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by Richard W
Fri Feb 14, 2020 7:00 pm
Forum: EU Settlement Scheme
Topic: Travelling while EU citizen is away
Replies: 12
Views: 942

Re: Travelling while EU citizen is away

If you have a Permanent Residence or Settled Status, you are independent of your sponsor. But: If you have pre-Settled, you are not independent form the sponsor. To keep your right to reside in the UK, your sponsor has to keep exercising Treaty Right in the UK (Working, Studying, Self sufficient......
by Richard W
Fri Feb 14, 2020 6:51 pm
Forum: EU Settlement Scheme
Topic: Pre settled status traveling to EU without a visa
Replies: 9
Views: 818

Re: Pre settled status traveling to EU without a visa

I know it sounds redundant, but, do you think we'd have better luck traveling by train? Yes. Airlines and ferries are required to keep those without the 'necessary documents' from reaching other countries' immigration. You need to be able to reach Schengen immigration officers, and that can most re...
by Richard W
Fri Feb 14, 2020 6:42 pm
Forum: British Citizenship
Topic: NATURALISED BRITISH CITIZEN & DEPORTATION FROM UK
Replies: 24
Views: 3237

Re: NATURALISED BRITISH CITIZEN & DEPORTATION FROM UK

if someone living in XYZ Country is entitled to british citizenship through his/her parents/grandparents but has never been to britain , has no connection to britain , does not speak the language , has never applied for British nationality , passport , or any form of ID. if that person does a serio...
by Richard W
Thu Feb 13, 2020 7:28 pm
Forum: EU Settlement Scheme
Topic: URGENT HELP! CHILD OF EXTENDED EU FAMILY MEMBER
Replies: 5
Views: 587

Re: URGENT HELP! CHILD OF EXTENDED EU FAMILY MEMBER

Could you please advice me which route I should take your help would be much appreciated. I can't think of any good route. As your son was born in the UK, he will not need leave to enter or remain so long as he remains in the UK. Once you have acquired settled status, you can then apply for your so...
by Richard W
Thu Feb 13, 2020 6:49 pm
Forum: British Citizenship
Topic: NATURALISED BRITISH CITIZEN & DEPORTATION FROM UK
Replies: 24
Views: 3237

Re: NATURALISED BRITISH CITIZEN & DEPORTATION FROM UK

and for you kind information , those romanians didn't apply for British Nationality , they were living here under freedom of movement enjoyed by all citizens of EU. The answer is that it's one rule for those who are Commonwealth citizens via a recent connection with the British Isles, and another f...
by Richard W
Thu Feb 13, 2020 7:49 am
Forum: British Citizenship
Topic: NATURALISED BRITISH CITIZEN & DEPORTATION FROM UK
Replies: 24
Views: 3237

Re: NATURALISED BRITISH CITIZEN & DEPORTATION FROM UK

brown teenage girl makes a grave and serious mistake , despite being born in the UK , despite never been to bangladesh , has never applied for bangladeshi id card , permit or passport , despite the other country declining her right to that country's nationality (just because her father was a citize...
by Richard W
Wed Feb 12, 2020 11:08 pm
Forum: British Citizenship
Topic: NATURALISED BRITISH CITIZEN & DEPORTATION FROM UK
Replies: 24
Views: 3237

Re: NATURALISED BRITISH CITIZEN & DEPORTATION FROM UK

does this mean , anyone who has done a crime and spent more then 1 year in prison , and has dual citizenship can be stripped off their british nationality. ( foreign nationals certainly get deported ) No, the meaning of 'unacceptable behaviour' does not appear to be wide enough. Rolf Harris remains...
by Richard W
Wed Feb 12, 2020 10:42 pm
Forum: British Citizenship
Topic: UK Citizenship advice for my EU husband with EU Settled status
Replies: 17
Views: 1635

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

You don't say why you think he might have needed CSI. I presume that you are worried that he might not have complied with the requirements for EU freedom of movement. From some time in 2006 onwards, once he had been working in the UK (or been the child under 21 in the UK of an EU national who was wo...
by Richard W
Wed Feb 12, 2020 8:44 pm
Forum: British Citizenship
Topic: Child born out of wedlock to UK father and EU mother, parents now married - is she British?
Replies: 5
Views: 554

Re: Child born out of wedlock to UK father and EU mother, parents now married - is she British?

