Immigrationboards.com

I will like to raise this POLL to see the opinion of people on this forum regarding the way Home Office will respond to issuing of Residence Card to Applicants if the EU Law were to be Scrapped and the UK NATIONAL LAW use on Non EEA Applying for a Residence Card both In-Country and Out-Country Applications.

Will the Application be a smooth process? Will many in UK be force back to apply from home country and how many will be granted without unreasonable delay?

NATIONAL LAW:
In-country: almost £600 App.
Out-Country: £800 App.
Non eea will be Interview, non eea will be finger print, Proof of Accommodation by eea family, Self Sufficient if your eea family is working with some amount of money to show in savings, if eea family not working and claiming benefit you are not qualify, showing Genuine Marriage with eea spouse, eea Spouse under immigration control for 2yrs, Separation end entitlement of non eea family right to be in UK and the right of the eea family is limited, and many more restrictions.

OR

EU LAW:
Free Application: £0.00
No interview for Non eea, No Finger Print, No proof of accommodation by eea family, no proof of self sufficient if you are working by eea family, eea qualify even if claiming benefits, No requirement to show genuine marriage as the eu law do not allow systematic check on eea families, non eea family is not under immigration country for 5yrs even can claim benefits on their own, Separation does not end entitlement, Divorce does not automatic end entitlement, and non eea acquire all the right of the eea family basically the same as someone holding an EU Passport.

QUESTIONS:
Will you be Happy with the way Home Office will treat you if this is allow? Will the Home Office be friendly to you? Will the Home Office Welcome you with an Open Hand? Will the Home Office Respond to your queries with respect? Will you be happy to be interview for this Application? Valid visa or not Will you be happy to go back to your Home Country to reapply for the application that you can apply for in uk?
Has the Home Office been a friendly Organization to the NON EEA if they are to use the UK National Law on NON EEA for residence Application? And will their Staff and IO be very kind to NON EEA by welcoming them happily to UK?

Will like you to share your views in here and please respond to the POLL.

?!?!?!

Could you please provide a bit of context? Some links to whatever has triggered you to write this poll?

http://www.lawcentreni.org/EoR/immigrat ... tions.html

Read Both Rules Below:



UK Immigration Rules

Application for visa for spouse/civil partner/unmarried partner of UK citizen or person settled in the UK.
1. Financial and age requirements that:
• couple can maintain themselves and dependants;
• genuine relationship;
• adequate accommodation is available;
• neither the applicant nor the spouse/civil partner/unmarried partner in the UK will be under 21 years old on the date of applicant’s arrival in the UK.
2. Applications from outside the UK to UK embassy or consulate where non-EEA spouse/civil partner/unmarried partner lives. Application is made on a VAF4A form. £750 non-refundable fee (rate from 22/11/2010, as are other fees mentioned below). Couple may be interviewed. Can be slow.
If successful, granted 27 months leave to enter the UK with no restriction on working and a condition of no additional recourse to public finds for non-EEA national once in the UK.
3. Applications from within the UK to UKBA. Applicant must have permission to be in the UK for more than six months (except holders of fiancé or proposed civil partner visas). You cannot obtain spouse/civil partner/ unmarried partner visa as overstayer, visitor, asylum seeker. The application is made on Form FLR(M). It costs £500 postal fee, plus a separate fee of £150 for each dependent child, or £800 to have the application dealt with faster via a premium service, plus a separate fee of £200 for each dependent child. Applicants must provide originals of all accompanying evidence. Couple may be interviewed. Can be slow.
If successful, granted 24 months leave to remain in UK, during which time the non-national spouse/civil partner/unmarried partner can take employment, but will be restricted from accessing ‘public funds’.
If unsuccessful, there may be a right of appeal - seek advice immediately.
4. After two years residing in the UK as the spouse/civil partner/partner, one can apply for Indefinite Leave to Remain (‘ILR’) on Form SET(M). Postal fee of £900 plus a separate fee of £250 for each dependent child, or £1,250 to have the application dealt with faster via a premium service, plus a separate fee of £350 for each dependent child. Provide originals of all evidence. Essential to apply before expiry of leave to remain to avoid becoming an overstayer. Must pass Life in the UK Test, and fulfill English language requirements.
5. Children up to the age of eighteen who are not EEA nationals, are not married and are still dependent can apply to accompany their parents under spouse/civil partner/unmarried partner visas. Requirement that the family show sufficient resources to maintain themselves as well as adequate accommodation. No recourse to public funds for non-national children during probationary period.
Note: There are provisions under the Immigration Rules for other dependent family members to apply to enter the UK. These are complicated applications and specialist advice should be sought.
6. Couples who have been married and living together abroad for more than four years, and couples who have been civil partners and living together abroad for more than four years, can apply straightaway for indefinite leave to enter the UK without the 27 month ‘probationary period’ if one of them is a UK citizen or settled in the UK and they travel to the UK together.
7. Relationship breakdown ends entitlement to spouse/civil partner/ unmarried partner status during the 27 month probationary period. Relationship breakdown is irrelevant after ILR granted.
Note: Where a couple separate following domestic violence suffered by the non-national spouse/civil partner, ILR can still be granted. Seek further advice immediately.



