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by EUsmileWEallsmile
Sat Oct 29, 2011 4:11 pm
Forum: EU Settlement Scheme
Topic: Passport re-call by UKBA after PR granted!!!
Replies: 35
Views: 5355

You should have no problem with your trip to South Africa. For the trip to France, you could have your marriage certificate, etc in the unlikely event that someone spots the DOB mistake. The normal problem for visa nationals doing an "MRAX" is that airlines won't let them on. That shouldn'...
by EUsmileWEallsmile
Sat Oct 29, 2011 10:28 am
Forum: EU Settlement Scheme
Topic: Passport re-call by UKBA after PR granted!!!
Replies: 35
Views: 5355

Where are you going on holidays? If you are going back to your home country, a minor error on your residence card wont matter to them. You should get back into the UK without problems and be able to get on a plane. Is there anything else wrong with your vignette?
by EUsmileWEallsmile
Sat Oct 29, 2011 10:21 am
Forum: EU Settlement Scheme
Topic: Non eea Divorce from eea spouse
Replies: 92
Views: 17722

Obie, Let me get this right. Diatta judgement means that separation from spouse does not mean the loss of residence rights for the other spouse. Only once the marriage is terminated by the competent authorities. The prior to initiation of divorce proceedings part appears to apply to length of marria...
by EUsmileWEallsmile
Sat Oct 29, 2011 9:46 am
Forum: EU Settlement Scheme
Topic: Non eea Divorce from eea spouse
Replies: 92
Views: 17722

Divorce is different in different part of the UK. It really depends on where you live. On the one hand it is good that you are speaking to your wife. If you can, you should try mediation before getting lawyers involved. The objective would be to have a negotiated settlement (a compromise). Once lawy...
by EUsmileWEallsmile
Sat Oct 29, 2011 9:35 am
Forum: EU Settlement Scheme
Topic: Passport re-call by UKBA after PR granted!!!
Replies: 35
Views: 5355

These are good questions. Why don't you phone them and ask?

With regards to your forthcoming holiday, you could ask them to issue your revised PR on a free-standing document without you sending the passport back.
by EUsmileWEallsmile
Fri Oct 28, 2011 10:47 pm
Forum: EU Settlement Scheme
Topic: Marriage certificate
Replies: 12
Views: 2394

I'm delighted to hear of your success. EEA family permits are issued in other parts of the world in three to four weeks. You did well. I also wonder about timeline for Irish passport renewal abroad. I know of one individual who applied in August 2010, but got return October 2010. Again you did well....
by EUsmileWEallsmile
Fri Oct 28, 2011 10:41 pm
Forum: EU Settlement Scheme
Topic: EEA2. Need passport back. Few questions.
Replies: 4
Views: 2032

Simplegirl, I wish there were simple answers... 1. You can ask for your passport back. If the UK residence card is not ready, you will need another family permit (nothing for Schengen of course). 2. If you ask for your passport back, it will not reset UK residence card application. 3. If they do not...
by EUsmileWEallsmile
Fri Oct 28, 2011 5:56 pm
Forum: EU Settlement Scheme
Topic: Student applying for EEA2, need send proof of education?
Replies: 1
Views: 630

What the non-EEA person does is generally not relevant to the application. Proving that the EU national is exercising treaty rights is generally what is important.
by EUsmileWEallsmile
Fri Oct 28, 2011 5:53 pm
Forum: EU Settlement Scheme
Topic: requesting COA.
Replies: 30
Views: 5796

Don't just phone, write to them. They are fond of quoting the 2006 immigration regulations; point out to them that "issue immediately" is what they are required to do. If you wish to be cheeky, you might ask what the term immediately means. Your case appears to be simple, so they have no e...
by EUsmileWEallsmile
Fri Oct 28, 2011 1:03 pm
Forum: EU Settlement Scheme
Topic: Non eea Divorce from eea spouse
Replies: 92
Views: 17722

Have your plan of action in place. A negotiated settlement could include her providing the required evidence on demand for the purposes of your PR application. At the end of the day, you'll most likely end up negotiating. Remember that it's the commencement of proceedings that starts the retained ri...
by EUsmileWEallsmile
Fri Oct 28, 2011 12:55 pm
Forum: EU Settlement Scheme
Topic: Civil partner of EU citizens withEAA2 visit Italy
Replies: 14
Views: 2544

Zetzeng, what is your nationality? Are you a visa national under Schengen rules? Your family status has been accepted for EU purposes (Uk issued residence card) and so you should not require a visa for Italy if traveling with or accompanying your EU family member. All you need is the residence card ...
by EUsmileWEallsmile
Thu Oct 27, 2011 9:54 pm
Forum: EU Settlement Scheme
Topic: Civil partner of EU citizens withEAA2 visit Italy
Replies: 14
Views: 2544

Start here. Hopefully you'll find the links

http://ec.europa.eu/youreurope/citizens ... dex_en.htm
by EUsmileWEallsmile
Thu Oct 27, 2011 9:50 pm
Forum: EU Settlement Scheme
Topic: Civil partner of EU citizens withEAA2 visit Italy
Replies: 14
Views: 2544

