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by secret.simon
Tue Nov 22, 2016 5:04 am
Forum: EU Settlement Scheme
Topic: Partner moving to the UK from Netherlands (Pregnant)
Replies: 4
Views: 501

Re: Partner moving to the UK from Netherlands (Pregnant)

What citizenship are you? And are you married or in a durable partnetship (with proof - bank statements, joint accounts, etc - of having lived together for atleast two years )?
by secret.simon
Mon Nov 21, 2016 5:55 pm
Forum: Referendum-News and Developments
Topic: Brussel is the game changer over Brexit
Replies: 10
Views: 3870

Re: Brussel is the game changer over Brexit

by secret.simon
Mon Nov 21, 2016 2:36 pm
Forum: EU Settlement Scheme
Topic: PR card 5 years ?
Replies: 9
Views: 637

Re: PR card 5 years ?

I am an unmarrried partner of an eu citizen. I have been in a relationship for 3 years and living together for 2 years with my partner.I got RC this year, january. The PR clock for unmarried partners of EEA citizens only starts when they get the Residence Card. So, you would acquire PR in five year...
by secret.simon
Sun Nov 20, 2016 9:56 pm
Forum: Indefinite Leave to Remain
Topic: ILR Validity
Replies: 8
Views: 802

Re: ILR Validity

You may want to get your MP involved. The issue of a British passport abroad should not take such a long time.
by secret.simon
Sun Nov 20, 2016 9:51 pm
Forum: EU Settlement Scheme
Topic: PR for EEA member&spouse - apply at the same or separately
Replies: 44
Views: 3099

Re: PR for EEA member&spouse - apply at the same or separate

First of all, you misunderstand how EU law works and how it is different from UK law. Status granted by EU law is automatic. If you meet certain conditions laid by the law, you have the relevant status. If you fail even a single condition, you do not have it. The status is granted by the law itself,...
by secret.simon
Sun Nov 20, 2016 6:45 pm
Forum: EU Settlement Scheme
Topic: EU Family Permit
Replies: 2
Views: 282

Re: EU Family Permit

One for the Claiming Benefits forum? Or would it be a better fit in the EEA Route Applications forum?
by secret.simon
Sun Nov 20, 2016 6:34 pm
Forum: Indefinite Leave to Remain
Topic: ILR Validity
Replies: 8
Views: 802

Re: ILR Validity

3. Is the 2 year period is reset because she travelled to UK in June 2016? Short visits do not reset the ILR counter. The idea of ILR is that you are resident in the UK, that the center of your life is in the UK. Such a long absence would suggest that she has no intention of settling in the UK. If ...
by secret.simon
Sun Nov 20, 2016 6:15 pm
Forum: EU Settlement Scheme
Topic: PR for EEA member&spouse - apply at the same or separately
Replies: 44
Views: 3099

Re: Mum of 5 - will Home Office consider this circumstance?

Are you an EEA citizen? Are you married to an EEA citizen? What are your the nationalities and those of your spouse/partner? Are you married or living in a durable relationship of at least two years together?
by secret.simon
Sun Nov 20, 2016 12:50 am
Forum: Immigration for family members
Topic: Naturalisation Eligibility
Replies: 5
Views: 502

Re: Naturalisation Eligibility

You have no advantage from having a British child, especially if s/he is not living with you. You will still need to get ILR through a relevant route (via the PBS route or as the spouse of a British citizen or via Long Residence) and apply for British citizenship in the usual way, after meeting all ...
by secret.simon
Sat Nov 19, 2016 11:56 pm
Forum: Europe immigration forum
Topic: French Immigration for Canadian (Article 21-20)
Replies: 4
Views: 616

Re: French Immigration for Canadian (Article 21-20)

Your question is quite a specific question and specialist in knowledge area. You will have to be a lot more patient in waiting for an answer.

Give it a week before you bump.

Also have a look here and here.
by secret.simon
Sat Nov 19, 2016 11:50 pm
Forum: Immigration for family members
Topic: Appeal Decision Time Line Family Settlement Visa
Replies: 17
Views: 759

Re: Visa Rejected For Settlement For My Mother and Sister

What is the basis of the sponsor's Permanent Residence in the UK?

Why was no proof of a subsisting and genuine relationship submitted, especially if, as mentioned in the letter, the couple have not lived together for 10 years and not met at all for 18 months!!???
by secret.simon
Sat Nov 19, 2016 11:42 pm
Forum: British Citizenship
Topic: Refused British Citizenship - Good Character Requirement
Replies: 5
Views: 5375

Re: Refused British Citizenship - Good Character Requirement

. how come HO is unearthing an case from 2009, which was cleared by the FTT, HO never went against the decision (20 days to appeal against decision) and further pursued it ? Naturalisation is not a part of the immigration pathway, which terminates at ILR. Naturalisation has different rules, under di...
by secret.simon
Sat Nov 19, 2016 11:31 pm
Forum: EU Settlement Scheme
Topic: SAR data file
Replies: 2
Views: 436

Re: SAR DATA FILE

You are correct in that you have to make a Subject Access Request (SAR) with the Home Office for any personal information that they have on file regarding you. However, it is possible that it will not contain all the supporting evidence that you provided. The Home Office, like all organisations, per...
by secret.simon
Sat Nov 19, 2016 4:24 pm
Forum: EU Settlement Scheme
Topic: EEA Permanent Residence Application
Replies: 24
Views: 1382

Re: EEA Permanent Residence Application

blahblah wrote:oh by the way this insurance only requirement in the uk
That is not a UK requirement. That is an EU requirement and is required for students and self-sufficient people in all EU countries, not just the UK.

