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by MelC
Thu Mar 22, 2012 10:35 pm
Forum: EU Settlement Scheme
Topic: EEA Marriage Visa
Replies: 18
Views: 2417

Thank you for your answers. I am sorry but I didn't make it clear that she will be living with me in the UK and looking for a job, that is why she will be needing a visa. Can you work with a EEA Family Visa? it has been stated that your wife is not a visa national, she can simply arrive in the UK a...
by MelC
Thu Mar 22, 2012 7:45 pm
Forum: Immigration for family members
Topic: Pakistan spouse visa rejcted advice needed
Replies: 59
Views: 10208

Re: Pakistan spouse visa rejcted advice needed

Hi Guys After reading my helpful topics i thought i would ask for some advice and share my experience I applied for my wifes spouse visa back in April 2011 they rejected in July 2011 I appealled in September and since then I have been waiting for a oral hearing which I have been told is still 2 mon...
by MelC
Sat Mar 17, 2012 4:56 pm
Forum: Immigration for family members
Topic: Regarding Article 16 of 2004/38/EC
Replies: 4
Views: 712

They said that the case law of court of justice proves thatthe r alot of loopholes which the legislator has left behind,, What r these loopholes? Do u guys have the answer who are "they"? ECJ case law evolves constantly, I am not so sure its "loopholes" more likely open to inter...
by MelC
Sat Mar 17, 2012 4:42 pm
Forum: EU Settlement Scheme
Topic: EEA family permit for UK from Germany
Replies: 58
Views: 10987

hello everybody, all your conversation is very helpful and i am coming to the point that i must need to put this case on the right track otherwise there will always be so many hidden difficulties all the times..... I think you are quite right, and I am sure you were hoping for a very simple answer,...
by MelC
Sat Mar 17, 2012 4:13 pm
Forum: EU Settlement Scheme
Topic: EEA family permit for UK from Germany
Replies: 58
Views: 10987

Ok I may be a bit simplistic here, but would it be possible to remarry in the Uk or Germany, so the marriage is valid. The past years would certainly qualify for a durable relationship simple is most often just the best? which was why i said for the OP to deal with the marriage issue ~ if the OP ma...
by MelC
Sat Mar 17, 2012 3:43 pm
Forum: Europe immigration forum
Topic: Entry into the UK with a family member residence card
Replies: 44
Views: 8656

...It’s all playing with words really... And playing with how serious you can take the European "Union". What sense does it make that some Schengen-embassies say that you may enter Schengen, while others say you may not. Example >>Lithuania vs. Poland<< If entry-requirements to Schengen a...
by MelC
Sat Mar 17, 2012 11:49 am
Forum: General UK Immigration forum
Topic: Family Visit Visa translation of documents
Replies: 9
Views: 1836

are you saying that the original documents that were submitted to the embassy where your niece applied in farsi with no English translations?

if so, it would be much quicker to apply again than appeal, and submit translations of documents in English this time
by MelC
Thu Mar 15, 2012 1:34 am
Forum: EU Settlement Scheme
Topic: British Citizen/Dual Nationality - EEA FP & RESIDENCY
Replies: 6
Views: 1407

Re: British Citizen/Dual Nationality - EEA FP & RESIDEN

Hiya all, Just a little question I would like an answer too :) I am a British Citizen (UK passport holder ONLY but have ID Card for another EU Country due to dual nationality). If I apply for EEA FP for my spouse as an EU National ,once I arrive in the UK do I need to apply for 5 year residency per...
by MelC
Thu Mar 15, 2012 1:25 am
Forum: EU Settlement Scheme
Topic: EEA family permit for UK from Germany
Replies: 58
Views: 10987

thanks to all of you for helping us out and giving such detailed replies,,,,,,, so do you feel that we should first face the german authorities again and ask them to reconsider our Residence card as we do not qualify on the basis of marriage but they should provide the card on the basis of a durabl...
by MelC
Thu Mar 15, 2012 1:21 am
Forum: EU Settlement Scheme
Topic: EEA family permit for UK from Germany
Replies: 58
Views: 10987

I very much welcome contrary views to mine. I accept this is not a simple issue with a simple answer, and might involve a bit of fighting. We have to take this matter step by step. 1. It is settled law that validity of marriage is determined by Lex Loci celebrationis as opposed to domiciled, theref...
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: 8656

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...
by MelC
Wed Mar 14, 2012 5:58 pm
Forum: EU Settlement Scheme
Topic: EEA family permit for UK from Germany
Replies: 58
Views: 10987

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: 712

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: 10987

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...
by MelC
Tue Mar 13, 2012 6:08 pm
Forum: EU Settlement Scheme
Topic: EEA family permit for UK from Germany
Replies: 58
Views: 10987

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: 8363

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: 8363

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 re...
by MelC
Fri Mar 09, 2012 1:27 am
Forum: Immigration for family members
Topic: Income requirement changing from April??
Replies: 35
Views: 4316

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: 4316

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: 775

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: 4316

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: 639

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: 4316

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: 1817

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...