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Immigration to European countries, don't post UK or Ireland related topics!

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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daddykennolly
Newly Registered
Posts: 2
Joined: Sat Jul 16, 2011 10:30 pm

SHOW SHOW

Post by daddykennolly » Mon Jul 18, 2011 8:49 pm

HELLO
I AM NON EU ANG MY FAMILY IS EU MEMBER POLAND WE BUT LEAVE IN UK IN THE SAME WE HAVE ONE SON GETTING MARRY VERY SOON I APPLY FOR RESIDENT CARD AND THE HOME OFFICE KEEP REFUSING BECAUSE I DID NOT SUMITE WITH MY PASSPORT AND MY PASSPORT IS AT THE DALLAS COURT REPORTING CENTRE THE IMMIGRATION TAKE MY PASSPORT 2009 WHEN THEY CAME TO MY UNCLE HOUSE THEM I TRY TO DO NEW DUE TO THE NEW LAW IN NIGERIA EMBASSEY I CAN NOT DO NEW PASSPORT MY SOLICITOR PUT IT IN WRITING WITH MY APPLICATION AND THE HOME OFFICE SAY MY PASSPORT IS NOT AT THERE OFFICE THE DALLAS COURT TELL MY UNCLE TO WRITE THEM SO THEY CAN CHECK ALL THEIR FILE AND I REPORT MYSELF EVERY MONTH NOW I DO JUST KNOWN WHAT TO DO PLEASE TELL ME WHAT IS THE BEST TO DO PLEASE...THANKS

ca.funke
Moderator
Posts: 1414
Joined: Sun Feb 10, 2008 11:05 am
Location: Zürich, CH (Schengen)
Belgium

Re: SHOW SHOW

Post by ca.funke » Mon Jul 18, 2011 10:14 pm

Hi daddykennolly,

some people (definitely me) may not even read your post, since ALL CAPITALS IS SO EXHAUSTING TO READ.

http://www.immigrationboards.com/viewtopic.php?t=75081

Hoping to read your post some time soon,
Rgds, Christian

daddykennolly
Newly Registered
Posts: 2
Joined: Sat Jul 16, 2011 10:30 pm

Re: SHOW SHOW

Post by daddykennolly » Wed Aug 10, 2011 1:21 am

Dear everyone
how are you doing over there i hope this letter get to you in good health? i am non-eu i apply to home office under eea2 as living together home get to and said they granted my application but i can not work and do business now myself and my partner is now marry and i has send my marry certificate to the home office and them has already send me letter of certifiace that i can not work or do business that they will get back to me in next 6 month and now that they have write me at there office before i send them my marry certificate please tell me what to do about this because the home office said on the letter that i should not call till the 6 month and i want to work what will i do in this case please advice of what to do i am tire i don't just known what to do.it will be of great favour if my request is granted.
kindly regard
kennolly

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Wed Aug 10, 2011 10:24 am

It is very difficult to read your posts. The English language has punctuation for a very good reason!

As I understand it you are married to a Polish woman. She is in the UK? She is exercising Treaty Rights in the UK? How? Employed? Self-employed? A student? Or how?

In your first post you refer to "Dallas Court" and say your passport is there. Dallas in the USA? You are in the UK now? How, if your passport is held in the USA? Don't understand.
John

ca.funke
Moderator
Posts: 1414
Joined: Sun Feb 10, 2008 11:05 am
Location: Zürich, CH (Schengen)
Belgium

Re: SHOW SHOW

Post by ca.funke » Wed Aug 10, 2011 11:43 am

Hi daddykennolly,

no clue if you read >>this<<, however I can assure you: if you do not read it AND follow what´s written there, the answers you will get won´t be very helpful.

Again, hoping to be able to read your post some time soon,
Rgds, Christian

mastermind
Member
Posts: 152
Joined: Thu Nov 01, 2007 3:46 am

Post by mastermind » Sat Aug 13, 2011 6:28 pm

Read this EC's guide: http://ec.europa.eu/justice/policies/ci ... _ec_en.pdf
Most likely you have a right to work regardless of what HO tells you or when and what papers they give you.
Page 13:
The right to reside in another Member State is your fundamental
and personal right and is conferred directly on you by the
Treaty establishing the European Community.
The right is therefore not dependent upon your having fulfilled
administrative procedures.


This basically means that once you meet the conditions, you have
the right to reside from that moment and your right is not given to
you by a decision of the host Member State. The documents you or
your family members might be issued with by the host Member
State merely acknowledge that you have the right
… so if you fail to
register or your family member's residence card expires; you still
have the right to reside if you still meet the conditions, and your
residence cannot be terminated due to this administrative problem

but you may be subject to a proportionate and non-discriminatory
sanction for your failure to observe the national rules.
Even HO does not seem to disagree with this:
http://www.ukba.homeoffice.gov.uk/eucit ... ts-family/
Do you need to apply?
You do not need to obtain documents confirming your right of residence in the UK if you are a family member of an EEA national.
However, you may be inconvenienced if you do not obtain this confirmation, as:
  • you may have difficulty proving that you are lawfully resident in the UK;
  • if you leave the UK, you will usually need to obtain an EEA family permit before returning here, in order to guarantee readmission as the family member of a qualified EEA national; and
  • you may find it difficult to obtain or change employment.

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