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by mkhan2525
Fri Mar 22, 2019 8:48 pm
Forum: EU Settlement Scheme
Topic: Brexit Cancelled, What next for Settled (ILR) and Pre-Settled Status
Replies: 28
Views: 2907

Re: Brexit Cancelled, What next for Settled (ILR) and Pre-Settled Status

It will depend very much on the form of brexit we have. If we get a soft Brexit where UK retains access to the single market then free movement continues and applications will have to assessed on the basis of exercising a treaty rights as opposed to just residence under the EU settlement scheme. Nor...
by mkhan2525
Fri Mar 01, 2019 9:26 pm
Forum: British Citizenship
Topic: Is the UK right to adopt 2 tier citizenship system
Replies: 18
Views: 2965

Re: Is the UK right to adopt 2 tier citizenship system

This will undoubtedly effect British Citizens of Pakistani origin. Pakistan law states children born to Pakistan parents irrespective of which country they are born are Pakistani nationals from birth. Many of us also have overseas Nadra ID cards which allows us visa free entry to Pakistan and in eff...
by mkhan2525
Sat Feb 23, 2019 6:27 pm
Forum: EU Settlement Scheme
Topic: Surinder sing Eind PR - Appeals
Replies: 3
Views: 432

Re: Surinder sing Eind PR - Appeals

The HO view is that Eind is still a relevent factor however BC must still exercise a treaty right in order for the Directive to apply by anology. I can confirm that the Home Office does not hold any recorded information about any decision to reverse any previous approach relating to the Eind judgmen...
by mkhan2525
Sun Feb 17, 2019 3:27 pm
Forum: EU Settlement Scheme
Topic: Three questions about the EEA route after Brexit
Replies: 6
Views: 1112

Re: Three questions about the EEA route after Brexit

My understanding is that, if the Withdrawal agreement is passed then British Citizens can still move to EU after Brexit on 29th March and return by the end of transition period of 31st December 2020 in order for their non-EU family members to be eligible to apply under the EU settlement scheme. That...
by mkhan2525
Wed Feb 06, 2019 10:07 pm
Forum: EU Settlement Scheme
Topic: EEA (PR) refused - Surinder Singh
Replies: 5
Views: 1272

Re: EEA (PR) refused - Surinder Singh

The EU settlement scheme will also cover SS cases.

As it is looking very likely we will not be staying in the EU, it is open to you make an application for settled status.
by mkhan2525
Fri Feb 01, 2019 6:27 pm
Forum: EU Settlement Scheme
Topic: EEA (PR) refused - Surinder Singh
Replies: 5
Views: 1272

Re: EEA (PR) refused - Surinder Singh

You have three options: 1. Apply again and provide the information of BC activities from 2016 onwards. 2. Appeal the decision and provide the information on appeal and challenge the decision based on Eind judgment (outcome uncertain). 3. The EU settlement scheme is now open to the public and doesn't...
by mkhan2525
Sun Jan 13, 2019 4:02 pm
Forum: EU Settlement Scheme
Topic: Apply for PR or wait for brexit? - Under Surinder Singh
Replies: 6
Views: 676

Re: Apply for PR or wait for brexit? - Under Surinder Singh

By the time you accrue 5 years in June 2019, Settled Status will be in place - and presumably PR will be phased out. So your only option will be to apply for Settled Status anyway. The way the events are heading in parliament at the moment, I wouldn't be so sure the settled status scheme will becom...
by mkhan2525
Sat Dec 22, 2018 2:25 pm
Forum: EU Settlement Scheme
Topic: EU SETTLEMENT SCHEME AND FAMILY MEMBERS OF BRITS (SURINDER SINGH)
Replies: 49
Views: 7801

Re: EU SETTLEMENT SCHEME AND FAMILY MEMBERS OF BRITS (SURINDER SINGH)

