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by Richard W
Mon Mar 02, 2020 8:29 pm
Forum: EU Settlement Scheme
Topic: Unlawful detention claim
Replies: 13
Views: 995

Re: Unlawful detention claim

Char is right in what she said, and I believe she should not be criticise for expressing what the law as interpreted by the court, says. So is there a judgement that an application for status under the EEA regulations, as opposed to an application for the recognition of status, does not extend leav...
by Richard W
Mon Mar 02, 2020 6:53 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)

The people in this discussion have already acquired Permanent Residence status, they are therefore entitled to apply in there own right without the need to rely on a Sponsor. I too originally thought that, except that a PRC (or in the general case, but rarely, a DCPR) would be required. Then I chec...
by Richard W
Sun Mar 01, 2020 12:35 pm
Forum: EU Settlement Scheme
Topic: Unlawful detention claim
Replies: 13
Views: 995

Re: Unlawful detention claim

I really do not see anything erroneous about CR001's post. I will go as far as saying, that no other views could reasonably, possibly be correct. So do you think it is because of incompetence or fairness (I'm not asking which) that holders of extant leave who apply for residence cards as durable pa...
by Richard W
Sat Feb 29, 2020 8:07 pm
Forum: British Citizenship
Topic: MN1 application
Replies: 10
Views: 746

Re: MN1 application

Only the parents ilr evidence needs to be attached. To ram CR001's point home, only evidence of one parent holding ILR is needed. As this registration is as of right (a right that is unconditional if the child is under 10) for a UK born child, the other parent's immigration status is irrelevant. It...
by Richard W
Sat Feb 29, 2020 12:30 pm
Forum: British Citizenship
Topic: Naturalisation through domestic violence ILR
Replies: 22
Views: 4496

Re: Naturalisation through domestic violence ILR

I am filling out the application form but I dont know his address and the system wont let me proceed without putting his address. What should I do? And I dont have every page of his passport, I only have his passport front page copy, would that be ok? As to the passport, I suggest ordering a full b...
by Richard W
Fri Feb 28, 2020 8:07 pm
Forum: EU Settlement Scheme
Topic: A visitor cannot travel, cannot work and cannot get married
Replies: 23
Views: 2182

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

I've just discovered to my surprise that the EEA Regulations stamp route (a.k.a. code 1A) route has now gone - bang goes the interactive approach. No it hasn't. I was wrong. I misread 'exit day' in S.I. 2019/1383 as meaning 'exit day' (31/1/20). However, Section 1 of Schedule 5 of the European Unio...
by Richard W
Fri Feb 28, 2020 2:45 am
Forum: EU Settlement Scheme
Topic: A visitor cannot travel, cannot work and cannot get married
Replies: 23
Views: 2182

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? There's a similar situation in the opening ...
by Richard W
Fri Feb 28, 2020 1:59 am
Forum: British Citizenship
Topic: British Citizenship / Passport advise related
Replies: 3
Views: 319

Re: British Citizenship / Passport advise related

Might there not be an issue with not notifying the Home Office of a change of name in the context of the BRP? Could it not be taken as a sign of bad character?
by Richard W
Fri Feb 28, 2020 1:42 am
Forum: British Citizenship
Topic: Naturalisation after 10 years without PR card
Replies: 5
Views: 372

Re: Naturalisation after 10 years without PR card

We've not seen evidence of such thoroughness. If they cared about your status in 2010-12, they would check your tax records. Now, when you apply for naturalisation, they may well do such a check as part of the good character check. They would then discover that you were indeed not in breach of the i...
by Richard W
Fri Feb 28, 2020 1:00 am
Forum: EU Settlement Scheme
Topic: Unlawful detention claim
Replies: 13
Views: 995

Re: Unlawful detention claim

Your 10 years continuous residence is broken The Upper Tribunal has held that the UNMARRIED non-EU partner of an EU citizen cannot start accruing time towards permanent residence status until they have a residence card So you were technically an illegal from 24/04/2018 - RC Issued date or 24/04/201...
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: 2182

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: 2182

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: 2182

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: 2182

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: 474

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.
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