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by Rolfus
Sat Jul 20, 2013 1:34 pm
Forum: EU Settlement Scheme
Topic: Unmarried UK/Non-EU couple: EEA2 vs FLR(M) vs ?
Replies: 88
Views: 31204

So, I have paid £140 for the privilege of appealing. It appears that this is definitely a family visit visa. At least as this is now our fourth appeal (all others successful) I know the ropes and won't have to pay for legal representation. I have asked the Tribunal to make an appropriate Direction t...
by Rolfus
Wed Jul 03, 2013 10:08 pm
Forum: EU Settlement Scheme
Topic: Unmarried UK/Non-EU couple: EEA2 vs FLR(M) vs ?
Replies: 88
Views: 31204

Hello old friend! EEA FP number one is as my unmarried partner (Surinder Singh). It means we can travel together to the UK for visits, and move together to live & work there. EEA FP number two is as the mother of our son (Zambrano). It means that mother and son can visit the UK without father, and c...
by Rolfus
Wed Jul 03, 2013 9:06 pm
Forum: EU Settlement Scheme
Topic: Unmarried UK/Non-EU couple: EEA2 vs FLR(M) vs ?
Replies: 88
Views: 31204

Seven weeks ago my partner submitted three applications: renewal of EEA FP as partner; renewal of EEA FP as parent; one year visit visa. Today passport returned (two weeks of insistent requests to Worldbridge about the delay produced no information whatsoever). The two EEA FPs were renewed, which is...
by Rolfus
Sat Dec 01, 2012 2:47 pm
Forum: Europe immigration forum
Topic: Directive 2003/109/EC Long Term Residents
Replies: 29
Views: 15161

Two weeks ago they gave her an old-style booklet as her Permanent Residence of the Czech Republic, and told her to come back in two weeks for her Permanent Residence of the EEA card, which is like a credit card.
by Rolfus
Fri Nov 30, 2012 5:21 pm
Forum: Europe immigration forum
Topic: Directive 2003/109/EC Long Term Residents
Replies: 29
Views: 15161

:D Hurrah!
My partner finally got her long term residence of the EU. It was issued as a plastic card, two months after her book confirming permanent residence of the Czech Republic.

Total elapsed time since the application ten months.
by Rolfus
Sun Sep 16, 2012 1:57 pm
Forum: EU Settlement Scheme
Topic: Zambrano - UKBA announces its interpretation...
Replies: 78
Views: 56637

by Rolfus
Thu Aug 09, 2012 1:53 pm
Forum: Europe immigration forum
Topic: Directive 2003/109/EC Long Term Residents
Replies: 29
Views: 15161

They have now asked for my tax assessment notice for 2011. This is extraordinary: at the time the application was submitted I had not even submitted my tax return for 2011 – and I wasn't late!
by Rolfus
Mon Jul 30, 2012 8:34 pm
Forum: EU Settlement Scheme
Topic: Unmarried UK/Non-EU couple: EEA2 vs FLR(M) vs ?
Replies: 88
Views: 31204

My partner finally submitted her passport a little over 2 weeks ago. This was in response to the request for the passport to stamp the Zambrano EEA FP. She also submitted a new application for an EEA FP as my partner. Last week she got a call from Warsaw "Do you really want two EEA FPs?" Lo and beho...
by Rolfus
Thu Jun 28, 2012 10:40 am
Forum: Europe immigration forum
Topic: Directive 2003/109/EC Long Term Residents
Replies: 29
Views: 15161

Four months after submitting the application, my partner was called back to the foreign police to sign a new form. They also wanted excruciatingly exact details of my tax and social security situation in Czech Rep right up to May of this year, and to see her health insurance (again). Very odd, becau...
by Rolfus
Wed Jun 27, 2012 7:35 am
Forum: EU Settlement Scheme
Topic: Time to issue EEA FP after successful appeal?
Replies: 29
Views: 5047

EEA FP as Zambrano parent Feb 7 2012 Written determination from first tier Apr 12 2012 Request for passport We were going to submit the passport for the Zambrano FP to be added in the first week of July. This begs two questions: Is there any time limit within which the passport has to be submitted? ...
by Rolfus
Fri Apr 20, 2012 8:39 pm
Forum: EU Settlement Scheme
Topic: Time to issue EEA FP after successful appeal?
Replies: 29
Views: 5047

Directive, I should have confirmed that this only applies to EEA applications. It will no longer be possible to show that the EEA right exists if the HO wins their appeal. But if someone has entered the UK in the meantime they may have established other rights that make deporting them impractical or...
by Rolfus
Fri Apr 20, 2012 8:13 pm
Forum: EU Settlement Scheme
Topic: Time to issue EEA FP after successful appeal?
Replies: 29
Views: 5047

This is part of my appeal against refusal of the visit visa. The appeal was successful, but this was not necessarily the killer argument. 40 The ECO's whole line of argument is based on the premise that it would be a breach of immigration rules for the Appellant to undertake work experience. This fa...
by Rolfus
Fri Apr 20, 2012 9:48 am
Forum: EU Settlement Scheme
Topic: Time to issue EEA FP after successful appeal?
Replies: 29
Views: 5047

