Ok, got it. Thanks. So, the 28 day rule here is essentially irrelevant since the bank statements have to end on precisely the date of application anyway? Some banks, unforunately only issue official statements by post, and won't issue any in branch, but that's not a major issue, and as far as I'm aw...
Ok, so would I be correct in saying that this would mean, in effect, that the applicant would need to obtain a bank statement ending ON the date of application? They would presumably have to order this bank statement from their bank ON the date of application, submit the application, then wait a few...
Thanks Seagull Are you saying that essentially, the date of the final bank statement is treated as if it were the date of application? (providing it is no older than 28 days before the application date). This would make sense. This would mean that the specified evidence can actually cover less than ...
Date of Application = 1 Dec
Period of 6 months prior to this date begins on 1 June
Therefore, bank statements need to be dated from at least from 1 June and no earlier than 30 Nov. (correction)?
Could someone give a definitive answer on the actual meaning and/or interpretation of the following paragraph from Appendix FM-SE of the immigration rules? 11. In respect of cash savings the following must be provided: (a) Personal bank statements showing that at least the level of cash savings reli...
Dear all, A British Citizen (BC) resides in the UK (Northern Ireland) with their non-EU spouse after having completed the SS in a host state: a) The BC is self-sufficient through their pension. b) They have a child who was born in the UK shortly after their arrival (unsure if this point is relevant)...
My wife has just withdrawn her EEA(FM) application. We are leaving the UK to go back to Asia around mid-June. I am a British citizen, and she is Asian. I was previously exercising Treaty rights in Portugal. Her passport has been retained by the home office and will be returned through the voluntary ...
Dear all, My wife and I are about to move back to Asia as we've decided not to stay in the UK. I'm British and my wife is Chinese. We have an RC application ongoing with the decision due in Sept 2017. We will cancel the RC application and move to Asia. However, the HO has withheld my wife's passport...
I have returned to the UK with my non-EU spouse after having exercising Treaty rights in another EU Member State. I am a British Citizen. My spouse has applied for a residence card recently. Regardless of EEA Family Permits, Host State RCs and short/long CoAs, what is the legal status on my spouse's...
Would application of the new EEA Regulations (in the abstract and not in specific cases) be in scope of the discussion of this thread or should that occur in a separate thread? You could speculate, abstractly, about how the Regulations would be applied, but what purpose would it serve? It seems to ...
The removal of in country appeal rights is something that is clearly open to challenge. Do you mean by way of judicial review? I'm not particularly familiar with judicial review, but I get the impression that it would be a much less desirable pathway towards gaining a residence card than being able...
I understand this question in the light of MRAX ... a Member State may not send back at the border a third country national who is married to a national of a Member State and attempts to enter its territory without being in possession of a valid identity card or passport or, if necessary, a visa, wh...
Is it likely that the removal of appeal rights will be challenged any time in the near future before it has an impact on people's applications? No, as appeal rights haven't been removed. Appeals can still be made outside of the UK. Judicial review is hardly a good or reliable option for families an...
Is it likely that the removal of appeal rights will be challenged any time in the near future before it has an impact on people's applications?
Judicial review is hardly a good or reliable option for families and non-EU direct family members in situations where they are given no rights of appeal.
I guess I inferred from a literal reading of MRAX judgement that satisfying the conditions of S. Singh (or even O & B) seemed irrelevant to the right of entry to the UK, but I knew I was missing something.
From the judgement of the European Court of Justice in MRAX v Etat Belge (2002) it is made clear that the non-EU spouse of a Union citizen may not be refused entry to any member state when proof of the conjugal link is given, except in the case of immediate security issues. This judgement has been t...
(b)the length of F and BC’s joint residence in the EEA State; (e)whether F’s first lawful residence in the EU with BC was in the EEA State. what is this mean? Me( British Citizen) and my wife resided in Ireland for 1 year and I worked there for 9 months and her ( family member - my wife) first EU r...
Are there any updates on the Article 10 guidance issued by UKVI? Is it basically the case that the British EU visiting with the non-EU spouse still has to satisfy Regulation 9, even with the Art. 10 RC? The guidance is clearly unclear! I'm self-sufficient in the EU. I guess this could mean that I am...
Hi all, With reference to the recent ECJ Case (McCarthy C202/13), which essentially confirms that a non-EU family member possessing a valid Article 10 Residence Card may enter the UK without a EEA Family Permit providing they are joining/accompanying an EEA citizen (and can provide a marriage certif...
Yes, I know I'm being more than a bit pedantic and fussy over all this...
It's just my experience that a lot of folks seem to have their rights trampled all over at times, so just being prepared for the (hopefully) smiling border guard who knows the law, and the ones who may not.
Strangely enough, I seem to have just found the answer... From Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders ( Schengen Borders Code) Article 9 Separate lanes and ...
LOL, It's cool enough for me, So when we arrive at immigration, do I take the wife through the EU line with me or the non-EU line? So, the minimal check applies for both of us under the Visa Code rules? But will we be asked to show the notarised marriage certificate, or is my presence + the wife's s...
I just wondered, The visa receipt stated: Familienangehöriger eines Unionsbürgers/EWR-Bürgers (family member of Union/EEA national)... but the 90 day, multiple entry, C visa states on it.. besuchs -/ geschäftsvisum : visit - / business visa erwerbstätigkeit nicht gestattet : gainful employment not p...
Nothing is really clear yet from the new proposals, unfortunately. I did indeed get the visa. It was processed in one day. However, I had at least an hour of verbal ju-jitsu with the consular assistants to get it processed. Some issues I had were: a) One assistant claimed I had to be already residen...
