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by el patron
Sun Jun 15, 2014 12:17 am
Forum: EU Settlement Scheme
Topic: EEA2 Rejected under "jobseeker" route. Asked to leave. Help!
Replies: 13
Views: 1316

Re: EEA2 Rejected under "jobseeker" route. Asked to leave. H

Use online employment agencies and other local/national recruitment agencies, keep evidences of her applications for jobs interviews and refusal etc and submit them with EEA2 application (keep copies of everything submitted). Don't be surprised if application is refused, but appeal with all the evid...
by el patron
Thu Jun 12, 2014 4:18 pm
Forum: EU Settlement Scheme
Topic: EEA FP: Observations
Replies: 11
Views: 513

Re: EEA FP: Observations

That is good news well done!

This also means you don't have to be exercising treaty rights on his arrival as you wil be accompanying him.
by el patron
Thu Jun 12, 2014 4:03 pm
Forum: EU Settlement Scheme
Topic: Tribunal preparation advice
Replies: 3
Views: 135

Re: Tribunal preparation advice

If he had previously been granted a Residence Document following an EEA2 application, that may have been because they accepted he was in a durable partnership akin to a marriage, however if the partnership ends (as it appears it has) his derived EEA rights evaporate, hopefully for him that is not th...
by el patron
Tue Jun 10, 2014 10:05 pm
Forum: EU Settlement Scheme
Topic: EEA citizen: 3 month right of residence
Replies: 23
Views: 954

Re: EEA citizen: 3 month right of residence

Habitual residence here referred to is of relevance for social security cases, the Upper Tribunal decision was pure a immigration case based on the EEA regulations and the directive with no social security element. I have the assistance of having the full case papers and the argument that the Home O...
by el patron
Tue Jun 10, 2014 8:22 pm
Forum: EU Settlement Scheme
Topic: EEA citizen: 3 month right of residence
Replies: 23
Views: 954

Re: EEA citizen: 3 month right of residence

Sheraz's opinion is inline with the UK's interpretation, what I cannot say is it it conforms with Community law, one the face of it it will appear so, any other interpretation in my view will be open to abuse. This is my opinion. It would be useful if case-law or internal guidance were there to evi...
by el patron
Tue Jun 10, 2014 8:08 pm
Forum: EU Settlement Scheme
Topic: EEA citizen: 3 month right of residence
Replies: 23
Views: 954

Re: EEA citizen: 3 month right of residence

Concept is crystal clear now, although there are few aspects which still unclear in directive but certainly not that one because while keeping in mind the concept of continuous residence it become clear. And we never listen too long millions of post here that someone get initial right on each entry...
by el patron
Tue Jun 10, 2014 7:45 pm
Forum: EU Settlement Scheme
Topic: EEA citizen: 3 month right of residence
Replies: 23
Views: 954

Re: EEA citizen: 3 month right of residence

Sheraz's opinion is inline with the UK's interpretation, what I cannot say is it it conforms with Community law, one the face of it it will appear so, any other interpretation in my view will be open to abuse. This is my opinion. It would be useful if case-law or internal guidance were there to evi...
by el patron
Tue Jun 10, 2014 7:24 pm
Forum: EU Settlement Scheme
Topic: EEA citizen: 3 month right of residence
Replies: 23
Views: 954

Re: EEA citizen: 3 month right of residence

How can i answer my own question when i am not asking rather repeating same what GURU had already replied :P I believe now you got answer with the quote the same is already be mentioned at above. Assertions are simply that. However it seems no-one else has quoted case-law, regulations or even Home ...
by el patron
Tue Jun 10, 2014 4:57 pm
Forum: EU Settlement Scheme
Topic: EEA citizen: 3 month right of residence
Replies: 23
Views: 954

Re: EEA citizen: 3 month right of residence

Don't mind these case studies. Ask a question to yourself that when the regulations defines that even a person travel outside uk and live outside uk for 6 or 12 months then he is still having residence in uk then how can be possible that initial right of residence applies again again for a person w...
by el patron
Tue Jun 10, 2014 4:41 pm
Forum: EU Settlement Scheme
Topic: EEA citizen: 3 month right of residence
Replies: 23
Views: 954

Re: EEA citizen: 3 month right of residence

I fully agreed with GURU answer and not satisfied from el patron answer. If initial right of residence of 3 months keeps triggering upon each admission/entry then its a powerful loopholes and people with small treaty rights evidences become permanent resident just by booking travel tickets during 5...
by el patron
Tue Jun 10, 2014 12:28 pm
Forum: EU Settlement Scheme
Topic: EEA citizen: 3 month right of residence
Replies: 23
Views: 954

Re: EEA citizen: 3 month right of residence

Initial 3 months of right of residence applies once unless the continuous residence breaks such as by being absent for more than 6 months or 12 months (in circumstances such as studying & pregnancy etc). When the continuous residence breaks then the initial right of residence (3 months) will re...
by el patron
Fri May 30, 2014 8:28 am
Forum: EU Settlement Scheme
Topic: Denied boarding with EEA Family Permit
Replies: 21
Views: 3391

Re: Denied boarding with EEA Family Permit

Locate timatic visachecker and input details (this is used by the airlines), you can access it via star-alliance website. I also know this as I have had clients return to the UK from Malta via the Republic of Ireland after undertaking 'Surinder Singh', without an Irish visa or UK family permit, they...
by el patron
Wed May 28, 2014 8:56 pm
Forum: EU Settlement Scheme
Topic: Renouncing British Citizenship to use EEA FP route
Replies: 568
Views: 36080

