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divorced EEA4 application with dependant

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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

Obie
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Post by Obie » Thu Dec 02, 2010 11:15 pm

It is essential for Regulations 15 purpose, that evidence is provided, covering the period commencing from the time the EEA national was a family member up to the time they retain their right of residence, and subsequently accrue 5 years of residence.

Failure to provide evidence covering the time the person was a family member of an EEA national, will leave the application liable to rejection on ground that evidence was not provided covering 5 years of residence in accordance with the Regulations.
Smooth seas do not make skilful sailors

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toni34
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Post by toni34 » Sun Dec 12, 2010 5:43 pm

if you know what is good for you don add your some case with yours,it will showthat your case is fraudulent,just get you pr then later get your british passport,if possible then you can apply for your son
NON EU national with RC

noble72uk
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Post by noble72uk » Tue Dec 14, 2010 1:20 pm

Hi Folks


Just an update regarding my application without Solicitor


Applied for EEA4, I have got my documents back with the PR on Saturday 11/12/2010

Application for EEA4 and EEA3: 20/07/2010.
COA Received on: ../ 08/2010.
Called home office they said it’s on the Final Stage: 06/12/2010
Checked post office system, dispatched on the 07/12/2010
Collected my documents on Saturday 11/12/2010
The residence was granted and stamped on the 19/11/2010.

So the duration to get the residence was 3 months and 29 days, very good.

UKBA are dealing faster these days, I hope that the duration will be more faster in the future.

Next step is BC in April


For those who are still waiting:

I wish you all to get your documents with a positive response very soon before New Year.

Guys just keep chasing and never give –up.

Good luck to you all

michelinha
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PR applying for BC can I include my son? please help

Post by michelinha » Mon Sep 17, 2012 9:49 am

Hi, ya

Please can anyone help me with this. Im PR (permanent residence) holder more than 2 years.

My son only has a RC residency card as EEA dependant for 5 years. It has past 3 years already.

Now im applying for my BC and I d like to include him in my application, is that possible?

Is he eligible for BC too? please let me know.

thanks

noble72uk
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Re: PR applying for BC can I include my son? please help

Post by noble72uk » Mon Sep 17, 2012 1:36 pm

michelinha wrote:Hi, ya

Please can anyone help me with this. Im PR (permanent residence) holder more than 2 years.

My son only has a RC residency card as EEA dependant for 5 years. It has past 3 years already.

Now im applying for my BC and I d like to include him in my application, is that possible?

Is he eligible for BC too? please let me know.

thanks
Did you check here Children

http://www.immigrationboards.com/viewtopic.php?t=95747

michelinha
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Re: PR applying for BC can I include my son? please help

Post by michelinha » Mon Sep 17, 2012 1:41 pm

noble72uk wrote:
michelinha wrote:Hi, ya

Please can anyone help me with this. Im PR (permanent residence) holder more than 2 years.

My son only has a RC residency card as EEA dependant for 5 years. It has past 3 years already.

Now im applying for my BC and I d like to include him in my application, is that possible?

Is he eligible for BC too? please let me know.

thanks
Did you check here Children

http://www.immigrationboards.com/viewtopic.php?t=95747


Yes I have. And only says ILR doesnt say anything about PR as you know the rules are diferent from UK and EEA nationals.

bobobo
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Re: PR applying for BC can I include my son? please help

Post by bobobo » Mon Sep 17, 2012 2:54 pm

ILR and PR mean the same, you just get them vai different routes.
michelinha wrote:
noble72uk wrote:
michelinha wrote:Hi, ya

Please can anyone help me with this. Im PR (permanent residence) holder more than 2 years.

My son only has a RC residency card as EEA dependant for 5 years. It has past 3 years already.

Now im applying for my BC and I d like to include him in my application, is that possible?

