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Search found 475 matches

by rosebead
Wed Apr 22, 2015 8:01 pm
Forum: EU Settlement Scheme
Topic: Payment withdrawal
Replies: 8
Views: 387

Re: Payment withdrawal

It should be £130. If you sent the application forms together, I wonder if they processed one and neglected to process the other one. It's better that you ring them to check.
by rosebead
Wed Apr 22, 2015 7:47 pm
Forum: EU Settlement Scheme
Topic: EEA spouse visa
Replies: 9
Views: 423

Re: EEA spouse visa

Visa officers often tiresomely decline on the basis of a not genuine marriage, which they are not supposed to unless they have good reason to suspect so, such as applicant only married recently before applying for visa or has a poor immigration history. Your wife could try asking for a reconsiderati...
by rosebead
Wed Apr 22, 2015 7:22 pm
Forum: EU Settlement Scheme
Topic: Surender sing route- need help
Replies: 5
Views: 364

Re: Surender sing route- need help

It's probably better if you do, as the UK may not be implementing CJEU McCarthy properly for British sponsors, meaning that they may ask you to satisfy Regulation 9 of the EEA Regulations at the border before they will allow your family members to use their Irish residence cards to enter the UK.
by rosebead
Tue Apr 21, 2015 11:34 pm
Forum: EU Settlement Scheme
Topic: Surender sing route- need help
Replies: 5
Views: 364

Re: Surender sing route- need help

Yes, you would have to submit all the dependency evidence again, even evidence from Ireland. British sponsors do not have to exercise Treaty rights on return to the UK so your family can apply for UK residence cards straightaway. 18 months in Ireland is more than sufficient to satisfy the Home Offic...
by rosebead
Tue Apr 21, 2015 11:07 pm
Forum: EU Settlement Scheme
Topic: New Application: Can you use any period of 5 years in Uk?
Replies: 7
Views: 351

Re: New Application: Can you use any period of 5 years in Uk

You can by law use any 5 year window for PR confirmation, although before April 2006 someone who may have acquired Article 16 permanent residence could lose it if the EEA national took more than 2 years break from exercising Treaty rights before that date. If you wish to apply in the category of a d...
by rosebead
Tue Apr 21, 2015 10:24 pm
Forum: EU Settlement Scheme
Topic: EEA(PR) - Student declaration
Replies: 5
Views: 1151

Re: EEA(PR) - Student declaration

Looking at the EEA(PR) form, it seems the Home Office does require a sworn declaration: (Student only) A declaration, signed and dated by the relevant EEA national, confirming that they have/had sufficient financial resources to cover them and any family members living in the UK (if applicable) not ...
by rosebead
Tue Apr 21, 2015 9:04 pm
Forum: EU Settlement Scheme
Topic: this may be a strange one...
Replies: 2
Views: 192

Re: this may be a strange one...

If your husband is not resident in Ireland then no you cannot work there. Your EU rights are dependent on him being resident in the host Member State.
by rosebead
Mon Apr 20, 2015 10:37 pm
Forum: EU Settlement Scheme
Topic: Retained Right of Residence Urgent Advice Needed
Replies: 36
Views: 2180

Re: Retained Right of Residence Urgent Advice Needed

You might find it useful checking out the table titled "Section 14" on page 126-130 of the new EEA(FM) form. There it has a detailed checklist of the self-employment proofs that the Home Office expects. I have had no personal experience of your issue but my opinion is that even if the Home Office ar...
by rosebead
Mon Apr 20, 2015 9:40 pm
Forum: EU Settlement Scheme
Topic: Work in NI but want to live in Ireland to bring non eu wife
Replies: 10
Views: 440

Re: Work in NI but want to live in Ireland to bring non eu w

You can cancel bookings on some hotels with booking.com and get a refund, by the way. It's not in any way compulsory to do that - I'm just saying that this is what some family members do for Schengen visas because some EU embassies illegally insist on production of flight tickets or hotel bookings e...
by rosebead
Mon Apr 20, 2015 7:28 am
Forum: EU Settlement Scheme
Topic: Please help - EEA FP Refused - Proving intent to travel...
Replies: 13
Views: 417

Re: Please help - EEA FP Refused - Proving intent to travel.