Re: Renouncing British Citizenship to use EEA FP route

Yes greater benefits with entering UK as an Irish national than as a British one, though the renunciation process takes several months so timing is a bit adrift, otherwise this will work for them.
by el patron
Tue May 27, 2014 11:35 pm
Forum: EU Settlement Scheme
Topic: Denied boarding with EEA Family Permit
Replies: 21
Views: 3391

Re: Denied boarding with EEA Family Permit

Republic of Ireland should allow her entry without a visa, on the strength of the Danish residence card, thus gaining entry to the Common Travel Area at least. Of course the UK should accept the Danish card too, but as yet they do not. You do raise a point though as in effect the Surinder Singh rule...
by el patron
Tue May 27, 2014 2:51 pm
Forum: EU Settlement Scheme
Topic: Denied boarding with EEA Family Permit
Replies: 21
Views: 3391

Re: Denied boarding with EEA Family Permit

If family permit endorsed to 'accompany', the EEA national did not need for the purposes of the family permit application to prove they were a qualified person, as they could rely upon the initial right to reside, in that case however, as exercising treaty rights was not a requirement that needed to...
by el patron
Tue May 27, 2014 12:53 pm
Forum: EU Settlement Scheme
Topic: Renouncing British Citizenship to use EEA FP route
Replies: 568
Views: 36080

Re: Renouncing British Citizenship to use EEA FP route

For the family permit you can enter the date he last entered the UK, that could simply be the date he returned from his most recent holiday.
by el patron
Mon May 19, 2014 1:11 pm
Forum: EU Settlement Scheme
Topic: Renouncing British Citizenship to use EEA FP route
Replies: 568
Views: 36080

Re: Renouncing British Citizenship to use EEA FP route

please put my mind at rest! son Brit cit, ROI Father. Irish embassy have offer him an Irish passport without the need to register his birth In Ireland or claim citizenship. son wants to renounce Brit citizenship and his wife Non EU cit to apply for family permit to uk. son born and always lived in ...
by el patron
Mon May 19, 2014 12:22 pm
Forum: EU Settlement Scheme
Topic: Initial right of residence lost after living more than 3 mth
Replies: 8
Views: 1382

Re:

What citizenship does your EEA partner have? Are you married? If they left the UK and did not maintain a home there, then the clock resets and they have an initial period of 3m of residence when they do not have to (but can) be working Clock resets regardless of whether a home has been maintained i...
by el patron
Tue May 13, 2014 4:49 pm
Forum: EU Settlement Scheme
Topic: Detained at Heathrow, Temporary Admission
Replies: 9
Views: 1578

Re: Detained at Heathrow, Temporary Admission

Well done!
by el patron
Thu Apr 24, 2014 11:14 am
Forum: EU Settlement Scheme
Topic: Same-sex durable relationship — advice much appreciated
Replies: 5
Views: 329

Re: Same-sex durable relationship — advice much appreciated

Thanks rosebead! I understand you say that it will most probably be hard to prove our relationship. Because we would rather avoid all the hassle with appeals, courts, etc., getting married in another EU country seems like the easiest option. Is it correct that we would be able to enter the UK witho...
by el patron
Thu Apr 03, 2014 3:26 pm
Forum: EU Settlement Scheme
Topic: We waited too long for RC... cancelled EEA2 application
Replies: 4
Views: 405

Re: We waited too long for RC... cancelled EEA2 application

Indeed, agency have not given you good advice. You should simply just have requested back the passport and let the application take its course as requesting passport to be returned does not cancel an EEA application.
by el patron
Tue Apr 01, 2014 2:03 pm
Forum: EU Settlement Scheme
Topic: EEA Family Permit - Dependant Mother
Replies: 2
Views: 168

Re: EEA Family Permit - Dependant Mother

1. Living under the same roof for one year is certainly not a requirement. 4. Is not correct, though always better to appeal and ask for a review of any refusal then there is less to explain on further applications as the refusal may be overturned. If you can show that she is mainly dependant upon y...
by el patron
Fri Mar 21, 2014 4:24 pm
Forum: EU Settlement Scheme
Topic: Divorce proceeding and Non-EU family member status
Replies: 39
Views: 2203

Re: Divorce proceeding and Non-EU family member status

If you can, stay where you are. If you can afford it seek legal advice on the divorce situation. If I were a matrimonial lawyer, I would suggest contesting the grounds of the divorce, thereby ensuring there is no rapid divorce hearing, this will of course incur you costs (x2) but may be worthwhile i...
by el patron
Wed Mar 19, 2014 4:22 pm
Forum: EU Settlement Scheme
Topic: error in affidavit
Replies: 4
Views: 237

Re: error in affidavit

I am not sure what you applied for, but if it was an EEA Residence application you should just make a fresh application and address any errors or mistakes that were in the previous application. Provide more evidence in this application to over-ride previous reasons for refusal etc
by el patron
Tue Mar 11, 2014 4:33 pm
Forum: EU Settlement Scheme
Topic: Visa free travel for Residence Card holder Case refer to ECJ
Replies: 300
Views: 50172

Re: Visa free travel for Residence Card holder Case refer to

chaoclive wrote:Is this the Northern Irish McCarthy family?
No, the Mrs McCarthy you refer to was married to a Jamaican national as I recall.