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by Obie
Mon Nov 30, 2009 8:44 pm
Forum: Immigration for family members
Topic: new law
Replies: 20
Views: 4102
Ireland

Re: hy

The mother has a permantly job but on matanity leave now. Can they apply to get marraige or what? Or sent the require document to the HO now. Jude what is the status of the non-EEA national. If he is not lawfully resident in the UK, the best option will be apply for Resident Card under durable rela...
by Obie
Mon Nov 30, 2009 8:38 pm
Forum: Immigration for family members
Topic: new law
Replies: 20
Views: 4102
Ireland

When deciding whether a partnership is durable for the purpose of an application under Regulation 8 (5) the following criteria should be applied: • The parties have been living together in a relationship akin to marriage which has subsisted for two years or more. • The parties intend to live to...
by Obie
Mon Nov 30, 2009 8:24 pm
Forum: EU Settlement Scheme
Topic: eea2 wait
Replies: 913
Views: 246783
Ireland

This is not a new thing at all. The UK authorities say that, the so called Extended family members have no rights, until an examination has been undertaken of their circumstance. Until such time as this examination is undertaken, they will have absolutely no rights. However, there is a catch, if the...
by Obie
Mon Nov 30, 2009 12:04 am
Forum: Immigration for family members
Topic: failed asylum seeker has child with british girl!
Replies: 14
Views: 5506
Ireland

I don't think anyone would judge you, or al least has the right to judge you. To be honest with you, the quickest and easiest way to go about this, is for your partner to go to his home country. However, because of the baby and the fact that you suffer from depression, for which you partner provides...
by Obie
Sun Nov 29, 2009 11:49 pm
Forum: Immigration for family members
Topic: new law
Replies: 20
Views: 4102
Ireland

Even, if the Dutch national was working, the non-EEA will not benefit from directive 204/38EC in the UK, as it would be argued that the durable relationship has not lasted for 2 year. The best bet will be to get marrried, which i don't think the individuals in this situation wants. The Chen Case , i...
by Obie
Sun Nov 29, 2009 10:30 pm
Forum: EU Settlement Scheme
Topic: We Got It!!!
Replies: 8
Views: 3979
Ireland

The information you have provided will in no doubt help people immensley. The list of documents you submitted, left them no room for manouvre. Those information will be very helpful, for future applicant. However, some people might want to assume that you approval was based on your September to Nove...
by Obie
Sun Nov 29, 2009 8:21 pm
Forum: EU Settlement Scheme
Topic: We Got It!!!
Replies: 8
Views: 3979
Ireland

A very big congratulations to you and Ann again . Just out of interest i, i undertook a research, and found that between the period of 2008/09, there were 30 applications made for EEA family permit in Bulgaria, of which all were approved and 5 were withdrawn. This means there is a 0% rejection rate....
by Obie
Sun Nov 29, 2009 6:33 pm
Forum: Ireland
Topic: Immigration & Residence Bill - January 2008
Replies: 73
Views: 61988
Ireland

There is no EU law that restricts Ireland from taking actions against so called marriages of convenience. Article 35 of the directive makes provision for member state to take action against abuse. What the EU commission is fighting against, is countries using the so called sham marriage allegation a...
by Obie
Fri Nov 27, 2009 11:50 pm
Forum: EU Settlement Scheme
Topic: EEA national going abroad: dependant non-EEA national remedy
Replies: 9
Views: 5350
Ireland

Re: EEA national going abroad: dependant non-EEA national re

1: Could someone explain me that according to EU law, how long the EEA national can stay abroad without it affecting on his spouse's immigration status in UK? Somebody has told me the time-frame in this situation is six months maximum, but no source has been provided. 3.—(1) This regulation appli...
by Obie
Fri Nov 27, 2009 11:10 pm
Forum: EU Settlement Scheme
Topic: EEA Case study. Dont know what to call it!
Replies: 5
Views: 2349
Ireland

I don't think you need to start shouting the odds against your lawyer or make any wild accusation. It might be the case that he sent it and they misplaced it or failed to log it on their system. Obviously, he would have a recorded delivery receipt, you could start by asking him for a copy of that. S...
by Obie
Fri Nov 27, 2009 7:51 pm
Forum: EU Settlement Scheme
Topic: extended eu family member
Replies: 9
Views: 2659
Ireland

People under 21 needs not provide proof of dependancy. The concept of dependancy applies to people over 21 who are considered under Artile 2 if they are children of the EEA national or spouse, the descendant relative under article 2 or other family member under Article 3. You still qualify if you ar...
by Obie
Fri Nov 27, 2009 5:06 pm
Forum: EU Settlement Scheme
Topic: extended eu family member
Replies: 9
Views: 2659
Ireland

Family members of United Kingdom nationals 9.—(1) If the conditions in paragraph (2) are satisfied, these Regulations apply to a person who is the family member of a United Kingdom national as if the United Kingdom national were an EEA national. (2) The conditions are that— (a) the United Kingd...
by Obie
Fri Nov 27, 2009 2:25 pm
Forum: EU Settlement Scheme
Topic: EEA Family Permit
Replies: 22
Views: 8619
Ireland

