Are you a family member of a British Citizen or an EU citizen?

What is your timeline?

I have merged your previous topic with your present query, so that people who want to express a view are given a better understanding of the history of your case.

Post moved to new section.

I have had to consolidate your posts. Please make sure you post on this thread in future.

That way you could get a better response.

It is possible that you did not sufficiently prove dependency.

Whatever the circumstances, you are entitled to a decision.

8 months wait is a stretch. I have had to wait for 6 months in a case i did in 2018, but that was because the judge was unfortunately deceased. I dread to say, that at the time of your appeal extended family members were not entitled to pre settled status, so it is likely the appeal may not succeed....

The judgement seems good, but not sure what Home Office will do.

I suspect pending applications will not suffer, but new settlement scheme application may be affected.

One thing about litigation, never draw conclusions when only one party has provided their case. It seems to me that Underhill was at least not happy with their ground 2 argument, to change the law through the courts after 8 years. A law that has to all intent and purpose being repealed. The court wi...

Underhill LJ is a decent judge. Lets hope he will do the right thing. Need all the Home Office applications before the Tribunal to fail.

vinny wrote: ↑

Sat Dec 04, 2021 2:37 am

Probably no.

I agree. This will fall totally outside the scope of the withdrawal agreement.

2 issue may arise in this case.

1. Was the person as a matter of Croatian law a Croat citizen on the day of withdrawal.


2. Will he or she be able to make an exceptional case for lateness?

Also, only those who have notheard residence permission in the last 4 or 3 years, as the case may be, will benefit from the scheme.

At least one country in the British isles is showing compassion and basic decency.

Was there a right of appeal?

She has a strong basis to challenge and have the refusal overturned on the basis of present changes.

Your child may have a claim to Irish citizenship, if your wife had been residing in the state for 3 years prior to his birth, he will not need to naturalise if he was born in Ireland.

Hi everyone, First of all I want to congratulate everyone who has had good news with their case and for those still waiting, don’t give up, it will be worth it! It’s been a while. Just to update you all that I have just received the decision on the permission to appeal to the upper tribunal after F...

For the avoidance of doubt, I do not support what the lawyer is saying, It is not the law, and certainly not the law in Ireland. The EEA national must be exercising treaty rights prior to the divorce or initiation of the divorce for the non-EEA to acquire right of residence. To say the EU national d...

Indeed UKF(M), appears to be a remedy, but the child will only qualify for discretionary registration under section 3(1).

If his name is on the birth certificate, then yes he will be liable for child maintenance, irrespective of the position relating to nationality law.

See section 50(9A)

If your wife is not exercising treaty rights at time of your divorce, then you will not be able to secure a retained right of residence.

You need to tread carefully as well, under British nationality law, the father of a child is the man that the mother is married to at the time of the child's birth.

When you make your case, you need to explain how the relevant legal requirements are met, and provide the necessary documentation to show it is met.

With the Supreme Court ruling last Spring that section 19 is unconstitutional, which open the door for all those who had their citizenship revoked through this unconstitutional provision, and with the minister having failed to make the necessary amendments to make it constitutional, I am afraid that...

Thanks for the advice on the credit Union. I believe with Brexit and all the nonsense taking place in the UK, there is a great deal of opportunities in Ireland. By binding, I mean it is part of the law of the land, and court's and Tribunal are aware of your right to residence through that route, pro...

Yes. Naturalised citizenship will be revoked upon receiving a second naturalised citizenship, unless that second citizenship is received via marriage. I will not use the verb will, as that is not the language of the legislation. The Act confers a discretion on the minister if a person acquired citi...