The statement of changes to the immigration rules posted on the gov website on 11th October 2018 implemented the Surinder Singh route into Appendix EU. However it looks unlikely they would be able to apply for status until the EU settlement scheme is fully open. https://www.gov.uk/government/publica...
by mkhan2525
Fri Sep 14, 2018 4:39 pm
Forum: General UK Immigration forum
Topic: Unlawful Boarding denial by Ryaniar ( Compensation)
Replies: 13
Views: 1606

Re: Unlawful Boarding denial by Ryaniar ( Compensation)

Unbelievably, the UK visa requirements: list for carriers and IATA ’s visa advice seem to have omitted the UK B R P ?! IATA still recognise EU and UK residence cards are valid for travel to the UK in an anouncement posted on their website in August. It remains a mystery why they have removed it fro...
by mkhan2525
Wed Aug 08, 2018 6:31 pm
Forum: EU Settlement Scheme
Topic: EU Withdrawal Agreement - Surinder Singh:
Replies: 93
Views: 5406

Re: Surinder Singh help please *

As far as I know FTT still considers Eind to be good law. One of the reasons my wifes application for RC was refused because I wasn't a qualified person on return to the UK even though I provided evidence. The judge noted that even though I was in employment, I didn't need to according to Eind and U...
by mkhan2525
Thu Aug 02, 2018 9:22 pm
Forum: EU Settlement Scheme
Topic: Surinder Singh PR refusal appeal results
Replies: 24
Views: 6087

Re: Surinder Singh PR refusal appeal results

It is would be interesting if people can report whether they have recently gained PR through SS route. We have had about 3 updated PR forms this year and none of them appear to ask for evidence of BC actvities in the UK contrary to the Regulations.
by mkhan2525
Mon Jul 23, 2018 8:10 pm
Forum: EU Settlement Scheme
Topic: email from courier (DX) before PR delivery?
Replies: 23
Views: 2279

Re: PR card courier has not arrived!

HO may no longer use DX services to deliver residence cards. We recently received Mrs residence card and it was delivered by a green van (possibly Yodel). By the time Mrs got to the door to sign for it the guy was already leaving and posted it through our letter box without a signature. I would hate...
by mkhan2525
Sat Jun 23, 2018 1:42 pm
Forum: EU Settlement Scheme
Topic: EU Withdrawal Agreement - Surinder Singh:
Replies: 93
Views: 5406

Re: Qualified Person EEA under SS

You will need to apply under the settled status scheme which will be up and running from April 2019. According to the details of the scheme plublished this week, there will be no need to prove BC was a qualified person after their return to the UK. However proof of 5 years residence in the UK will n...
by mkhan2525
Wed Jun 13, 2018 8:14 pm
Forum: EU Settlement Scheme
Topic: Waiting time after my appeal allowed
Replies: 4
Views: 4806

Re: Waiting time after my appeal allowed

They are issued within 90 days.
by mkhan2525
Tue Jun 12, 2018 9:44 pm
Forum: EU Settlement Scheme
Topic: British married to Brazilian
Replies: 9
Views: 1220

Re: British married to Brazilian

Without children you will struggle to succeed on FLR FP 10 year route unless there are compelling reasons why you cannot live with your spouse in Brazil. You have two options, either apply for a new spouse visa from Brazil or take the SS route. The latter will be around at least until the end of the...
by mkhan2525
Fri May 11, 2018 2:15 pm
Forum: EU Settlement Scheme
Topic: UK residence card refused!
Replies: 72
Views: 10201

Re: UK residence card refused!