EEA FP as unmarried Partner Oct 23rd 2011 Written determination from UIT Nov 7th 2011 Request for passport Visit visa Sep 2011 UKBA requested passport at same time as saying ECM accepted appeal EEA FP as Zambrano parent Feb 7 2012 Written determination from first tier Apr 12 2012 Request for passpor...
by Rolfus
Fri Apr 13, 2012 9:48 am
Forum: EU Settlement Scheme
Topic: Unmarried UK/Non-EU couple: EEA2 vs FLR(M) vs ?
Replies: 88
Views: 31204

We got a call from the embassy asking for my partner's passport. That will be for them to stamp in the Zambrano EEA FP as the mother of a British child. It is truly amazing how long it takes to rectify a mistaken refusal to issue an EEA FP. As her current EEA FP as an unmarried partner expires in Ju...
by Rolfus
Sat Feb 18, 2012 8:57 pm
Forum: Europe immigration forum
Topic: Directive 2003/109/EC Long Term Residents
Replies: 29
Views: 15161

Dear Moroni, you raise a completely valid point. For others trying to follow this we are referring to this PDF: ec.europa.eu/ewsi/UDRW/images/items/docl_10608_265167021.pdf You are referring to the preamble to chapter 3, I think. I agree, and my agency insisted, that on the face of it this prohibits...
by Rolfus
Fri Feb 17, 2012 10:37 pm
Forum: Europe immigration forum
Topic: Directive 2003/109/EC Long Term Residents
Replies: 29
Views: 15161

My non-EEA partner became eligible for permanent residence in the Czech Republic so we wanted long-term EEA residence at the same time. Our normally very efficient agency who deal with residence issues was completely unaware of this option. It took about 5 e-mails explaining the law before they mana...
by Rolfus
Tue Feb 14, 2012 1:51 pm
Forum: EU Settlement Scheme
Topic: 2004/38/EC Rights of Family Members
Replies: 6
Views: 1258

An interesting point, but I think that recital 6 only applies to entry and residence, do you think it can be construed as applying to other rights as well? 6.In order to maintain the unity of the family in a broader sense and without prejudice to the prohibition of discri- mination on grounds of nat...
by Rolfus
Mon Feb 13, 2012 6:33 pm
Forum: EU Settlement Scheme
Topic: 2004/38/EC Rights of Family Members
Replies: 6
Views: 1258

2004/38/EC Rights of Family Members

When we discuss 2004/38/EC on this forum we are usually only interested in its immigration aspects. But the Directive also bestows many other rights on Family Members, eg Article 24 Equal treatment 1. Subject to such specific provisions as are expressly provided for in the Treaty and secondary law, ...
by Rolfus
Mon Feb 13, 2012 9:26 am
Forum: EU Settlement Scheme
Topic: Unmarried UK/Non-EU couple: EEA2 vs FLR(M) vs ?
Replies: 88
Views: 31204

I checked with the tribunals service today, and no appeal has been lodged by the Home Office. I think they are therefore out of time. I wonder how long it will now take to hear from the Embassy that they are ready to stamp in the EEA FP. I also wonder how they are going to do it. Two stickers, one g...
by Rolfus
Wed Feb 08, 2012 8:39 pm
Forum: EU Settlement Scheme
Topic: Zambrano - UKBA announces its interpretation...
Replies: 78
Views: 56637

With respect to my post of Dec 6th, the judge rejected my argument, insisting on the Head of Household argument. "the household of which the applicant is a member is the household of which the EEA national with the primary right of residence is the head, rather than just another member". He quotes R...
by Rolfus
Wed Feb 08, 2012 6:18 pm
Forum: EU Settlement Scheme
Topic: Unmarried UK/Non-EU couple: EEA2 vs FLR(M) vs ?
Replies: 88
Views: 31204

The scorecard so far is Appelant 3: Home office nil. Application for EEA FP as unmarried partner of a British Citizen with Surinder Singh rights: Appeal allowed, upheld at Upper Tribunal. Application for two year visit visa: refused by ECO on grounds that applicant might work. Appealed and ECM grant...
by Rolfus
Wed Feb 08, 2012 5:10 pm
Forum: EU Settlement Scheme
Topic: Updates on Zambrano applications
Replies: 1363
Views: 179417

Appeal against refusal of EEA FP for the mother of a British child allowed by first tier tribunal on basis of direct effect illuminated by Zambrano. Regret I cannot give more details.
by Rolfus
Wed Feb 08, 2012 5:02 pm
Forum: EU Settlement Scheme
Topic: Unmarried UK/Non-EU couple: EEA2 vs FLR(M) vs ?
Replies: 88
Views: 31204

Appeal allowed by direct application of treaty rights as per Zambrano. (Mother as extended family member not accepted.) Regret that for legal reasons I cannot give more details.
by Rolfus
Sun Feb 05, 2012 6:32 pm
Forum: EU Settlement Scheme
Topic: timing surinder singh
Replies: 9
Views: 1564

Look at this page http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/applying/ Basically it is your family members who must apply for an EEA FP for themselves in the country where they reside. The application is based on your status, but it is they who apply. There is quite a strong argu...
by Rolfus
Sun Feb 05, 2012 5:48 pm
Forum: EU Settlement Scheme
Topic: timing surinder singh
Replies: 9
Views: 1564

If you want your family to move in June/July, you could apply for EEA Family Permits for them now. That will take perhaps a month, and the permits are valid for six months so you will be comfortably covered.And it would leave some margin if there is any problem with the permits.
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