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new regulations and circumventing immigration rules

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

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

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rahmsye
Junior Member
Posts: 60
Joined: Wed Oct 14, 2015 5:20 pm
United Kingdom

new regulations and circumventing immigration rules

Post by rahmsye » Mon May 15, 2017 6:58 pm

Hi BC and wife non eea, did the SS route applied for fp got one and then applied for RC on nov 27th twodays after new regulations came into force.I was not aware of the new regulations so sent doc as was needed according to website at the time. Only after discovering new changes about march april time I sent additional doc i.e QP in uk so work contract I also sent in cover letter explaining that i was not aware as nothing was updated on the website and sent in screenshot as well. I also mentioned the fact we made two family visit visa whiee I was UK and my wife was abroad not settle but to see family and for graduation.

We got married in the uk when she was a student on tier 4 visa. I also mentioned that we intended to move to Ireland instead of living in the UK and only came back as we lost our child whilst in Ireland (premature). Also to add they rejected the the two family visit visa first because she did not provide job details in her home country and second because she forgot to mention that she was refused a visa which was the first visa attempt.

My Questions are:
1. would they still follow the new regulations despite the fact all the documentarians on the website stated otherwise and followed there exact requirement
2. How can they prove that I circumvent immigration rules when I had no intention of settling in the UK we didnt even go back to living at the same address I quit everything job house being rented
3. If rejected do I appeal and if so would it be successful if they reject on circumvention but again this goes back to first question how can they justify this

zazii
Newbie
Posts: 37
Joined: Mon May 01, 2017 9:58 am

Re: new regulations and circumventing immigration rules

Post by zazii » Mon May 15, 2017 10:14 pm

exactly the same situation. but i applied in march and i did not know that the british citizen has to be worker in uk. and there was not any information in website or in the application form

secret.simon
Moderator
Posts: 11258
Joined: Thu Feb 21, 2013 9:29 pm

Re: new regulations and circumventing immigration rules

Post by secret.simon » Mon May 15, 2017 10:50 pm

Ignorantia juris non excusat - Ignorance of the law is no excuse.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

rahmsye
Junior Member
Posts: 60
Joined: Wed Oct 14, 2015 5:20 pm
United Kingdom

Re: new regulations and circumventing immigration rules

Post by rahmsye » Mon May 15, 2017 10:56 pm

secret.simon wrote:Ignorantia juris non excusat - Ignorance of the law is no excuse.
Againi am not feigning ignorance nor is my questions related to that. I am simply asking if they would still apply new regulation due to the fact they did not publish it and also to the fact that their own website said otherwise. Moreover, I am asking how they can prove the circumvention of immigration rules if I did not attempt to settle in the UK.

secret.simon
Moderator
Posts: 11258
Joined: Thu Feb 21, 2013 9:29 pm

Re: new regulations and circumventing immigration rules

Post by secret.simon » Mon May 15, 2017 11:06 pm

rahmsye wrote:Againi am not feigning ignorance nor is my questions related to that. I am simply asking if they would still apply new regulation due to the fact they did not publish it and also to the fact that their own website said otherwise. Moreover, I am asking how they can prove the circumvention of immigration rules if I did not attempt to settle in the UK.
Apologies, I was responding to the post immediately preceding mine.

As regards your case, the EEA Regulations 2016 was specifically written so as to bring the new rules as regards SS applications into force immediately. Indeed, it made provision that any SS application made but not decided when the new Regulations were issued would be decided under the new Regulations. So applications made months before the new Regulations came out were decided under the new, tougher Regulations.

There is a thread about whether the new EEA Regulations are in violation of EU law themselves.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

rahmsye
Junior Member
Posts: 60
Joined: Wed Oct 14, 2015 5:20 pm
United Kingdom

Re: new regulations and circumventing immigration rules

Post by rahmsye » Tue May 16, 2017 12:01 am

secret.simon wrote:
rahmsye wrote:Againi am not feigning ignorance nor is my questions related to that. I am simply asking if they would still apply new regulation due to the fact they did not publish it and also to the fact that their own website said otherwise. Moreover, I am asking how they can prove the circumvention of immigration rules if I did not attempt to settle in the UK.
Apologies, I was responding to the post immediately preceding mine.

As regards your case, the EEA Regulations 2016 was specifically written so as to bring the new rules as regards SS applications into force immediately. Indeed, it made provision that any SS application made but not decided when the new Regulations were issued would be decided under the new Regulations. So applications made months before the new Regulations came out were decided under the new, tougher Regulations.

There is a thread about whether the new EEA Regulations are in violation of EU law themselves.
Hi my deep apologies sorry this whole mess is making me lose it. Thank you for replying back to me, was not sure what was going on under the new regulations. At least I know now there people who have been accepted under the new regulations rather that just rejected.

And to anyone that has not been aware of the new rules I suggest sending in your new evidence in regards tothe new regulayions before desision is made and make them aware it was a simple mistake. ]]Again thank you very much Simon

rahmsye
Junior Member
Posts: 60
Joined: Wed Oct 14, 2015 5:20 pm
United Kingdom

Re: new regulations and circumventing immigration rules

Post by rahmsye » Tue May 16, 2017 11:08 am

Can anyone give me advice on circumvention of immigration rules?

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