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by Richard W
Fri Feb 28, 2020 12:55 am
Forum: EU Settlement Scheme
Topic: Settled Status for NON-EEA FAMILY MEMBER WITH DUAL NATIONAL SPONSOR (2012-TRANSITIONAL ARRANGEMENT)
Replies: 8
Views: 902

Re: Settled Status for NON-EEA FAMILY MEMBER WITH DUAL NATIONAL SPONSOR (2012-TRANSITIONAL ARRANGEMENT)

I have been assuming the children were born outside the UK. If they are the OP's and were born in the UK in or after 2011, and the OP has retained PR from 2008, then of course they are already British.
by Richard W
Thu Feb 27, 2020 7:35 pm
Forum: EU Settlement Scheme
Topic: Unlawful detention claim
Replies: 13
Views: 995

Re: Unlawful detention claim

and then got refusal letter on 24/04/2018 If you applied for an EEA RC as an Unmarried Partner (which appears to be the case), then you had no legal status from the date your tier 1 was refused until the date the RC was granted. Section 3C protection under the UK Immigration Rules does not apply to...
by Richard W
Thu Feb 27, 2020 7:21 pm
Forum: EU Settlement Scheme
Topic: A visitor cannot travel, cannot work and cannot get married
Replies: 23
Views: 2194

Re: Non-EU spouse with a 2 years visitor visa, what is the easiest way to stay with my wife?

In theory, yes. In practice I don’t understand the very idea: there’s a very straightforward route from home country and there’s a potentially stressful and halfway good route in the UK. So why putting himself into this? Why not making things just normal? I've just discovered to my surprise that th...
by Richard W
Thu Feb 27, 2020 7:00 pm
Forum: EU Settlement Scheme
Topic: Settled Status for NON-EEA FAMILY MEMBER WITH DUAL NATIONAL SPONSOR (2012-TRANSITIONAL ARRANGEMENT)
Replies: 8
Views: 902

Re: Settled Status for NON-EEA FAMILY MEMBER WITH DUAL NATIONAL SPONSOR (2012-TRANSITIONAL ARRANGEMENT)

Unfortunately, your husband and children are not covered by the EU Settlement Scheme or the Withdrawal Agreement. The problem is that your stepfather is not and never has been an 'EEA citizen' as defined by Appendix EU of the Immigration Rules. There is a way forward, at least if your children are n...
by Richard W
Thu Feb 27, 2020 8:31 am
Forum: British Citizenship
Topic: Naturalisation: PR (Permanent residence card or document) vs ILR (Indefinite leave to remain)
Replies: 2
Views: 338

Re: Naturalisation: PR (Permanent residence card or document) vs ILR (Indefinite leave to remain)

Yes. The advantage of using PR is that it shows that you have not been in breach of the immigration laws in the past five years. Whether this is actually an advantage remains to be seen, and may not be known for many years to come. In general, one would have to show that an older acquisition of PR h...
by Richard W
Wed Feb 26, 2020 9:12 pm
Forum: British Citizenship
Topic: Can I apply for Citizenship if BRP card is expired?
Replies: 3
Views: 357

Re: Can I apply for Citizenship if BRP card is expired?

The son's new BRP should have been applied for by now. His parents should have received threatening letters from the Home Office telling them to renew it. At the very least they may already be liable for a civil fine. It's conceivable that the father's failure to renew may be taken as evidence of th...
by Richard W
Wed Feb 26, 2020 9:02 pm
Forum: EU Settlement Scheme
Topic: A visitor cannot travel, cannot work and cannot get married
Replies: 23
Views: 2194

Re: Non-EU spouse with a 2 years visitor visa, what is the easiest way to stay with my wife?

