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by MelC
Wed Mar 14, 2012 6:09 pm
Forum: Europe immigration forum
Topic: Entry into the UK with a family member residence card
Replies: 44
Views: 8628

have you had the Info yet? Yep - should have posted the "overwhelming" reply: ...I regret to have to inform you that the documents you require come under the system of exceptions provided for in the European legislation related to access to documents , and that we cannot therefore provide them to y...
by MelC
Wed Mar 14, 2012 5:58 pm
Forum: EU Settlement Scheme
Topic: EEA family permit for UK from Germany
Replies: 58
Views: 10940

I believe you should have challenged the ECO's refusal. A polygamous marriage is valid in Pakistan, therefore even without a decree absolute, it is a valid marriage, as it is considered as such in Pakistan. The marriage was not conducted in the UK, but rather in a country where it is valid. The UK ...
by MelC
Wed Mar 14, 2012 4:53 pm
Forum: Immigration for family members
Topic: Regarding Article 16 of 2004/38/EC
Replies: 4
Views: 705

Re: Regarding Article 16 of 2004/38/EC

Hi everyone,,, I wana know what are the loopholes in Art 16 Right of permanant residence Thank you CHAPTER IV Right of permanent residence Section I Eligibility Article 16 General rule for Union citizens and their family members 1. Union citizens who have resided legally for a continuous period of ...
by MelC
Tue Mar 13, 2012 10:33 pm
Forum: EU Settlement Scheme
Topic: EEA family permit for UK from Germany
Replies: 58
Views: 10940

Re: EEA family permit for UK from Germany

Thanks for your reply ,,,,my wife and son got "AUFENTHALTSKARTE", in english it mentioned 'Residence card of a family member of a union citizen'. yes, exactly after 24 days ,,,,,,we did submit the marriage certificate but the officer did not ask for the decree absolute, as a result we did not submi...
by MelC
Tue Mar 13, 2012 6:08 pm
Forum: EU Settlement Scheme
Topic: EEA family permit for UK from Germany
Replies: 58
Views: 10940

Re: EEA family permit for UK from Germany

Dear all, I need a legal advice to apply for my family (wife and son, 4 years old) the EEA family permit for UK from Germany. I am a British citizen, my wife is a Pakistani national , my family came to Germany on visit visa on 01st January 2012, after then my wife and son applied for the residency ...
by MelC
Fri Mar 09, 2012 3:22 am
Forum: EU Settlement Scheme
Topic: What is exactly a DURABLE relationship
Replies: 13
Views: 8342

I believe the 2 years rule was created by UKBA purely for internal consumption. They claim the 2 years rule is a benchmark, but in some refusals i have seen, it looks more like a law, or a Statutory requirement or treaty requirement. And this has to be wrong, without a doubt in my not so perfect mi...
by MelC
Fri Mar 09, 2012 1:52 am
Forum: Ireland
Topic: Eu spouse visa directive 2004/38ec marriage history
Replies: 6
Views: 1521

the nationalities are british female wife iranian non u husband countries they want to visit is ireland or any where in eu as bitish female lived 3 years in non eu country cant brring husband back to uk sponosorship problem they will be applying visit visa after once in eu or ireland residence perm...
by MelC
Fri Mar 09, 2012 1:38 am
Forum: EU Settlement Scheme
Topic: What is exactly a DURABLE relationship
Replies: 13
Views: 8342

Durable relationship is a "Community Law Term" which cannot be defined by national legislation. National law requiring a relationship to have subsisted for two years and cohabitation during this period, are taking a restrictive approach to this broad term. To determine whether or not a relationship...
by MelC
Fri Mar 09, 2012 1:27 am
Forum: Immigration for family members
Topic: Income requirement changing from April??
Replies: 35
Views: 4298

Re: Income requirement changing from April??

Hi Mel, we were refused on 2 grounds 1st my wife didnt have the required english mark (she did ielts and we thought she had enough marks) and 2nd not enough proof on contact. We did appeal but as expected they simply dismissed it because of the english :\ I have been searching and trying to find th...
by MelC
Fri Mar 09, 2012 1:18 am
Forum: Immigration for family members
Topic: Income requirement changing from April??
Replies: 35
Views: 4298

Re: Income requirement changing from April??

Hi guys, quick question I heard that from next month they will make it a requirement to have £21~£26k per year income, is this true???? if anyone knows where I can find this information I would be extremenly greatful as my first application for spouse visa was refused on other grounds and we are lo...
by MelC
Thu Mar 08, 2012 10:59 pm
Forum: Immigration for family members
Topic: Spouse Visa/Maintenance
Replies: 4
Views: 774

Thanks for the reply. I actually forgot to ask about that regulation change. Can somebody give me any concrete details. I read on here some proposal to raise the income to between £18-£24K a year. Is this going to be law in the next 3-4 months? I also realise that the Council Tax would be the full ...
by MelC
Thu Mar 08, 2012 10:54 pm
Forum: Immigration for family members
Topic: Income requirement changing from April??
Replies: 35
Views: 4298

Surely they have to give dates when these things are going to be changed? Or people like the original poster and I could be affected with applications that fall between these changes not knowing the dates they come into effect. Which would mean our applications being refused. For example if I decid...
by MelC
Thu Mar 08, 2012 10:40 pm
Forum: EU Settlement Scheme
Topic: who can apply for WORK PERMIT and how long is the visa(work)
Replies: 3
Views: 638

Re: who can apply for WORK PERMIT and how long is the visa(w

Hi all, Who can apply for work permit and how long is the visa for? does work permit means a family member under EU regulations(when u r living with EEA spouse but not married) and is it count for 5 yrs residency towards PR? spike, im getting a tad confused as to what your situation actually is fro...
by MelC
Thu Mar 08, 2012 10:33 pm
Forum: Immigration for family members
Topic: Income requirement changing from April??
Replies: 35
Views: 4298

Re: Income requirement changing from April??