EEA Regulations
Application for EEA Family Permit/ Residence card for non EEA spouse/civil partner of EEA with a right to reside in UK under EU law.
1. Requirement that EEA national is residing in accordance with the EEA Regulations.
No financial or accommodation requirements.
Genuine relationship.
2. Applications from outside the UK to UK diplomatic post where non-EEA spouse/civil partner lives. Application is made on a VAF5 form. No fee. Generally an ‘over the counter’ speedy procedure. In some cases, applicants may be interviewed and if so it should be expedited.
If successful, granted six months EEA Family Permit. Once in UK, no restriction on access to public funds and non-EEA spouse/civil partner can take employment.
3. Applications from within the UK on Form EEA 1 and 2 for a registration certificate for the EEA national and a residence card for the non-EEA family member. No fee; no interview; no financial requirements. The principle of direct effect in European law creates an automatic entitlement for eligible immediate family members, therefore the application is for a document confirming already existing status. Must be processed within six months beyond six months are open to challenge as unlawful. The applicant should be issued with a Certificate of Application shortly after lodging forms EEA 1 and 2 with UKBA. This will acknowledge receipt of the application and set out applicant’s rights.
If successful, normally valid for five years during which time no restriction on access to public funds for most applicants. Most non-EEA family members can take employment.
If unsuccessful, there may be a right of appeal – seek advice immediately.
4. After five years in the UK as EEA family member, can apply for a Permanent Residence Card using Form EEA3 or EEA4.
No interview; no financial requirement; no fee.

Must establish that the EEA family member has had an EU law right to reside in the UK for the previous 5 years
5. ‘Family members’ for EEA permits can include:
• children and grand-children up to the age of 21;
• children and grand-children over the age of 21 if they are still dependent;
• dependent parents, grandparents and great grandparents;
• in certain circumstances, other members of the EEA national’s household, or a person who is in a ‘durable relationship’ with an EEA national, or a relative of the EEA national or their spouse/civil partner who, on serious health grounds, strictly requires the personal care of the EEA national or their spouse/civil partner. (These are complex applications – specialist advice should be sought.)
6. Length of marriage or civil partnership isirrelevant.
7. Relationship breakdown does not necessarily end entitlement to EEA residence card.
Spouses/civil partners retain entitlement as a family member if they separate, as long as the marriage or civil partnership has not been dissolved (by decree absolute or final dissolution order). If the marriage or civil partnership broke down because the non-EEA national was the victim of domestic violence, s/he may retain the right of residence even where marriage or civil partnership is dissolved.
Irrelevant after Permanent Residence documents are issued. This is a complicated matter and specialist advice should be sought.
However, separation does end EU right to reside in the UK for people in a ‘durable relationship’ who are neither married nor civil partners.
If the EEA spouse dies, the marriage or civil partnership lasted at least one year, and the non-EEA family member is her/himself a worker or self employed person, the non-EEA family member retains the right to reside in the UK.
Note: There are other circumstances where a non-EEA national retains the right to reside although the marriage/civil partnership is dissolved. In the event of the dissolution of a relationship in these circumstances, you must seek specialist legal advice.

