discretion is not surely mandatory we all know that. but to give a valid explanation of why the application is refused is mandatory, is not it? if the time spent under EEA regulation is wiped out then why the discretion here? won't the applicant be guaranteed the refusal? wouldn't that be a rip off ...
Hello, mrlookforward, i think you haven't even read what Obie said i guess:) how can you advise someone when you clearly lack the info on the subject? you even readily ignore the info that has just become available to you?did you read through what obie posted?:) i've been looking for the best possib...
If the applicant was here with a right to reside under the EEA Regulations when they left the UK, and was readmitted under the EEA Regulations, then the applicant’s residence may be treated as continuous ( provided that their total absences do not exceed eighteen months and no individual absence ...
The reason is because you were not in the UK under immigration control and haven't had a leave under 276a of the immigration rule for the whole of your stay. Therefore the Caseworker would use their discretion on whether to take time spend under EU legislation, if you meet the other criteria. You h...
Yes you qualify for Long term residency. Time spent as family member of an EEA national in the UK, counts towards the 10 years continuous residency requirements. ok, thanks for that, but why then it should be under the discretion of the caseworker? or how would this discretion be exercised? cheers
I am genuinely not trying to be rude, but what was the question? :) No worries:) if you read a quote below from the home office website regarding long residence you will see that the question is about compatibility of UK legislation and EEA regulations. what it says is that if one spent 10 years in...
You are applying based on 10 yr LR and not spouse of an EEA national so it will not apply on you. Even the time spent as a visitor is counted towards LR. As i said before as long as you meet LR criteria that should be enough. http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs...
Hi Magi, if you look at this below closely you'll see what clarity i need:) how would one be sure about HO officer discretion? during their time here under the provisions of the EEA Regulations, the individuals would not have been subject to immigration control and would not have required leave to e...
Hello everyone, firstly I am happy that I've found you as I do not seem to find any proper advice neither from the lawyers nor from any law websites. Hope your opinion will shed at least some light to my concern. now, please see below what I am about to write to the HO regardless the possible disapp...
Hello everyone, firstly I am happy that I've found you as I do not seem to find any proper advice neither from the lawyers nor from any law websites. Hope your opinion will shed at least some light to my concern. now, please see below what I am about to write to the HO regardless the possible disapp...