Tracy, first of all i want to say i am very impressed at you relentless effort to bring about positive change in how the Spanish authority deals with Article 3 family members. I am with you on that all the step of the way and my prayers and support are with you. I also found the case law you posted ...
by Obie
Fri Nov 27, 2009 12:30 am
Forum: EU Settlement Scheme
Topic: EEA Family permit refusal
Replies: 20
Views: 9244
Ireland

Realistically speaking, the order should be revoked immediately when you make an application for an EEA family permit. You only have to apply to the HO for it to be revoked, if it was originally issued on ground of public policy, public health or public security. If it was issued under national law ...
by Obie
Thu Nov 26, 2009 11:32 pm
Forum: EU Settlement Scheme
Topic: EEA Family permit refusal
Replies: 20
Views: 9244
Ireland

I have always thought, those guys at that particular embassy are a few fries short of an happy meal, and my belief has been validated. Incidentally i have had few dealing with them in the past, and i must say it wasn't very pleasant. Best of luck with your appeal. If your partner is with you and you...
by Obie
Thu Nov 26, 2009 11:24 pm
Forum: EU Settlement Scheme
Topic: home office reject my application
Replies: 4
Views: 4554
Ireland

by Obie
Thu Nov 26, 2009 11:07 pm
Forum: EU Settlement Scheme
Topic: EEA Family Permit
Replies: 22
Views: 8619
Ireland

If you are unable to provide proof that you husband's parents are either dependant on you or your husband, then i don't think there is a basis for an appeal. Your only option will be appealing for a Famly UK visitors visa, using national rules, and there is a fee attached to that application. To KKK...
by Obie
Thu Nov 26, 2009 9:21 pm
Forum: EU Settlement Scheme
Topic: EEA Family permit refusal
Replies: 20
Views: 9244
Ireland

So basically they wrote on the refusal, that an unspent conviction precludes a family member from EEA family permit, under Regulation 12(5). This is crazy. Have you filled and sent the AIT 2 form for the appeal. I am sure it will be overturned, and they know it. They are just seeking to wast time, a...
by Obie
Thu Nov 26, 2009 4:05 pm
Forum: EU Settlement Scheme
Topic: EEA Family permit refusal
Replies: 20
Views: 9244
Ireland

Absolutely. Previous conviction only counts, in as far as it shows a pattern of criminal behaviour. Because one's conviction doesn't become spent doesn't mean they pose a threat, utter rubbish. The rules for custodial sentence threshold, before EEA family member can be considered for deportation wer...
by Obie
Thu Nov 26, 2009 3:21 pm
Forum: EU Settlement Scheme
Topic: EEA Family permit refusal
Replies: 20
Views: 9244
Ireland

Firstly the ECO is right and wrong. However i think the law is on your side on this occassion. It is Home Office policy to remove EEA nationals or their family member who have served a custodial sentence of 24 months or more for other offences and 12 month for Sexual, drugs or violent offences, unde...
by Obie
Thu Nov 26, 2009 1:58 pm
Forum: General UK Immigration forum
Topic: PROBATIONARY CITIZENSHIP
Replies: 4
Views: 3145
Ireland

In this consultation(See page 13-14), the UKBA mentioned Ancestry route, in as far as getting public opinion on whether it should be abolished or not. Under their definition of Family Route, Ancestry does not fall into it, and i am confident it doesn't fall under the Tier system either. The family r...
by Obie
Wed Nov 25, 2009 9:37 pm
Forum: EU Settlement Scheme
Topic: home office reject my application
Replies: 4
Views: 4554
Ireland

Continue on this thread You have to write and inform them, that according to Metock Ruling, it does not matter what means you entered the UK through. Such information are not required for the issuance of Resident Card application. You only need your passport, passport or ID card of your EEA sponsor,...
by Obie
Wed Nov 25, 2009 7:46 pm
Forum: EU Settlement Scheme
Topic: home office reject my application
Replies: 4
Views: 4554
Ireland

What type of residency card did you apply for? is it under EU law or national rules.

Family members of EEA nationals are not usually asked to fill method of entry questionnaire.
by Obie
Wed Nov 25, 2009 4:39 pm
Forum: Immigration for family members
Topic: Divorce EEA national - urgent help needed
Replies: 18
Views: 5396
Ireland

[quote=" Policy on Retention of Resident"]


10.“Family member who has retained the right of residenceâ€
by Obie
Wed Nov 25, 2009 1:19 pm
Forum: Immigration for family members
Topic: Divorce EEA national - urgent help needed
Replies: 18
Views: 5396
Ireland

Justin, you seriously should not have applied to the HO for Permanent Resident without first becoming knowledgable as to what the requirements are, or familiarising yourself with the rules. I have heard about 2 successful cases, where a private investigator swore an affidavit that the divorced EEA s...
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