Hi guys, quick question I heard that from next month they will make it a requirement to have £21~£26k per year income, is this true???? if anyone knows where I can find this information I would be extremenly greatful as my first application for spouse visa was refused on other grounds and we are lo...
by MelC
Thu Mar 08, 2012 10:30 pm
Forum: Indefinite Leave to Remain
Topic: can i apply 2 years before???
Replies: 13
Views: 1798

Re: can i apply 2 years before???

hiya, basically i was given a 5 years leave to remain last year, based on both; my asylum claim and my humanitarian case. before i sought asylum or i went through the whole immigration process i was married and i am still married, and my wife is a British, and i thought that I'd have to wait anothe...
by MelC
Thu Mar 08, 2012 10:19 pm
Forum: EU Settlement Scheme
Topic: What is exactly a DURABLE relationship
Replies: 13
Views: 8342

Thanks for reply, So documents can be bills and the paper with both names u have mentioned. So does these 2 years before marriage + 3 years marriage = PR ? 2 yrs living together and then get married and continues marriage for 3 yrs is 5 yrs for PR. I believe it is must so many different opinion on ...
by MelC
Thu Mar 08, 2012 10:16 pm
Forum: EU Settlement Scheme
Topic: What is exactly a DURABLE relationship
Replies: 13
Views: 8342

Thanks for reply, So documents can be bills and the paper with both names u have mentioned. So does these 2 years before marriage + 3 years marriage = PR ? 2 yrs living together and then get married and continues marriage for 3 yrs is 5 yrs for PR. I believe it is must so many different opinion on ...
by MelC
Thu Mar 08, 2012 7:46 pm
Forum: EU Settlement Scheme
Topic: Enquiry about my EC rights
Replies: 9
Views: 1251

EU citizens residing in the Member State of their nationality do not normally benefit from the rights granted by Community law on free movement of persons and their third country family members remain to be covered by national immigration rules. However, EU citizens who return to their home Member S...
by MelC
Thu Mar 08, 2012 7:24 pm
Forum: Immigration for family members
Topic: Spouse Visa/Maintenance
Replies: 4
Views: 774

I meant to add, before i leaned on send,

be aware of the very high possibility of changes in the regulations, and that your salary may not be sufficient under the changes, so if its possible to do things sooner rather than later, it would not be the worst thing you could do.
by MelC
Thu Mar 08, 2012 7:21 pm
Forum: Immigration for family members
Topic: Spouse Visa/Maintenance
Replies: 4
Views: 774

Re: Spouse Visa/Maintenance

Hi there My question or questions are as follows. I am a British National born here. I am thinking of marrying a woman from Morocco. She has a 4 year old daughter from a previous marriage. I would be applying for a Spouse Visa and child. I realise I have to be able to financially maintain both. Fro...
by MelC
Thu Mar 08, 2012 5:00 pm
Forum: EU Settlement Scheme
Topic: EEA FP refusal (again) Desperately need help
Replies: 72
Views: 9232

Thanks all of you for comments, Personally I think they are trained but try to make some barrier in free movement and delay the case. Need to remove this barrier though? Most probably through legal point of view resubmit, pointing out that the app conforms to the requirements/exhaustive list of doc...
by MelC
Thu Mar 08, 2012 4:51 pm
Forum: Immigration for family members
Topic: Family visitor
Replies: 1
Views: 332

Re: Family visitor

mrharry wrote:Hi all!
I am applying for Family visitor visa and i am in debt.
Can anybody help me with this question ,please?
Should i include phone records for last 6 months with other supporting documents?
Thank you very much.
what is the connection between the "debt" and the phone records?
by MelC
Thu Mar 08, 2012 4:42 pm
Forum: Immigration for family members
Topic: Please help me review my application
Replies: 12
Views: 1096

May want to show friends bank statements and if a mortgage that the payments uptodate . he doesn't need to submit the friend's bank statements - the friend is not offering financial support, just accomodation. the freind may not be providing financial support, but they are providing the accommoatio...
by MelC
Thu Mar 08, 2012 4:31 pm
Forum: EU Settlement Scheme
Topic: EEA FP refusal (again) Desperately need help
Replies: 72
Views: 9232

it is also reasonable for member stats to be satisfied that EU citizens have sufficient resources for themselves and their family memebrs not to be burdon on social assistance system of host memeber state, sufficient resources including comprehensive sickness insuranceits. the EU national source of...
by MelC
Thu Mar 08, 2012 11:48 am
Forum: EU Settlement Scheme
Topic: EEA FP refusal (again) Desperately need help
Replies: 72
Views: 9232

thanks for reply, i understand others but could you please explain "com 313, , the IDI and case law, in particular MRAX" Thanks Comm 313 is NOT legally binding, it is a communication that was sent to ALL member states as "guidance" on applying the directive, it gives "indicative criteria" and examp...
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