Don't forget to complain to Solvet. It may not have an immediate result, but if no one complains, then there will be no change.
by EUsmileWEallsmile
Thu Oct 27, 2011 9:47 pm
Forum: EU Settlement Scheme
Topic: Civil partner of EU citizens withEAA2 visit Italy
Replies: 14
Views: 2544

I know I read it. That might be the opinion of one person in the embassy, not sure how widespread this is. Maybe others will have come across this.
by EUsmileWEallsmile
Thu Oct 27, 2011 8:56 pm
Forum: EU Settlement Scheme
Topic: Civil partner of EU citizens withEAA2 visit Italy
Replies: 14
Views: 2544

That would be fine then. I still don't see why Italy should not allow entry with your residence card in the first instance. If you are going to Germany via Italy, then you shouldn't have a visa problem. It would be worth making a complaint to Solvit Germany regarding Italy's position. It may result ...
by EUsmileWEallsmile
Thu Oct 27, 2011 8:20 pm
Forum: EU Settlement Scheme
Topic: Just Married
Replies: 3
Views: 789

Technically you can work from day one. However, employers look for a statutory excuse that an employee is entitled to work. An COA will help then have one.

Therefore in practice, you should apply as soon as you can.
by EUsmileWEallsmile
Thu Oct 27, 2011 8:16 pm
Forum: EU Settlement Scheme
Topic: EEA3 Application – CSI needed as funded PhD student?
Replies: 23
Views: 5598

Technically you could argue that your husband did apply for an EE1. They would not have issued you with an EEA2 unless he qualified for an EE1.

I would check out Portuguese nationality rules if I were you. Was your husband born in Portugal; that might also be relevant to your child?
by EUsmileWEallsmile
Thu Oct 27, 2011 8:07 pm
Forum: EU Settlement Scheme
Topic: requesting COA.
Replies: 30
Views: 5796

You can also quote the immigration regulations 2006 regulation 17 (3) On receipt of an application under paragraph (1) or (2) and the documents that are required to accompany the application the Secretary of State shall immediately issue the applicant with a certificate of application for the reside...
by EUsmileWEallsmile
Thu Oct 27, 2011 8:01 pm
Forum: EU Settlement Scheme
Topic: Civil partner of EU citizens withEAA2 visit Italy
Replies: 14
Views: 2544

If one holds a residence card, then one should be exempt from visa requirements. I think the Italian interpretation is rather unfair and restrictive. They would for example recognise a residence permit from Germany issued under Germany's immigration laws (I note your partner is German). By the way, ...
by EUsmileWEallsmile
Thu Oct 27, 2011 7:47 pm
Forum: EU Settlement Scheme
Topic: Non eea Divorce from eea spouse
Replies: 92
Views: 17722

Forget the Egyptian divorce. If you are resident in the UK you or your wife could initiate proceedings (your retained residence rights would start from then). What do you want to do? If you want a divorce, best start it yourself and you can choose which court suits. If you don't and she does, then l...
by EUsmileWEallsmile
Wed Oct 26, 2011 7:49 pm
Forum: EU Settlement Scheme
Topic: EEA2 application and COA
Replies: 5
Views: 1408

Re: EEA2 application and COA

[quote="Samelamin"]Hi all I am currently on PSW visa that expires in the middle of next year my partner and I have lived together for a year now and by the time it expires itll have been 22 months Seeing as we cant prove we lived together for the full 2 years we are planning to get married...
by EUsmileWEallsmile
Wed Oct 26, 2011 7:43 pm
Forum: EU Settlement Scheme
Topic: EEA3 Application – CSI needed as funded PhD student?
Replies: 23
Views: 5598

Technically your husband should have had comprehensive sickness insurance throughout his time here to benefit from treaty rights. Your husband may get away without this requirement if he applied for a residence certificate before June 20th 2011. This comes from chapter 6 Annex B of Permanent Residen...
by EUsmileWEallsmile
Wed Oct 26, 2011 7:35 pm
Forum: EU Settlement Scheme
Topic: Help needed with appealing against EEA FP refusal
Replies: 29
Views: 6910

EEA family permit will be fine for your purposes. Once in the UK, your wife and child can apply for a residence card.
by EUsmileWEallsmile
Tue Oct 25, 2011 9:54 pm
Forum: EU Settlement Scheme
Topic: I HAVE WON THE APPEAL!
Replies: 62
Views: 13077

I'm glad to hear you've found a lawyer. You've found out that they are not cheap. You need to make the lawyer work for you. Do your own research and lead them to what they need to do. They said that you need to show how your husband exercised treaty rights for (a) five years or (b) 1-year if divorce...
by EUsmileWEallsmile
Tue Oct 25, 2011 8:00 pm
Forum: Europe immigration forum
Topic: Non Eu National travel to MALTA on EUFAM visa from Ireland
Replies: 9
Views: 2719

Print it and bring it with you.