Sorry, maybe I should have been more clear.

Unless I'm missing something, it is obvious that the vast majority of people would want to go via the EU route.

Is there any reason to believe that the EU laws pertaining to non-EEA family members of EEA nationals will be scrapped?....

WHAT A WASTE OF TIME WITH THIS POLE RESULT...

Punjab wrote:WHAT A WASTE OF TIME WITH THIS POLE RESULT...

This is not awaist of time, the Eu route is not scrap, there was a different point of view here with the way HO deal with a Non Eea but a very good mate here said the HO are very good people but to me in terms of EU Law the HO office are harmless that is why they may look Good so i decided to know from this forum from many able and Good Non Eea here on their views if it was better going through the spouse visa a national law were HO are very powerful to the Eea route were they are powerless. If the HO are good people why will you go for 5yrs to get what you can in 2yrs? That was my point of view, i know people here have their own point of view too.

MP walks out on the debate UK should withdraw from EU and if UK eventually withdraws from the EU this topic is what is going to happen to the EEA and their families. Share your view if you are happy UK withdraw from EU click YES and is you are not happy with it click NO.

UK just cant withdraw from the EU, from a trading and markets point of view UK has a massive chance of loosing out. Keeping in Mind the financial markets UK should not withdraw, even if they do they will withdraw from the EU Banking Reulations and the EU Bank interst rates, other than that I dont see them leaving the EU. Keep in mind the only universal traded currency apart from $ is Euro and UK can sway huge m,arket movements

joshuaaubin wrote:MP walks out on the debate UK should withdraw from EU and if UK eventually withdraws from the EU this topic is what is going to happen to the EEA and their families. Share your view if you are happy UK withdraw from EU click YES and is you are not happy with it click NO.

bobobo wrote:UK just cant withdraw from the EU, from a trading and markets point of view UK has a massive chance of loosing out. Keeping in Mind the financial markets UK should not withdraw, even if they do they will withdraw from the EU Banking Reulations and the EU Bank interst rates, other than that I dont see them leaving the EU. Keep in mind the only universal traded currency apart from $ is Euro and UK can sway huge m,arket movements

joshuaaubin wrote:MP walks out on the debate UK should withdraw from EU and if UK eventually withdraws from the EU this topic is what is going to happen to the EEA and their families. Share your view if you are happy UK withdraw from EU click YES and is you are not happy with it click NO.

That is a very good point bobobo, again I heard that the PM and Home Secretary want to change the Human right law, But to me I think if a party like the Tories now decided to change this kind of law in uk, why are they preaching the same human right law in middle east and Africa? Law is Law, no one can abuse Law if the Law is not their to protect them that is why we have Law. If not for the Law the Government will deal with you the way they want just like in those country they are preaching the human right law to accept. I read today that the PM have to apologies to the woman MP the way he talk to her, this was because of the human right law if not that will never happen.
No one can Abuse a Law, they are not the Judge, if the Judge decided that they don’t have the right, the Judge will charge them. The Law works in both ways, Good for some, Bad for some.

The UK is already in breach of Article 5 of directive 2004/38, as not recognizing other EU resident permits as travel visas. I have an ongoing complaint with the HO on this issue and a petition with the European Parliment. As someone who is excercising rights in another member state, we have been refused any clarification of EU rights concerning travel without without an EEA Family Permit.