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Should I go for appeal or wait for the New Residence permit rule come into effect?

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

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tapash
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Posts: 75
Joined: Fri Jul 17, 2009 6:27 pm

Should I go for appeal or wait for the New Residence permit rule come into effect?

Post by tapash » Fri Jan 05, 2018 12:44 pm

My wife's EEA PR application was rejected and we have received a date in March 2018 to appear in the court for appeal application.

I recently read from the Homeoffice newsletter that they will make a simplified process for those who has been living in UK for 5 years, and would receive PR. Can anyone clarify this please? When this would be come into effect?

Should I go for appeal or wait for the New Residence permit rule come into effect?

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alterhase58
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Joined: Fri Aug 26, 2016 12:02 am
Location: UK Bucks
Germany

Re: Should I go for appeal or wait for the New Residence permit rule come into effect?

Post by alterhase58 » Fri Jan 05, 2018 1:24 pm

None of what has been published following the negotiations so far has been enacted into law, and cannot be applied before the UK leaves the EU (29 March 2019, expected subject to transition period). Also there hasn't bee a new draft Immigration Act issued. Whilst I can't comment on your case I guess you cannot plan on the basis of new rules where we don't know yet how they will be worded in law.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

tapash
Junior Member
Posts: 75
Joined: Fri Jul 17, 2009 6:27 pm

Re: Should I go for appeal or wait for the New Residence permit rule come into effect?

Post by tapash » Wed Jan 24, 2018 10:59 am

thanks

Richard W
- thin ice -
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Location: Stevenage
England

Re: Should I go for appeal or wait for the New Residence permit rule come into effect?

Post by Richard W » Wed Jan 24, 2018 9:24 pm

alterhase58 wrote:
Fri Jan 05, 2018 1:24 pm
None of what has been published following the negotiations so far has been enacted into law, and cannot be applied before the UK leaves the EU (29 March 2019, expected subject to transition period).
Wrong. There is nothing to prohibit the UK government from granting leave to remain to someone who has a right of residence under EEA law. (It would be ineffective if the person had the right of abode.) The new system of granting leave is intended to come into operation later this year.

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