Ignorantia iuris non excusat - Ignorance of the law is no excuse.
by secret.simon
Sat Nov 19, 2016 3:31 pm
Forum: EU Settlement Scheme
Topic: EEA Permanent Residence Application
Replies: 24
Views: 1382

Re: EEA Permanent Residence Application

blahblah wrote:my class mate told me that this is 1942 again.
What is the significance of 1942 to this discussion?
by secret.simon
Sat Nov 19, 2016 3:11 pm
Forum: EU Settlement Scheme
Topic: EEA Permanent Residence Application
Replies: 24
Views: 1382

Re: EEA Permanent Residence Application

I had a conversation with an academic at a conference on Brexit about this situation (student or self-sufficient EEA citizen not having CSI). She advised me that such a person would be "lawfully present but not legally resident". Such persons would have the legal right to be in the UK ,under Article...
by secret.simon
Fri Nov 18, 2016 1:35 pm
Forum: Indefinite Leave to Remain
Topic: Need Help regarding Eligibility for ILR
Replies: 9
Views: 449

Re: Need Help regarding Eligibility for ILR

You can not apply for ILR based on the status of your children, if that is your question. You will need to complete five years of T2G (or 10 years of ILR LR) and meet their requirements to get ILR. Once you have ILR, your UK born child can be registered directly as a British citizen. The status of y...
by secret.simon
Fri Nov 18, 2016 1:22 pm
Forum: British Citizenship
Topic: 5 years increased to 10-20 years for Naturalisation?
Replies: 11
Views: 1903

Re: 5 years increased to 10-20 years for Naturalisation?

Essentially, if, for example, I was a student in the UK and then worked for a few years on PSW (now abolished) and then failed to get another visa which would help me fulfill 10 years to qualify for ILR, then that's tough luck - but legally that is not an expectation, because residing in a student ...
by secret.simon
Fri Nov 18, 2016 1:15 pm
Forum: British Citizenship
Topic: What to do with Permanent Residence, after naturalisation?
Replies: 11
Views: 1706

Re: What to do with Permanent Residence, after naturalisatio

do you also find page 28 of the current British passport depicting graphical image of Indian classical dance of Bharat-Natyam a bit ironic? I have the slightly older Shipping Forecast passport, so I had to google what you were referring to. I do not find it ironic so much as surreal, especially giv...
by secret.simon
Fri Nov 18, 2016 12:59 pm
Forum: British Citizenship
Topic: 5 years increased to 10-20 years for Naturalisation?
Replies: 11
Views: 1903

Re: 5 years increased to 10-20 years for Naturalisation?

Legitimate Expectations The application of this doctrine to the Immigration Rules was confirmed by the HSMP judgment of 6 April 2009. Unfortunately I can not seem to find a link to the judgment, but broadly, as I understand it, it states that if the person has started an immigration journey on a sp...
by secret.simon
Thu Nov 17, 2016 8:10 pm
Forum: EU Settlement Scheme
Topic: still can we apply for EEA family permit
Replies: 20
Views: 1430

Re: EEA2 refused can non EU family member return to host cou

As I understand from your earlier posts, you are doing a Surinder Singh with your British wife. An Article 10 Residence Card does not give you an independent right to reside in an EEA country nor the right to reside anywhere else in the EEA. It merely documents your right to reside in the country wh...
by secret.simon
Thu Nov 17, 2016 8:01 pm
Forum: EU Settlement Scheme
Topic: How long can i stay outside UK?
Replies: 2
Views: 581

Re: How long can i stay outside UK?

Have you already acquired PR? If no; Absence of six months per year from the UK is allowed. You are also allowed a one year absence for exceptional reasons (pregnancy, military service, etc). I doubt work is considered an exceptional reason though. If yes; Absence of two years from the UK is allowed.
by secret.simon
Thu Nov 17, 2016 5:43 pm
Forum: British Citizenship
Topic: General Discussion During Naturalisation Application Process
Replies: 5610
Views: 701924

Re: General Discussion During Naturalisation Application Pro

I was more referring to the general updates that come on each April on immigration rules, which may, for example, affect how long one needs to be on ILR before applying for citizenship. There have been multiple speculations that this would be increased from one year to three but this is nothing con...
by secret.simon
Thu Nov 17, 2016 5:11 pm
Forum: British Citizenship
Topic: What to do with Permanent Residence, after naturalisation?
Replies: 11
Views: 1706

Re: What to do with Permanent Residence, after naturalisatio

You can keep the PR card/certificate. Your rights as a UK citizen supercede your PR within the UK and of course, at the moment also grant you Union citizenship across the EU(as opposed to the more mediate freedom of movement as a family member of an EEA citizen). ILR cards are issued under UK law an...
by secret.simon
Thu Nov 17, 2016 4:56 pm
Forum: British Citizenship
Topic: EEA national born in Singapore married to British Citizen
Replies: 5
Views: 402

Re: EEA national born in Singapore married to British Citize

How did you acquire BOC citizenship? In any case, BOC citizenship does not give you any advantage when it comes to applying for British citizenship. You could have registered as a B ritish citizen if you never have held any other citizenship or nationality. As you do hold an EEA citizenship, that pr...
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