SOLVIT are not legal experts, they are just mediators. You're best contacting Your Europe Advice for legal advice. I'm afraid it's often the case you get a lot of badly trained Entry Clearance Officers that ask for things that applicants are not legally required to provide. Some applicants comply to...
by rosebead
Sat Apr 18, 2015 11:47 pm
Forum: EU Settlement Scheme
Topic: Visa free travel for Residence Card holder Case refer to ECJ
Replies: 300
Views: 45078

Re: Visa free travel for Residence Card holder Case refer to

The beneficiaries of the Directive are however OFMs once it has been accepted by their host State. Since OFMs are beneficiaries of the Directive, shouldn't they then also be able to "benefit" from the privilege of visa-free travel that the Directive bestows with Article 10 RCs?
by rosebead
Sat Apr 18, 2015 10:43 pm
Forum: EU Settlement Scheme
Topic: 2 nd EEA marriage and EEA application
Replies: 14
Views: 265

Re: 2 nd EEA marriage and EEA application

You do not need to show that your wife was exercising Treaty rights throughout your whole marriage unless you are aiming to apply for a PR card. To retain a right of residence, you need only show that your wife was qualified at the time of your divorce, and of course that you were exercising Treaty ...
by rosebead
Sat Apr 18, 2015 10:32 pm
Forum: EU Settlement Scheme
Topic: Work in NI but want to live in Ireland to bring non eu wife
Replies: 10
Views: 440

Re: Work in NI but want to live in Ireland to bring non eu w

You should write that you are travelling separately in the parts where it asks if you are travelling together and where it asks for an address. If you wish, you could reserve a refundable hotel through booking.com to show your intentions to travel, and write that hotel address in the address part. T...
by rosebead
Sat Apr 18, 2015 10:05 pm
Forum: EU Settlement Scheme
Topic: Visa free travel for Residence Card holder Case refer to ECJ
Replies: 300
Views: 45078

Re: Visa free travel for Residence Card holder Case refer to

Yes the principle behind McCarthy is the UK should not demand an EEA FP for entry but when there is a RC available. I personally felt the CJEU made it clear that the UK cannot use the Frontier Protocol to justify not accepting RCs for entry: 64 It follows that Article 1 of Protocol No 20 authorises ...
by rosebead
Sat Apr 18, 2015 12:48 am
Forum: EU Settlement Scheme
Topic: Work in NI but want to live in Ireland to bring non eu wife
Replies: 10
Views: 440

Re: Work in NI but want to live in Ireland to bring non eu w

In your situation you do not have to have accommodation already in Ireland for your wife to apply for the C visa as the spouse of an EU citizen. All you need for the application are both your passports, marriage certificate and a declaration that you will be travelling to Ireland, and that is all. H...
by rosebead
Fri Apr 17, 2015 10:58 pm
Forum: EU Settlement Scheme
Topic: Clarification Please
Replies: 5
Views: 366

Re: Clarification Please

Yes, it's perfectly acceptable to use the old form or even dispense with forms altogether and write a letter - see pages 7-8 of this Home Office guidance. However it would be a good idea to print out the pay section and the biometric section of the new form, and submit those with your application. I...
by rosebead
Fri Apr 17, 2015 9:52 pm
Forum: EU Settlement Scheme
Topic: EEA FAMILY PERMIT OR "EEA DEPENDENT" INK STAMP? PLS HELP
Replies: 6
Views: 1695