Is he eligible for BC too? please let me know.

thanks
Did you check here Children

http://www.immigrationboards.com/viewtopic.php?t=95747


Yes I have. And only says ILR doesnt say anything about PR as you know the rules are diferent from UK and EEA nationals.

michelinha
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Re: PR applying for BC can I include my son? please help

Post by michelinha » Tue Sep 18, 2012 4:52 pm

Ok thanks for that. But I dont need to wait 3 or 5 years as long I ve got PR he will be eligible for BC too?

thanks.







bobobo wrote:ILR and PR mean the same, you just get them vai different routes.
michelinha wrote:
noble72uk wrote:
michelinha wrote:Hi, ya

Please can anyone help me with this. Im PR (permanent residence) holder more than 2 years.

My son only has a RC residency card as EEA dependant for 5 years. It has past 3 years already.

Now im applying for my BC and I d like to include him in my application, is that possible?

Is he eligible for BC too? please let me know.

thanks
Did you check here Children

http://www.immigrationboards.com/viewtopic.php?t=95747


Yes I have. And only says ILR doesnt say anything about PR as you know the rules are diferent from UK and EEA nationals.

Jambo
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Post by Jambo » Tue Sep 18, 2012 6:55 pm

Just read Q1 & Q2 in the children FAQ section. It is quite clear I think.

michelinha
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HELP NCS WONT ACCEPT MY APPLICATION BECAUSE MY SON IS ABROAD

Post by michelinha » Fri Apr 26, 2013 8:12 pm

Hi everyone,

Today 26/04 I had an appointment with NCS and my AN application was ok. And so was my son, but is abroad at the moment, so she wasnt sure.
My son is 6 years old moved to UK when he was 2 years and 10 months old.

He has a EEA family member visa for 5 years and I have a PR.
He is just abroad because I needed an emergency surgery in my eye Im not fully recorvered and will need another 2 surgery so he is staying with his grandparents until Im OK.
He s only gone for 3 months after more than 3 years in the UK.

Now she s gonna call me back on monday 29/04 to let me now if they will accept both applications or not.
Please anyone could help wih information that is correct if my son is abroad he cant be granted BC?

Thanks a lot.

vinny
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Post by vinny » Sun Apr 28, 2013 12:15 am

It's subject to discretion > 9.17.5, etc., (3(1)).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

michelinha
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Post by michelinha » Sun Apr 28, 2013 8:08 am

vinny wrote:It's subject to discretion > 9.17.5, etc., (3(1)).
Thank you for replay.
When the NCS officer told she wasnt sure, she left the room and called the Home Office to ask and someone told her NO, my son couldnt apply for being abroad.
In that very moment I showed her this National Instructions on my mobile phone and she was like I dont care someone on the phone just told your application will refused.

I couldnt beliebe, the NCS officer told in 3 years she never applied for registration of a child abroad.

My son meet all the requirements on 9.17


Please can you clarify this paragraph


9.17.6 If:
• the minor is abroad on the date of application; and
• the minor has been included in a parent's or someone else's application for registration or naturalisation; and
• the application form has been sent direct to the Home Office,

the minor’s application cannot be regarded as valid under the terms of the British Nationality (General) Regulations 1982 (or the British Nationality (General) Regulations 2003, as appropriate).

Also my son will be the only one left out because, Im about to become a british citizen, Im marrying a british citizen on May 9th 2013 we re already have a british daughter.
I have lieved here for 11years, and my son is 6 yers has been in UK for 3years and 2 months.

Please advise. thanks

Jambo
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Post by Jambo » Sun Apr 28, 2013 9:59 am

9.17.6 is not relevant any more as the receiving authority (meaning an application abroad can not be made directly to the HO in the UK) has changed last July.

