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Search found 9 matches

by zerOH
Mon Jan 23, 2017 11:05 am
Forum: Europe immigration forum
Topic: "genuine and effective" residence w/x-border element
Replies: 27
Views: 2234

Re: "genuine and effective" residence w/x-border element

Home country evidently see sponsor as their citizen simply working in their own home country and who has access to a property they could live in (but chose to let out and live abroad). Of note here: yes, that seems a fair assessment of the current argument from immigration. But I should point out t...
by zerOH
Sun Jan 22, 2017 4:15 pm
Forum: Europe immigration forum
Topic: "genuine and effective" residence w/x-border element
Replies: 27
Views: 2234

Re: "genuine and effective" residence w/x-border element

The quote that you provided is from EU social security legislation and not directly applicable to rules about family members under Directive 2004/38/EC. That's true and I never intended for it to be read as such. I've yet to find any definition of cross-border worker directly applicable to family m...
by zerOH
Sun Jan 22, 2017 11:50 am
Forum: Europe immigration forum
Topic: "genuine and effective" residence w/x-border element
Replies: 27
Views: 2234

Re: "genuine and effective" residence w/x-border element

The primary residence, in fact, the only legally recognized residence at the time, was in the HMS. Despite what the immigration department might have argued, my wife's boat is not a legal residence . The "residence" in the HMS was always temporary. Her employer was responsible for her acco...
by zerOH
Sat Jan 21, 2017 12:07 am
Forum: Europe immigration forum
Topic: "genuine and effective" residence w/x-border element
Replies: 27
Views: 2234

Re: "Genuine and effective" move w/x-border element?

I admit I accidentally posted this in the wrong forum as this isn't UK specific. I leave it at the discretion of the moderators to whether they'd like to keep this up here or not. It could be still relevant for UK-based discussions since it is based on EEA/EU law. I have, however, also posted in the...
by zerOH
Sat Jan 21, 2017 12:05 am
Forum: Europe immigration forum
Topic: "genuine and effective" residence w/x-border element
Replies: 27
Views: 2234

"genuine and effective" residence w/x-border element

Hello boards. I could benefit from the community hive mind on this topic. Sorry about the length, I'll do my best to keep it brief. My wife (an EU/EEA national) and I (a TCN) moved to a Host Member State (HMS) together several years ago. She worked in her Member State of Origin (MSO) but lived in th...
by zerOH
Fri Jan 20, 2017 8:08 pm
Forum: Europe immigration forum
Topic: "genuine and effective" residence w/x-border element
Replies: 27
Views: 2234

Re: "Genuine and effective" move w/x-border element?

Oh FFS, I swear I was on the European page. Mods, could you possibly move this over? If not, I can re-submit this.
by zerOH
Fri Jan 20, 2017 5:05 pm
Forum: Europe immigration forum
Topic: "genuine and effective" residence w/x-border element
Replies: 27
Views: 2234

Re: "Genuine and effective" move w/x-border element?

It's not the UK and it definitely does not have a history of supporting Singh judgments. I'm just doing my due diligence trying to find any relevant cases/judgements/reasoned opinions that might support a long-term cross border worker. I tried looking at the sailor's union for information, but all I...
by zerOH
Fri Jan 20, 2017 4:24 pm
Forum: Europe immigration forum
Topic: "genuine and effective" residence w/x-border element
Replies: 27
Views: 2234

Re: "Genuine and effective" move w/x-border element?

And by living in home country for 50% of time its debatable if spouse was even exercising treaty rights rather than visiting a kind of holiday home. Continuity of residence as a selfsufficient qualified person could have been maintained if only up to 6 months absence from host memberstate in a 12 m...
by zerOH
Fri Jan 20, 2017 3:33 pm
Forum: Europe immigration forum
Topic: "genuine and effective" residence w/x-border element
Replies: 27
Views: 2234

"Genuine and effective" move w/x-border element?

Hello boards. I could benefit from the community hive mind on this topic. Sorry about the length, I'll do my best to keep it brief. My wife (a EU/EEA national) and I (a TCN) moved to a Host Member State (HMS) together several years ago. She worked in her Member State of Origin (MSO) but lived in the...