I can see that s. 47 BNA 1981 has been repealed: http://www.legislation.gov.uk/ukpga/1981/61/section/47/2006-07-01 Am I right in thinking that it continues to apply to my daughter because it was the law in force at the time of her birth? Right conclusion, wrong logic. Firstly, Section 47 has not be...
by Richard W
Wed Feb 12, 2020 8:20 pm
Forum: EU Settlement Scheme
Topic: EUSS family permit before travel vs. code 1a stamp on arrival
Replies: 15
Views: 2031

Re: EU Settlement Scheme family permit before travel vs. code 1a stamp on arrival

So using the egates can't make you a visitor against your will! The downside is that if you need leave to enter and don't have, it is unlawful if not illegal to enter without leave to enter. Richard W, I didn’t quite understand this part. The way I read it, I’m entering as a visitor if I used the e...
by Richard W
Tue Feb 11, 2020 8:21 pm
Forum: EU Settlement Scheme
Topic: Can I leave the UK with pending PR application?
Replies: 8
Views: 730

Re: Can I leave the UK with pending PR application?

But you are a "family member of an EEA national", so the paragraph you quoted does not apply to you. I think it does. I was also confused by the wording but I think it means it applies if you are: not settled EEA national family member of EEA national The 'not' only refers to settled. It's the most...
by Richard W
Tue Feb 11, 2020 6:16 am
Forum: EU Settlement Scheme
Topic: Can I leave the UK with pending PR application?
Replies: 8
Views: 730

Re: Can I leave the UK with pending PR application?

But you are a "family member of an EEA national", so the paragraph you quoted does not apply to you.
by Richard W
Tue Feb 11, 2020 6:09 am
Forum: EU Settlement Scheme
Topic: EUSS family permit before travel vs. code 1a stamp on arrival
Replies: 15
Views: 2031

Re: EU Settlement Scheme family permit before travel vs. code 1a stamp on arrival

I had been staying with my husband for a few weeks in Scotland (I entered the normal way as a tourist) and then we flew to Denmark to get married in December. When we came back I was prepare to get a stamp as proof of entering the uk. As a nz passport holder I was immediately directed to the egates...
by Richard W
Tue Feb 11, 2020 5:40 am
Forum: EU Settlement Scheme
Topic: Will a legacy version of the EEA-route still be around in 2024?
Replies: 4
Views: 583

Re: Will a legacy version of the EEA-route still be around in 2024?

I thought we'd need to apply for another pre-settled status several of months in advance of the date our's expire. And only after 5 years counting from our arrival in 2019 are complete, would we apply for settled. Worrying indeed! That looks like a good idea. There are two quite possible problems t...
by Richard W
Sun Feb 09, 2020 1:25 pm
Forum: EU Settlement Scheme
Topic: EUSS family permit before travel vs. code 1a stamp on arrival
Replies: 15
Views: 2031

Re: EU Settlement Scheme family permit before travel vs. code 1a stamp on arrival

During that time I was not able to work as I was a tourist but once the pre settled status came through I was able to work and do everything as normal. Nit pick: If your husband was a qualified person, or had achieved permanent residence (as opposed to having a DCPR), you were legally permitted to ...
by Richard W
Sun Feb 09, 2020 1:04 pm
Forum: EU Settlement Scheme
Topic: Will a legacy version of the EEA-route still be around in 2024?
Replies: 4
Views: 583

Re: Will a legacy version of the EEA-route still be around in 2024?

