122720
You can ignore questions which are so obvious irrelevant.

The issue about being absent for more than six months during a year is only relevant for PR applications (EEA3 and EEA4)
by fysicus
Sun Jan 27, 2013 8:06 am
Forum: EU Settlement Scheme
Topic: RC through EEA2 application after marrying abroad
Replies: 15
Views: 2056
Netherlands

It does sound like a reasonable case, save for the fact that they only recently got married and the person is now applying for Residence Card. Applying shortly after marriage cannot be a reason to be treated with suspicion! For many people (including OP) the date of marriage is when they acquire th...
by fysicus
Sun Jan 27, 2013 7:47 am
Forum: EU Settlement Scheme
Topic: Danger - Red address sticker from UKBA
Replies: 31
Views: 4299
Netherlands

Well, apparently UKBA have some doubts whether your marriage is genuine, and so they started an enquiry which includes home visits. The positive thing, of course, is that you and your wife were at the same address, but all the other points you mentioned are unlikely to make their doubts less. I thin...
by fysicus
Sat Jan 26, 2013 3:14 pm
Forum: Europe immigration forum
Topic: Schengen visa for a non-EU married to an EU - where to apply
Replies: 7
Views: 1805
Netherlands

I've read this yes, but in practice the Schengen visas issued are the same as all other Schengen visas. I have seen one issued by Germany for spouse of EEA national. There are no remarks on it. I will see one that France issues and post back here if it is any different from other visas that my wife...
by fysicus
Fri Jan 25, 2013 9:03 am
Forum: EU Settlement Scheme
Topic: Marrying a Polish woman after 7yrs in UK
Replies: 3
Views: 626
Netherlands

eluranium wrote:What does excersize treaty rights mean?
It can mean various things, but the easiest one is "working".
by fysicus
Fri Jan 25, 2013 8:59 am
Forum: EU Settlement Scheme
Topic: Interview and home visit for EEA family permit
Replies: 21
Views: 5558
Netherlands

Wasn't it in the news yesterday, that a few more batches of backlogs (including applications for spouse visas of about ten years ago) were discovered? On topic: EEA Family Permits are subject to the following (article 5.2 of Directive 2004/38): Member States shall grant such persons every facility t...
by fysicus
Thu Jan 24, 2013 11:55 am
Forum: EU Settlement Scheme
Topic: What to do after an EEA FP is granted?
Replies: 5
Views: 825
Netherlands

Although applying for a Residence Card is optional, life without it can be very cumbersome.
So it is highly recommended to apply as soon as possible (using form EEA2) and don't wait until you are near or past the expiry date of the EEA FP.
by fysicus
Thu Jan 24, 2013 10:57 am
Forum: EU Settlement Scheme
Topic: Advice needed on EEA3
Replies: 2
Views: 587
Netherlands

As long as you have been able to sustain yourself (financially) without help from the government (public funds), low income is not a problem at all. If you can show continuous employment for five years (and six P60's will do, no need to send payslips, bank statements, etc. as well), don't confuse yo...
by fysicus
Wed Jan 23, 2013 12:30 pm
Forum: EU Settlement Scheme
Topic: Royal mail Tracking status!!!
Replies: 12
Views: 2172
Netherlands

I'm sorry but the link you provided does not allow me to check anything at all, let alone some facts. The EU directives you mention seem, however, very much inspired by the extreme free-market approach of mrs Thatcher and her associates, and the privatisation of the railways is another example. So w...
by fysicus
Fri Jan 18, 2013 4:15 pm
Forum: EU Settlement Scheme
Topic: Entry stamp
Replies: 7
Views: 1007
Netherlands

It is just another example of a totally irrelevant question on UKBA application forms. Only later, when you will apply for PR (after five years) it makes sense to have the entry stamp on the EEA Family Permit, as it marks the start of this five-year period. Any short trips abroad during these five y...
by fysicus
Thu Jan 17, 2013 2:53 pm
Forum: EU Settlement Scheme
Topic: Applied for an EEA-FP on the 17th of August, no answer yet!
Replies: 10
Views: 1265
Netherlands

An EEA FP application has to be processed via an "accelerated procedure" as it is stated in Directive 2004/38. What that exactly means in practice is unclear, but I would assume that it should at least be faster than a normal visitor visa. Two weeks I would already consider too long, let alone five ...
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