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by Richard W
Sun Mar 08, 2020 4:32 pm
Forum: EEA-route Applications
Topic: Settled Status for NON-EEA FAMILY MEMBER WITH DUAL NATIONAL SPONSOR (2012-TRANSITIONAL ARRANGEMENT)
Replies: 8
Views: 511

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

I think Obie assumed that having been granted a residence card 5 years ago, you husband would by now automatically have acquired permanent residence. I had assumed that your husband was part of your father-in-law's household. On reading your much earlier posts, I now begin to think he was merely fin...
by Richard W
Sun Mar 08, 2020 3:54 pm
Forum: EEA-route Applications
Topic: Significant portion of Regulation 9 ruled unlawful
Replies: 64
Views: 31661

Re: NEW EEA Regulation that violates EU law coming into effect

The Tribunal has finally got its act together and deal with this unlawful surinder situation in regulation 9. Just a shame it came in 3 years later. ZA (Afghanistan) , well and truly over due. https://moj-tribunals-documents-prod.s3.amazonaws.com/decision/doc_file/66978/00281_ukut_iac_2019__za_afgh...
by Richard W
Sun Mar 08, 2020 3:45 pm
Forum: EEA-route Applications
Topic: Significant portion of Regulation 9 ruled unlawful
Replies: 64
Views: 31661

Re: NEW EEA Regulation that violates EU law coming into effect

The Tribunal has finally got its act together and deal with this unlawful surinder situation in regulation 9. Just a shame it came in 3 years later. ZA (Afghanistan) , well and truly over due. https://moj-tribunals-documents-prod.s3.amazonaws.com/decision/doc_file/66978/00281_ukut_iac_2019__za_afgh...
by Richard W
Sat Mar 07, 2020 8:08 am
Forum: EEA-route Applications
Topic: Settled or Presettled Application
Replies: 4
Views: 228

Re: Settled or Presettled Application

As I said, I am now applying for my own status. I am aware that for settled status requirement is to be living in UK for five years, otherwise, one needs to apply for pre-settled status. No. The requirement is (with rare exceptions) five years living in the UK with a connection to an EU national or...
by Richard W
Sat Mar 07, 2020 8:01 am
Forum: EEA-route Applications
Topic: Urgent! I got a refusal on EU settlement scheme
Replies: 20
Views: 1125

Re: Urgent! I got a refusal on EU settlement scheme

When I submit an administrative review, what more evidence should I upload? Or I simply tell them they should recognize my civil partnership? I would simply point that you qualify as the 'spouse of civil partner' of a 'relevant EEA citizen'. I'm not sure that you can submit extra evidence for an ad...
by Richard W
Fri Mar 06, 2020 3:09 am
Forum: British Citizenship
Topic: Divorce initiated during citizenships process
Replies: 9
Views: 265

Re: Divorce initiated during citizenships process

You are actually married until the divorce proceedings have been finalised, irrespective of what living arrangements you have agreed. "Separation" is not a status in law, it's just an arrangement, you are still married. Actually, "separated" is a status in English marital law, but it needs the invo...
by Richard W
Thu Mar 05, 2020 7:19 pm
Forum: EEA-route Applications
Topic: Urgent! I got a refusal on EU settlement scheme
Replies: 20
Views: 1125

Re: Urgent! I got a refusal on EU settlement scheme

Can I Still work tomorrow? If your partner is a 'qualified person', e.g. working a normal job, then you are his family member and legally permitted to work. It would then be unlawful to dismiss or suspend you on the excuse that you had no right to work. How long is the time frame that I can still s...
by Richard W
Thu Mar 05, 2020 7:10 pm
Forum: EEA-route Applications
Topic: Urgent! I got a refusal on EU settlement scheme
Replies: 20
Views: 1125

Re: Urgent! I got a refusal on EU settlement scheme

I don't know who told you to apply under eu settlement. only married couple can apply under eu settlement with just marriage certificate. If you don't have marriage certificate then you should apply under EEA FREEMOVEMENT first . and if approved then UNDER EU settlement An English civil partnership...
by Richard W
Wed Mar 04, 2020 9:51 pm
Forum: EEA-route Applications
Topic: EU Settled Status and Family Sponsorship After Divorcing
Replies: 3
Views: 191

Re: EU Settled Status and Family Sponsorship After Divorcing

Bizarrely, if the OP's wife has settled status and resides in the UK, and the OP's child came to the UK before the divorce was finalised, the child would be eligible for immediate settled status! However, it may be difficult to meet the requirements for evidence.
by Richard W
Tue Mar 03, 2020 5:40 pm
Forum: EEA-route Applications
Topic: Settled Status for NON-EEA FAMILY MEMBER WITH DUAL NATIONAL SPONSOR (2012-TRANSITIONAL ARRANGEMENT)
Replies: 8
Views: 511

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

It seems that some applicants have received advice from within the Home Office, or Home Office contractors, to lie about their sponsor's nationalities, which may be why the the case worker assumed that Lounes was relevant. It seems to me that that's how similar cases have been handled.
by Richard W
Tue Mar 03, 2020 5:32 pm
Forum: EEA-route Applications
Topic: Settled Status for NON-EEA FAMILY MEMBER WITH DUAL NATIONAL SPONSOR (2012-TRANSITIONAL ARRANGEMENT)
Replies: 8
Views: 511

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

Googling, I found on a law firm's facebook account a message purporting to come from 'xxxxxx', Head of European Migration Policy, a fortnight ago saying that they are aware that they haven't captured the transitional arrangement and intend to fix it in Immigration Rule changes laid before parliament...
by Richard W
Mon Mar 02, 2020 10:13 pm
Forum: British Citizenship
Topic: MN1 for child with British passport
Replies: 6
Views: 209

Re: MN1 for child with British passport

Was your wife working in the UK as an EEA national while you were unemployed in the UK? Such time could also count towards your gaining of PR.
by Richard W
Mon Mar 02, 2020 10:03 pm
Forum: EEA-route Applications
Topic: Surinder Singh
Replies: 7
Views: 285

Re: Surinder Singh

I don’t mean the Article 10 residence card, I mean the EEA family permit required for the Surinder Singh path If your are beneficiaries of the Surinder Singh ruling, he can work as soon as you have both entered the UK. The problem is that an employer would either have to believe you were beneficiar...
by Richard W
Mon Mar 02, 2020 8:29 pm
Forum: EEA-route Applications
Topic: Unlawful detention claim
Replies: 13
Views: 572

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: EEA-route Applications
Topic: Settled Status for NON-EEA FAMILY MEMBER WITH DUAL NATIONAL SPONSOR (2012-TRANSITIONAL ARRANGEMENT)
Replies: 8
Views: 511

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: EEA-route Applications
Topic: Unlawful detention claim
Replies: 13
Views: 572

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: 324

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: 15
Views: 558

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: EEA-route Applications
Topic: Non-EU spouse with a 2 years visitor visa, what is the easiest way to stay with my wife?
Replies: 17
Views: 801

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: EEA-route Applications
Topic: Non-EU spouse with a 2 years visitor visa, what is the easiest way to stay with my wife?
Replies: 17
Views: 801

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 ...
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