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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: 1360

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: 1360

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: 2254

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: 567

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: 491

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: 567

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: 9353

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: 1629

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: 1629

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: 1397

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: 11900

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: 11900

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: 304

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: 388

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: 1629

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...
by Richard W
Fri Feb 21, 2020 8:24 pm
Forum: British Citizenship
Topic: Child born in UK MN1
Replies: 6
Views: 533

Re: Child born in UK MN1

Hi All My son was born in UK. He was not registered as my home country citizen and has not travelled outside UK. I received my ILR last week and want to apply for my son's MN1 and register as british citizen. What should i say for below things in MN1 application? 1. Country of nationality Type the ...
by Richard W
Fri Feb 21, 2020 7:48 pm
Forum: British Citizenship
Topic: UK Citizenship advice for my EU husband with EU Settled status
Replies: 17
Views: 1629

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

I know of at least one person (friend) - possibly more but I have not asked specifically - who was able to obtain settled status under the Settlement Scheme despite spending only 1y exercising treaty rights through employment (exempt from CSI) and 4y as a student without CSI. What do you think you ...
by Richard W
Fri Feb 21, 2020 4:00 pm
Forum: EU Settlement Scheme
Topic: what happens next after the EEA family permit is granted?
Replies: 11
Views: 1214

Re: what happens next after the EEA family permit is granted?

The application can be basically done a couple of days after she arrives to UK. She need to prove one day of residency with a bill, so make sure you include her into water/electricity bill AND the bill is issued a couple of days after she crossed the UK border Doesn't this mean a very tight time sc...
by Richard W
Fri Feb 21, 2020 3:24 pm
Forum: British Citizenship
Topic: British Passport : Married name or Maiden name?
Replies: 2
Views: 290

Re: British Passport : Married name or Maiden name?

And they shouldn't issue you one in your maiden name!

An embassy letter saying you can't change your name is your best hope. Remember, British citizens don't have a right to a passport. If we want to re-enter the UK, we just have to avoid the ports.
by Richard W
Fri Feb 21, 2020 3:00 pm
Forum: British Citizenship
Topic: UK Citizenship advice for my EU husband with EU Settled status
Replies: 17
Views: 1629

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

In the Guidance for Caseworkers making decisions on naturalisation by discretion, there is a phrase that says something along the lines "EU citizens are not considered to be in breach of immigration law". Based on that phrasing, I don't think being in breach of immigration law applies to EU citizen...
by Richard W
Fri Feb 21, 2020 2:17 pm
Forum: EU Settlement Scheme
Topic: EU settlement scheme - no biometrics, got COA
Replies: 22
Views: 3876

Re: EU settlement scheme - no biometrics, got COA

There's also been at least one tribunal or court ruling that time before counts towards the qualification for PR. Can you share details? Yes! The judgement is recorded at SSHD v. Idrissa Kamagate and it was discussed at topic https://www.immigrationboards.com/eea-route-applications/eea4-pr-applicat...
by Richard W
Fri Feb 21, 2020 1:54 pm
Forum: British Citizenship
Topic: UK Citizenship advice for my EU husband with EU Settled status
Replies: 17
Views: 1629

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

Irrelevant in his case. He has got settled status under the new EU settlement scheme. The Scheme allows students and unemployed but self sufficient people to get the equivalent of PR without sickness insurance. Does settled status retrospectively change whether one was 'in breach of the immigration...
by Richard W
Thu Feb 20, 2020 5:07 pm
Forum: EU Settlement Scheme
Topic: EU settlement scheme - no biometrics, got COA
Replies: 22
Views: 3876

Re: EU settlement scheme - no biometrics, got COA

5 years after the establishment of my relationship with my EU sponsor (in my case, the date my EEA card was issued), regardless of any cohabitation time before that, and regardless how long I have been in the UK. Did they use the phrase "establishment of relationship"? That can be taken several way...
by Richard W
Thu Feb 20, 2020 4:13 pm
Forum: EU Settlement Scheme
Topic: Settled Status after Permanent Residence obtained in April 2018
Replies: 4
Views: 491

Re: Settled Status after Permanent Residence obtained in April 2018

blondiey2k wrote:
Wed Feb 19, 2020 11:19 pm
2. I have spent quite a lot of time outside the UK since April 2018 - will this affect my application for settled status?
If you have retained PR, this will not be a problem in law. You may have to find evidence that you have not lost PR by a 2-year absence.
by Richard W
Thu Feb 20, 2020 3:57 pm
Forum: EU Settlement Scheme
Topic: BRP CARDS OR SETTLED STATUS.
Replies: 6
Views: 683

Re: BRP CARDS OR SETTLED STATUS.

Thanks very much for your reply. So I will apply for the PR then settled status after that. They do not qualify for registration because they were born after I became British Citizen and that, they are deriving their status through my wife (their step mother) who is EEA citizen. If you're not inter...
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