You need to get your terminology spot on as it's going to cause confusion. Your wife will not get ILR under the EEA regulations; she can only get permanent residence. You have permanent residence (PR). From what you say, you achieved a form of PR under the immigration rules. Permanent residence in E...
I was wondering how your children achieved British citizenship. For EEA national children born in the UK, they would be British if their parents were free of immigration control, effectively those with permanent residence. However, Irish citizens appear to be treated differently and their UK born ch...
Are you sure of your dates? You would have got permanent residence under the immigration rules and would have amounted to the same thing I wonder if that's causing confusion? Please read the "transitional arrangements, chapter 13". http://www.ukba.homeoffice.gov.uk/sitecontent/documents/po...
The email you had received was exactly the same as the one we got. It is polite and says nothing in particular, but is fundamentally wrong. You were not applying under the immigration rules; the BHC has no "discretion" as they put it nor is the processing time "at their discretion&quo...
Irish citizens have no particular privileges for the purposes of EU law in the UK. They had many years back, but since 1994 that is no more. They are not considered to be aliens in UK law and are automatically considered to be settled. That would mean for example that they could sponsor a spouse und...
What are your objectives? If you do not qualify for permanent residence just now that does not stop you from doing so in the future, just make sure you have evidence. Are your children are German? That may make a difference.
Please read the directive 2004/EU/38 if you haven't done so. Article 7 1 (c) applies to your case. Read it and if you don't understand it, by all means post back. An enrollment letter that demonstrates that she is a student is sufficient as far as the law is concerned. The question as to who pays fo...
Yes, there are lots of boxes to tick, but if ever one finds that the form doesn't suit one's application, a covering letter might help to augment it. An EU national can demonstrate their treaty rights in whatsoever form is appropriate to their situation - there are no absolute fixed rules.
The form is meant to be all-singing and dancing, but doesn't cover every possible scenario. Another that is missing is applying for an EEA2 on the basis that the EU national has permanent residence. Relax. The form is not mandatory anyway. Complete it as best you can and include a covering letter if...
Firstly, it would appear that you have submitted evidence of medical insurance. It is possible that they have not read it or overlooked it. Did they return this to you? If not, point out that you have already submitted it and state that they may overlooked it. In the UK spouses have a legal duty to ...
The UK issued EEA family permit is only valid for travel to the UK. It does not except holder from visa for schengen countries. A UK issued residence card would exempt your wife. If you've been exercising treaty rights in the UK (working in your case), then you could benefit from freedom of movement...
Firstly, have you had a rejection letter or a request for more information? Have you read through the European caseworkers instructions for residence cards (chapter 5) and certificates (chapter 4)? Make sure you are familiar with them. http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyan...
I'm sorry to have read what had happened to you both. A minor point, as you were exiting the country, you both have a right of exit with valid passport, see directive article 4. Although it might seem terribly weighty, it would be worth printing sections of the shengen borders code in the language o...
On the face of it this regulation does not appear to be compatible with the directive. It might take a court case to resolve. However as no-one appears to be being particularly inconvenienced by it might just stay as it is. I suspect it is the source of nonEEA family members being asked more questio...
You are very close to having acquired PR. If divorce proceedings have started; then it would appear that you could qualify for "retained rights of residence". It would appear that you already satisfy the time limits on this, but you will need to be a qualified person in your own right from...
VFS are effectively a filter for the ECO. One of their aims is not to have applications rejected for lack of the correct information (that does not mean that they always know what's required of course). I speak from experience. I suggest when you telephone to make your appointment, tell them you hav...
The 2006 regs are just over five years old (if I can count right). While of course some will have qualified prior to 2011 many others won't have. There will be progressively more people with these as they qualify for permanent residence. In time airlines, border officials etc will become used to the...
In addition, family members of EU citizens are exempt from transit visa requirements in Schengen sone no matter what their nationality. You can read the Shengen visa rules if your not sure. If you are British, your spouse falls into this category.
It took me a while to find as I'd read it along time ago (was beginning to doubt myself). It can be located on UKBA webpage, it's filled under Policy and Law, Immigration Directorate Instructions, chapter 33, section 1. Open the pdf and read paragraph 1.2. Despite this, I suspect airlines would just...
An IO can revoke according to the regs in some circumstances (please go an read them, reg 20 (4) and (5)). They are nothing to do with the directive, but are part of UK law. If your spouse is a qualified person, then they cannot revoke, but you might be in for a harder time if you present yourself a...
