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by MelC
Sat Mar 24, 2012 1:22 pm
Forum: Indefinite Leave to Remain
Topic: please help
Replies: 15
Views: 2668

Thanks for your help. So what visa will he need to apply for to stay in the country for 2 more years? he has agreed to not go for indefinite leave to remain as I have told him I do not trust him. Comments much appreciated :) He could apply for DLR, discretionary leave to Remain, I have no idea what...
by MelC
Sat Mar 24, 2012 3:08 am
Forum: Europe immigration forum
Topic: Help! EU - Ukraine assistance
Replies: 8
Views: 1952

Just a thought, and an option, why not marry in the UKRAINE, which would avoid the costs of the fiance visa and its regulations, and YOU relocate to Germany and your husband has the right to accompany you. there may be many reasons why you don't want to do this, or you may not have considered it as...
by MelC
Fri Mar 23, 2012 11:49 pm
Forum: EU Settlement Scheme
Topic: advice needed for 2nd EEA FP Application
Replies: 50
Views: 6868

As your husband is exercising his treaty right in the UK, you have a right as his spouse to join him. the point is that YOU ARE MARRIED, and it is NOT up to the ECO to determine how a couple conduct their marriage, or are able to due to financial or other constraints. for your application for EEA/fp...
by MelC
Fri Mar 23, 2012 9:07 pm
Forum: EU Settlement Scheme
Topic: EEA Resident Card
Replies: 12
Views: 2453

I think the most sensible and practical thing to do is to apply for a permit under the French national rules. but the OP is ALREADY under EEA regs. my point about the prefectures is that each one operates a different system, it would probably be wise for the OP to contact the prefecture of the area...
by MelC
Fri Mar 23, 2012 9:01 pm
Forum: Indefinite Leave to Remain
Topic: please help
Replies: 15
Views: 2668

Re: please help

Hi I do not want my husband to get his indefinite leave to remain as I am worried that he will change, is there a way that he can renew his visa without applying for settlement? Kind regards katy I am going to assume that you have good reason to suspect that he "is going to change" and this is more...
by MelC
Fri Mar 23, 2012 8:52 pm
Forum: General UK Immigration forum
Topic: (help) in relation to family visit visa that went to tribuna
Replies: 9
Views: 913

The least you should do is wait 10 days for the decision. Given the original application was totally lacking in the required evidence, I wonder why you have put yourself through six months of pain when, at 76 pounds, a new application with everything attached would have made much more sense. I am t...
by MelC
Fri Mar 23, 2012 8:51 pm
Forum: General UK Immigration forum
Topic: (help) in relation to family visit visa that went to tribuna
Replies: 9
Views: 913

Thanks man me to. I was wondering does it cost to take it to the upper tribunal? Also could I ask for the notes/indiviual who was the 1st uk boarder agency guy to be checked against the judges? I think you should look at the original response. the facts are that the applicant, as it is THEIR applic...
by MelC
Fri Mar 23, 2012 3:22 pm
Forum: Europe immigration forum
Topic: Help! EU - Ukraine assistance
Replies: 8
Views: 1952

Just a thought, and an option, why not marry in the UKRAINE, which would avoid the costs of the fiance visa and its regulations, and YOU relocate to Germany and your husband has the right to accompany you. there may be many reasons why you don't want to do this, or you may not have considered it as ...
by MelC
Thu Mar 22, 2012 10:41 pm
Forum: EU Settlement Scheme
Topic: EEA Resident Card
Replies: 12
Views: 2453

You can use your UK residence card to visit other states. If you plan to reside for more than three months, you need to apply for their residence card. which will be something of a nightmare probably! the surinder singh principle applies as your husband is French and he is returning to his country ...
by MelC
Thu Mar 22, 2012 10:37 pm
Forum: EU Settlement Scheme
Topic: EEA Marriage Visa
Replies: 18
Views: 2415

Hi Mbrou, she will need an EEA-Family-Residence-Permit. This can be applied for once she is in the UK. There is no need for her to go to the British Embassy in Japan and/or to apply for anything before coming to the UK. She can just enter as a "tourist", and then regularise her permanent status onc...
by MelC
Thu Mar 22, 2012 10:35 pm
Forum: EU Settlement Scheme
Topic: EEA Marriage Visa
Replies: 18
Views: 2415

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: 10107

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: 706

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 interpretation that may a...
by MelC
Sat Mar 17, 2012 4:42 pm
Forum: EU Settlement Scheme
Topic: EEA family permit for UK from Germany
Replies: 58
Views: 10942

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: 10942

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: 8633

...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 are not uni...
by MelC
Sat Mar 17, 2012 11:49 am
Forum: General UK Immigration forum
Topic: Family Visit Visa translation of documents
Replies: 9
Views: 1827

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: 10942

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: 10942

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: 8633

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: 10942

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: 706

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: 10942

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: 10942

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 ...
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