HO are now refusing all applications if there is previous immigration history or where the applicant could have applied under UK immigration rules regardless of how long they resided in anoher member state. My wife received a refusal 3 months ago on the basis of circumvention because of a refusal u...
by mkhan2525
Fri May 04, 2018 9:04 pm
Forum: EU Settlement Scheme
Topic: EEA2 2017(CENTRE OF TEST AND GENUINE RESIDENCE TEST)
Replies: 26
Views: 2410

Re: EEA2 2017(CENTRE OF TEST AND GENUINE RESIDENCE TEST)

If you resided in another Member State with your non-EEA national family member for at least 3 months, you may succeed on an Appeal to UTT on the basis of this recent case.

https://tribunalsdecisions.service.gov. ... 05957-2017
by mkhan2525
Fri May 04, 2018 8:18 pm
Forum: EU Settlement Scheme
Topic: Surinder Singh PR refusal appeal results
Replies: 24
Views: 6087

Re: Surinder Singh PR refusal appeal results

I believe the Upper Tribunal still holds Eind to be good law. In an unreported case which was heard after the ammendment to Regulation 9, the Tribunal recognised there was no need for the BC sponsor to demonstrate they were a qualified person on return to the UK. https://tribunalsdecisions.service.g...
by mkhan2525
Wed May 02, 2018 2:46 pm
Forum: Referendum-News and Developments
Topic: Is May's 'Hostile Environment Reminiscent Of Nazi Germany
Replies: 104
Views: 35558

Re: Is May's 'Hostile Environment Reminiscent Of Nazi Germany

The Home Office has lost the plot and are now targetting British Citizens who were born in the UK. This is very worrying.

Briton who has never left the UK is ordered to move to Uganda by bungling Home Office bosses - despite being born in SHREWSBURY
by mkhan2525
Mon Apr 30, 2018 6:26 pm
Forum: Referendum-News and Developments
Topic: Is May's 'Hostile Environment Reminiscent Of Nazi Germany
Replies: 104
Views: 35558

Re: Is May's 'Hostile Environment Reminiscent Of Nazi Germany

Isn't it right to say that Rudd was used as a pawn to enact TM's inhumane immigration policies.

Now that we have a new Home Secretary, I don't see any major change with the treatment of immigrants when the master mind behind the policies continues to reside at no.10.
by mkhan2525
Fri Apr 27, 2018 5:16 pm
Forum: EU Settlement Scheme
Topic: Refused RC application- British spouse no payslip submitted
Replies: 8
Views: 716

Re: Refused RC application- British spouse no payslip submitted

Have you read the Home Office Guidance? Free Movement Rights: family members of British Citizens You will need provide evidence that your BC sponsor was exercising treaty rights in the UK since 25th November 2016 when this requirement came into force. You can prove this through work, self-employment...
by mkhan2525
Fri Apr 20, 2018 3:28 pm
Forum: EU Settlement Scheme
Topic: EEA2 2017(CENTRE OF TEST AND GENUINE RESIDENCE TEST)
Replies: 26
Views: 2410

Re: EEA2 2017(CENTRE OF TEST AND GENUINE RESIDENCE TEST)

How did the judge reach the conclusion that you circumvented UK immigration law and were you represented?

Did you or your representative mention the case of Akrich?
by mkhan2525
Wed Apr 11, 2018 1:58 pm
Forum: EU Settlement Scheme
Topic: SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW
Replies: 376
Views: 93191

Re: SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW

Whilst an unmarried partner may succeed under the Singh Judgment it is a big fat no for other family members. I am not sure how or where you deduced the Big Fat no from. The totally goes against the whole logic of the Opinion. The AJ states that the UK position that Surinder Singh applies to Family...
by mkhan2525
Tue Apr 10, 2018 5:52 pm
Forum: EU Settlement Scheme
Topic: SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW
Replies: 376
Views: 93191

Re: SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW

The advocate opinion is esentially saying that extended family members should be treated more favourably than those entering a Member State under its domestic Immigrations rules but by no means should residency rights be guaranteed. Whilst an unmarried partner may succeed under the Singh Judgment it...
by mkhan2525
Sat Mar 10, 2018 4:42 pm
Forum: EU Settlement Scheme
Topic: UK residence card refused!
Replies: 72
Views: 10201

Re: UK residence card refused!

Does anyone in this situation have children? My wife lost her appeal because our residence wasnt genuine because i didnt play sports, returned to the same house i lived before and because the job i did wasnt to my skill level. Wonder if it will affect us when we make a human rights application. We ...
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