Also, not your fault, but there have been a long string of abuse involving the triangle Egypt - Eastern EEA countries and the UK. I mean EEA ladies met on touristic resorts, marry (often for money) Egyptians already married in Egypt, for the sole purpose of allowing them to come to the UK using EEA...
by Richard W
Wed Feb 26, 2020 8:36 pm
Forum: EU Settlement Scheme
Topic: A visitor cannot travel, cannot work and cannot get married
Replies: 23
Views: 2194

Re: Non-EU spouse with a 2 years visitor visa, what is the easiest way to stay with my wife?

iwolga wrote:
Tue Feb 25, 2020 9:56 pm
You can’t move from visits visa to any kind of immigration visa from within the UK.
The restrictions on switching visa are given in the section of the Immigration Rules pertaining to the visa being switched to. There are no such restrictions in the Appendix EU, so we have found an exception.
by Richard W
Wed Feb 26, 2020 8:28 pm
Forum: EU Settlement Scheme
Topic: Divorce behaviour Pre-settled
Replies: 13
Views: 1052

Re: Divorce behaviour Pre-settled

SZYMON wrote:
Wed Feb 26, 2020 6:41 pm
Sorry ,You're wrong for retained right residence
Must be married for 3 years and live EEA National in UK lease 1 year
You're correct. Directive 2004/38/EC, EEA Regulations and Appendix EU of the Immigration Rules all concur.
by Richard W
Wed Feb 26, 2020 8:19 pm
Forum: British Citizenship
Topic: Renewal of Certificate of Entitlement - Right of Abode
Replies: 5
Views: 1316

Re: Renewal of Certificate of Entitlement - Right of Abode

I would not lie to immigration. I would explain that I renewed my passport in Malta during my holiday (usually just a week or so) and that I will be applying to renew the CoE-RoA in UK. Then from what I can make out from the current instructions and Immigration Rules, your claim to have Right of Ab...
by Richard W
Wed Feb 26, 2020 7:38 am
Forum: British Citizenship
Topic: Renewal of Certificate of Entitlement - Right of Abode
Replies: 5
Views: 1316

Re: Renewal of Certificate of Entitlement - Right of Abode

Thank you so much for your swift reply. So, to be clear, I can renew my Maltese passport as usual in Malta during one of my short visits there. Return to UK with both my old passport (with CoE-RoA) and my new passport. Then apply to renew my CoE-RoA in UK, and explain this to the immigration office...
by Richard W
Tue Feb 25, 2020 9:29 pm
Forum: British Citizenship
Topic: Renewal of Certificate of Entitlement - Right of Abode
Replies: 5
Views: 1316

Re: Renewal of Certificate of Entitlement - Right of Abode

My answers assume that you live in the UK. (a) Can I apply for Settled Status? Yes. I can't see the EU allowing discrimination against EU citizens with right of abode in the UK, even if you personally don't have permanent residence under the EEA Regulations. Its validity will arise from the EU Withd...
by Richard W
Tue Feb 25, 2020 8:56 pm
Forum: EU Settlement Scheme
Topic: A visitor cannot travel, cannot work and cannot get married
Replies: 23
Views: 2194

Re: Non-EU spouse with a 2 years visitor visa, what is the easiest way to stay with my wife?

I am non-eu, I used to live in UK for 2 years (2017 % 2018)as a full time post-graduate student. I am now married to an EEA national; she lives, works and studies in UK. You can apply under the EU settlement scheme. You may face future accusations of lying to an immigration officer when you entered...
by Richard W
Tue Feb 25, 2020 8:46 pm
Forum: EU Settlement Scheme
Topic: EU Settlement Scheme Family Permit Advice
Replies: 3
Views: 556

Re: EU Settlement Scheme Family Permit Advice

My suggestion is either reapply, or if the application is still in process, to try sending the following question via https://eu-settled-status-enquiries.service.gov.uk/question-about-existing-application . Do check that what is said is true - I have made at least two assumptions. The question needs...
by Richard W
Sun Feb 23, 2020 7:35 pm
Forum: EU Settlement Scheme
Topic: Settled Status after Permanent Residence obtained in April 2018
Replies: 4
Views: 476

Re: Settled Status after Permanent Residence obtained in April 2018

My mistake. Sorry. I had assumed that one could only have a 'documented right of permanent residence' if one had a right of permanent residence. Even if I had been right, you would probably have had 5 years continuous residence that would qualify you for settled status.
by Richard W
Sun Feb 23, 2020 10:55 am
Forum: EU Settlement Scheme
Topic: EU Settlement Scheme Family Permit Advice
Replies: 3
Views: 556