Re: EEA FAMILY PERMIT OR "EEA DEPENDENT" INK STAMP? PLS HELP

Neither previous visa refusals nor a ban, unless it was for reasons of public security or for serious or repetitive criminal offending, should legally affect your application for an EEA Family Permit. If the Entry Clearance Officer in Warsaw is doing his job properly, then you should not have any pr...
by rosebead
Fri Apr 17, 2015 5:10 pm
Forum: EU Settlement Scheme
Topic: Visa free travel for Residence Card holder Case refer to ECJ
Replies: 300
Views: 45078

Re: Visa free travel for Residence Card holder Case refer to

But how is that "free movement" in that case? I thought the whole point of the McCarthy ruling was that the UK could not use the Frontier Protocol to obstruct family member holders of Article 10 RCs from travelling?
by rosebead
Fri Apr 17, 2015 4:50 pm
Forum: EU Settlement Scheme
Topic: Visa free travel for Residence Card holder Case refer to ECJ
Replies: 300
Views: 45078

Re: Visa free travel for Residence Card holder Case refer to

^ I meant more in the context of an extended family member who is travelling (as opposed to planning to reside) with an Article 10 residence card, as in the case that 357mag presented. It would be grossly disproportionate if that extended family member would only be allowed to travel at the discreti...
by rosebead
Fri Apr 17, 2015 4:10 pm
Forum: EU Settlement Scheme
Topic: Visa free travel for Residence Card holder Case refer to ECJ
Replies: 300
Views: 45078

Re: Visa free travel for Residence Card holder Case refer to

^ A right of entry with a Article 10 residence card is different to a right of residence, so if the UK expects people to satisfy Chapter III of the Directive (right of residence) before they will allow them to enter, that would be grossly out of keeping with Community law. The Directive does not exc...
by rosebead
Fri Apr 17, 2015 1:57 am
Forum: EU Settlement Scheme
Topic: Is Derivative Residence card same as the UK residence card?
Replies: 2
Views: 308

Re: Is Derivative Residence card same as the UK residence ca

Directly underneath the title "CERTIFICATE OF APPLICATION" the first sentence should read, "Thank you for your application for a Residence Card". There should be no mention of a Derivative Residence Card in the letter. Perhaps you should query it with UKVI in case they have got things mixed up.
by rosebead
Thu Apr 16, 2015 11:48 pm
Forum: EU Settlement Scheme
Topic: Visa free travel for Residence Card holder Case refer to ECJ
Replies: 300
Views: 45078

Re: Visa free travel for Residence Card holder Case refer to

It will be interesting to see if anyone gets hassle or turned away if they come through without a marriage certificate, for instance if they got their residence certificate as a durable relationship or as the child of a partner in a durable relationship. You will have had your relationship checked ...
by rosebead
Thu Apr 16, 2015 11:33 pm
Forum: EU Settlement Scheme
Topic: EEA2 Apply tomorrow, need last advice
Replies: 8
Views: 291

Re: EEA2 Apply tomorrow, need last advice

Because you mentioned that her payslips will show it. If they don't show it, then you should stop worrying and just send everything in. It seems to be taking on average 4-6 months to process forms currently so by the time they reach your wife's application, she would be most assuredly a genuine and ...
by rosebead
Thu Apr 16, 2015 10:53 pm
Forum: EU Settlement Scheme
Topic: EEA2 Apply tomorrow, need last advice
Replies: 8
Views: 291

Re: EEA2 Apply tomorrow, need last advice

The Home Office are unreasonable, so it might be the case that a caseworker will refuse because your wife has not been long in the job and has had a couple of weeks where she fell short. However, this would be contrary to EU law which looks at the overall picture rather than at just a snapshot, such...
by rosebead
Thu Apr 16, 2015 10:36 pm
Forum: EU Settlement Scheme
Topic: Denial of permanent card / new 5 year resident status ?
Replies: 5
Views: 242

Re: Denial of permanent card / new 5 year resident status ?

Well according to this UK case law, an EEA national can still be considered a "worker" if he's not paying his taxes and N.I. if his work is genuine and effective.
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