Hundreds of thousands are being given second-class pre-settled status, which means they will face a new cliff-edge in five years . That’s another disaster waiting to happen. In particular, my non-EEA family member and I have been both granted pre-settled status in 2019. If nothing changes in our pe...
by Richard W
Sat Feb 08, 2020 2:01 pm
Forum: EU Settlement Scheme
Topic: Immigration of US Citizen
Replies: 18
Views: 1153

Re: Immigration of US Citizen

I don't see any better fallback than a spouse visa.
by Richard W
Sat Feb 08, 2020 1:49 pm
Forum: EU Settlement Scheme
Topic: EUSS family permit before travel vs. code 1a stamp on arrival
Replies: 15
Views: 2031

Re: EU Settlement Scheme family permit before travel vs. code 1a stamp on arrival

Where does your wife claim to reside? I don't see how she could have been accepted under the pre-settlement scheme without living in the UK. The EEA regulations (implementation of EU law) allow you to reside for an initial period of 3 months. That is the time for the 'code 1A' stamp, though it will ...
by Richard W
Sat Feb 08, 2020 1:35 pm
Forum: EU Settlement Scheme
Topic: Immigration of US Citizen
Replies: 18
Views: 1153

Re: Immigration of US Citizen

I'm puzzled as to how the OP's wife will be readmitted to the UK. She clearly isn't a visitor, and it seems to me that the Immigration Officer could decide that he isn't satisfied that she meets the requirements of the of the Surinder Singh EEA Regulations, even as modified by court rulings. Why can...
by Richard W
Sat Feb 08, 2020 1:03 pm
Forum: British Citizenship
Topic: British citizenship for child born through surrogacy abroad
Replies: 5
Views: 437

Re: British citizenship for child born through surrogacy abroad

Thank you all for your responses, I am also speaking to an immigration lawyer and it seems it should not be a problem for us to apply for a British passport for the new-born (without having to register the birth with the local British consulate first). Did they understand the issues over paternity ...
by Richard W
Sat Feb 08, 2020 12:56 pm
Forum: EU Settlement Scheme
Topic: Non-EU spouse granted settled status while outside of the UK
Replies: 8
Views: 901

Re: Non-EU spouse granted settled status while outside of the UK

BrunoK1441 wrote:
Thu Feb 06, 2020 12:49 pm
I would still have my Ancestry BRP on me showing validity until 2021.
You said you were worried about what would happen if it expired before you got evidence of acceptance under the EU settlement scheme!
by Richard W
Tue Feb 04, 2020 6:51 pm
Forum: British Citizenship
Topic: British citizenship for child born through surrogacy abroad
Replies: 5
Views: 437

Re: British citizenship for child born through surrogacy abroad

If the OP's wife will give birth to the child, then the child will be British. Otherwise, by a recent judgement, the child may choose to have his biological father recognised as his father for the operation of British nationality law. It will help matters if the child's birth certificate records the...
by Richard W
Tue Feb 04, 2020 6:30 pm
Forum: British Citizenship
Topic: British Cirizenship and EU family member settlement advise please
Replies: 3
Views: 328

Re: British Cirizenship and EU family member settlement advise please

You already have ilr. Why do you want to apply for settled status which is exactly the same thing as ilr. There are a number of differences in the forms of ILR: 1) ILR by the refugee route may be revoked if one ceases to be regarded as a refugee. 2) ILR by the EU route is not lost by an *absence* o...
by Richard W
Tue Feb 04, 2020 6:15 pm
Forum: EU Settlement Scheme
Topic: Non-EU spouse granted settled status while outside of the UK
Replies: 8
Views: 901

Re: Non-EU spouse granted settled status while outside of the UK

Hi Richard W, thanks again for your help. Unfortunately she doesn’t have a paper/card to prove settled status from the EU settlement scheme. It's not the EU settlement scheme that is sure to give you the right of entry; it is the EU rules, specifically directive 2004/38/EC. As an alternative, could...
by Richard W
Mon Feb 03, 2020 11:56 pm
Forum: EU Settlement Scheme
Topic: EEA Family Permit
Replies: 5
Views: 593

Re: EEA Family Permit

My question is can my husband work on eea family permit? As he is been recently let down from companies that he can’t work on this type of visa . Also if someone could guide me what’s the next process to apply for my husband visa is it residence card ? His working would be lawful. In law, we don't ...
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