I suggest you make it clear in the application that the child is temporary abroad and will return within 6 months. I would suggest you refer to the CW instructions.

nsrisri
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Post by nsrisri » Sun Apr 28, 2013 3:57 pm

Hi
They dint ask my daughter's passport when I have applied for my daughter.I took the passport to NCS but they dint ask and I also dint show

Jambo
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Post by Jambo » Sun Apr 28, 2013 5:46 pm

nsrisri wrote:Hi
They dint ask my daughter's passport when I have applied for my daughter.I took the passport to NCS but they dint ask and I also dint show
I believe your child was born in the UK which is different to the OP whose child was born abroad.

michelinha
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Post by michelinha » Sun Apr 28, 2013 9:26 pm

Jambo wrote:
nsrisri wrote:Hi
They dint ask my daughter's passport when I have applied for my daughter.I took the passport to NCS but they dint ask and I also dint show
I believe your child was born in the UK which is different to the OP whose child was born abroad.
Ok thanks Jambo I will right a letter explaining that my son is abroad and will come back soon.

Also print out the National Guide and attach to my application. If the NCS officer let me.
Im so desappointed, her atitude was extremelly bad, just because she hasnt seen a case like mine she said my son would be refused. Even me have more knowledge about immigration that her.

michelinha
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MN1 refused due to my son being abroad.How can I get his BC?

Post by michelinha » Tue Sep 02, 2014 8:09 pm

Hi guys, my son(7 years old) has being refused MN1.

He's been in UK since 2009 as EEA family member RC, but by the time of the MN1 he was abroad.

At the same of his application I (mother) was granted BC.

Does anyone know what do I have to do to get his BC too, please?

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Re: MN1 refused due to my son being abroad.How can I get his

Post by Amber » Tue Sep 02, 2014 10:37 pm

An application under 3(1) will be refused if a child isn't present in the UK.

Is the child back now? Ask for a reconsideration (£80).
**this forum is not intended to be a substitute for professional advice**
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michelinha
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Renew my son's RC which form should I use, Please?

Post by michelinha » Tue Nov 03, 2015 11:24 pm

Hi everybody,

After my son been refused British citizenship on grounds os not being in the country. I am now renewing his Residential Card, but I'm not to sure which form should I use. Does anyone know?

please please please?

noajthan
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Re: Renew my son's RC which form should I use, Please?

Post by noajthan » Wed Nov 04, 2015 12:16 am

michelinha wrote:Hi everybody,

After my son been refused British citizenship on grounds os not being in the country. I am now renewing his Residential Card, but I'm not to sure which form should I use. Does anyone know?

please please please?
What is your nationality (now) & your son's nationality and where is your son?
All that is gold does not glitter; Not all those who wander are lost. E&OE.

michelinha
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Re: Renew my son's RC which form should I use, Please?

Post by michelinha » Wed Nov 04, 2015 4:32 pm

Now I am British. But also have PR.

michelinha
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Re: Renew my son's RC which form should I use, Please?

Post by michelinha » Wed Nov 04, 2015 4:35 pm

My son is Brazilian with RC of 5 years. Which is running out now in November.

Wont be able to apply to PR because my son was out of the country for more than a year.

At the moment, he is back in UK for good.

noajthan
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Re: Renew my son's RC which form should I use, Please?

Post by noajthan » Wed Nov 04, 2015 11:17 pm

michelinha wrote:My son is Brazilian with RC of 5 years. Which is running out now in November.

Wont be able to apply to PR because my son was out of the country for more than a year.

At the moment, he is back in UK for good.
If you are naturalised you will not (in most cases) be considered an EEA national anymore.

I do not think you can sponsor a dependent under EU rules anymore unless you are back in UK after following a Surinder Singh route via another EU country.

There is a transitional arrangement based on (original) McCarthy but it may not apply if continuity of residence in UK has been broken by a prolonged absence. And it may only apply to spouses.
You will need to dig into this case a little deeper.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

vinny
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Re: Renew my son's RC which form should I use, Please?

Post by vinny » Thu Nov 05, 2015 12:43 am

The OP was never an EEA national, before her naturalisation, to begin with. As I understand it, she, and her son, retained the right of residence after her divorce from the EEA national.

However, as she had her son prior to her divorce, then her son may be considered as her ex husband's too, with rights to his nationality. Do recheck.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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