I'm guessing that your parents were Nigerian. However, I can't then work out why in 1991 your father thought your mother was British. Have you been told more about what was on your passport application? Was it claimed that she was born in the UK? I'm now wondering if your father thought your mother...

The facts are coming out very slowly. The first claim is that Thisgirlcan's father, when he successfully applied for naturalisation as British, included Thisgirlcan and her sister in his application. Were their names included on the naturalisation certificate? If their names were, then they are, or ...

Your answer is very misleading. Those people who have already got their family permits will by law have acquired parmanent residence after five years provided they meet all the current requirements. To suggest that they will suddenly be required to meet the new regulations after they have already l...

How about self sufficient eu national and a working noneu spouse If the couple cannot be self-sufficient as a couple, they may have big problems with national immigration laws. One way for governments around the issue of barriers to free movement within the EU might be for the immigration rules not...

2) My LiUK test which I took in 2012 has my married surname which is not the one on the passport as I never officially changed my maiden name after being married. Will this be a problem? Shall I explain that in cover letter? Yes, it may cause problems. You will most probably not be allowed to have ...

Thisgirlcan wrote:I don't know what the case is for me as I wasn't born here and wasn't granted any leave apart from the passport I had.

That doesn't sound likely. What was your nationality? Have you found the passport you entered on?

Just out of curiosity, what did you mean with your statement: 'While this will make the EEA route more difficult for those using real jobs, it will preserve free movement within the EEA.' Who are 'those using real jobs?' Perhaps it is fairer to say that it is more difficult all round. The problem i...

On the basis of Lord Bates' answer, Ryuzaki, Nemerkh and I will be fine for moves to a second EEA country. Am not sure am following you. What do you mean moves to a SECOND eea country? Hiw about staying in the UK? I thought Latvia was your first EEA country. Weren't you lawfully resident there when...

and to those who still think free movement rights are gone: In the Brussels agreement last week (18 february) there is no amendment of the Lisbon treaty, and no amendment of directive 2004/38. There are very different signals flying around. In the Conclusions of the European Council meeting (18 and...

Got Married to a British National in 2009 continued working. She had stopped working for 1 year due to looking after the first child. Thereafter she started working again and presently she has again stopped working due to birth of second child. There's case law which suggests that 6 months off for ...

• punishes those who imported non-EU spouses by stripping their families of free movement rights (That's mostly a retrospective punishment, though Indian and Japanese spouses still have to make a choice between British and original nationality.) I wonder if Patricia McCarthy Rodriguez will have to g...

This amendment only affects a couple of hundred so its a bit petty, will it greatly reduce immigration numbers? I don't think so. I think it was stuck in to appease the Home Office after they got whupped on a couple of court cases, just my view. Actually, it will inconvenience a great many people, ...

The 1968 act is nothing comparable to UK'S international obligation under the treaty. There was no need for an impact assessment . It had no effect on British Citizens. In 1968, the nearest thing to a British Citizen was two groups - a Citizen of the United Kingdom and Colonies (CUKC) with a passpo...

If you are illegal in the UK, you cannot marry a Polish citizen and continue living in the UK under EU free movement laws. You need to apply under UK law (this will probably result in a denial of residence). If you are legally currently in Spain, you cannot marry a French citizen (who is already es...

If 'a Member State' (for residence) and 'the host Member State' (for establishment) are meant to be the same, then he has achieved some restriction. On second thoughts, I don't think they would need to be the same. I have had a look at Regulation 12 of the original Immigration (European Economic Ar...

Ignoring other family members, this should mean that an EU national who has established himself in a host member state would be treated as a citizen of the host member state unless his spouse already has lawful residence in a member state. This makes a lot of sense. It preserves freedom of movement...

It's a complete can of worms. If a marriage before the non-EU partner comes to the EEA disqualifies, and de facto relationships count as marriages, ECOs will want to establish that there was a de facto relationship before they came to the EEA! That nice and clearly explained Richard, thank you. So,...

This is all still presuming married couples, how does it affect DR couples? It's a complete can of worms. If a marriage before the non-EU partner comes to the EEA disqualifies, and de facto relationships count as marriages, ECOs will want to establish that there was a de facto relationship before t...

Ok, so how about if a french national, marries a columbian studying in france and then move to the uk? Provided the student's permission to be in France confers 'lawful residence', that's allowed by the proposed law. However, I'm not sure they could move back to France relying on EU law. I'm having...

I'd understood it was devised purely to give those EU citizens living and working in EU States other than their own a path to import their non-EU inamorata as they cannot use their home State rules (not resident) nor their current State's rules (not a local Citizen). To be honest I don't know exact...

However, I still am not sure I get this right: if an EU national residing in the UK marries a non-EU who never set foot in Europe (let's say marries them in a country outside EU) and then the EU national brings them on a family permit to the UK (which seems to be the situation of many on this forum...

Either you have a very good memory or very good research skills. A very specific and relevant precedent to cite. Would you know when the doctrine of "legitimate expectations" was introduced into immigration law? Or did it not apply in 1968 because an Act of Parliament is not questioned by the court...

There are 2 clauses here: 1) Non-EU national do not have prior lawful residence in a member state or 2) Marrying EU national after he has established residence in the host member state. Note that the first clause is: 1) Non-EU national do not have prior lawful residence in a member state before mar...

So if i am from Lebanese nationality, went to latvia before they joined eu as a student, then married my wife (latvian-eu) after they joined the eu, came to UK on family visa then eea2 will that mean am targeted bow? If your entire residence in Latvia up until you married your wife was lawful, I be...

I fear Noajthan is under the misapprehension that you are in Belgium in the capacity of a non-EEA family member of an EEA citizen, and therefore protected by Directive 2004/38/EC, whereas you are probably in Belgium under purely Belgian immigration law.