Lounes but British via Settled Status

I m a french citizen residing in uk applied for settled status with my 3 yrs old son and received settled status for both . My wife is from India and on EU dependant visa holding 5 years residence card living with me since 2016 . I have already applied EU settled application for my wife through mob...
by Richard W
Sun Feb 23, 2020 10:05 am
Forum: Referendum-News and Developments
Topic: Thousands of EU citizens ‘at risk of losing legal status after Brexit’
Replies: 13
Views: 9231

Re: Thousands of EU citizens ‘at risk of losing legal status after Brexit’

@cleo22 people on ILR now must have held ILR for a year before applying for citizenship (unless spouse of a BC). So I would expect no difference there, as "settled status" is basically the same as ILR. One very big difference is that the 5 years leading up to PR based on 5 years presence are spent ...
by Richard W
Sun Feb 23, 2020 9:20 am
Forum: British Citizenship
Topic: UK Citizenship advice for my EU husband with EU Settled status
Replies: 17
Views: 1611

Re: UK Citizenship advice for my EU husband with EU Settled status

Reposting as I messed up the quote delimitations. I believe we are, technically, on the same page if I am understanding your concern correctly? Just about. However, the only relaxation over CSI is in respect to the immigration rules. I have seen no announcement of any relaxation in the EEA Regulatio...
by Richard W
Sun Feb 23, 2020 4:32 am
Forum: British Citizenship
Topic: UK Citizenship advice for my EU husband with EU Settled status
Replies: 17
Views: 1611

Re: UK Citizenship advice for my EU husband with EU Settled status

I believe we are, technically, on the same page if I am understanding your concern correctly? Just about. However, the only relaxaion over CSI is in respect to the immigration rules. I have seen no announcement of any relaxation in the EEA Regulations or in the naturalisation requirements. It doesn...
by Richard W
Sun Feb 23, 2020 2:35 am
Forum: British Citizenship
Topic: Just been granted UK ILR and need help applying for baby's citizenship
Replies: 24
Views: 1354

Re: Just been granted UK ILR and need help applying for baby's citizenship

It's illegal in international law to make a person stateless. Children automatically have their parents' nationality and you cannot renounce on their behalf (I. E Under 18). So their current nationality is what yours is That is not universally true. Many nationalities do not descend to generations ...
by Richard W
Sun Feb 23, 2020 2:17 am
Forum: British Citizenship
Topic: Do you have any dependants not applying with you at this time?
Replies: 6
Views: 11546

Re: Do you have any dependants not applying with you at this time?

So you recommend lying?
by Richard W
Sat Feb 22, 2020 9:48 pm
Forum: British Citizenship
Topic: Do you have any dependants not applying with you at this time?
Replies: 6
Views: 11546

Re: Do you have any dependants not applying with you at this time?

I'd say 'yes', and see if that causes any problems. You should be able to go back and change your answers; it is very easy to click the wrong answer in an on-line form.
by Richard W
Sat Feb 22, 2020 9:46 pm
Forum: British Citizenship
Topic: British & European
Replies: 3
Views: 303

Re: British & European

I was wondering if I was ever in situation coming back on my (non-uk) EU passport (rather than obvious choice of the UK passport), would passport control not be aware of my PR status, on EU passport? Or at least the fact that I am indeed British? Is there any law against British citizens lying to I...
by Richard W
Sat Feb 22, 2020 7:40 pm
Forum: British Citizenship
Topic: Family application - any one else?
Replies: 6
Views: 370

Re: Family application - any one else?

We came over on Ancestry and had no issues getting IDL. Kids were born before we had IDL. They aren't registered in our original country as we only wanted them to have UK citizenship. Likewise, other half and I are renouncing our "old" citizenship and plan to live in the UK. My child is disabled an...
by Richard W
Sat Feb 22, 2020 2:15 pm
Forum: British Citizenship
Topic: UK Citizenship advice for my EU husband with EU Settled status
Replies: 17
Views: 1611

Re: UK Citizenship advice for my EU husband with EU Settled status

In breach of the immigration laws" is a very particular term, defined in the BNA 1981. Even if an EU citizen is residing in the UK on the basis of EU law but not "by virtue of any provision made under section 2(2) of the European Communities Act 1972", then EU law will not prevent his being "in bre...
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