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by el patron
Tue Nov 19, 2013 8:21 pm
Forum: EU Settlement Scheme
Topic: non EEA family member Student Finance available
Replies: 4
Views: 2160

Did you apply on form EEA2 for a Residence Document as an extended family member (durable partner) of an EEA national? If you have that residence document you are eligible under category 5 of the aforementioned ukcisa document. (On reading this I also think if you applied now and were granted the EE...
by el patron
Tue Nov 19, 2013 8:08 pm
Forum: EU Settlement Scheme
Topic: UKBA SURPRISE HOME VISIT..NOT A MYTH!
Replies: 54
Views: 7839

sheraz7 wrote: .... whether EU and NON EU partners still living together comparing to a lengthy 2-4 hours long interview.
Not that spouses have to be still living together for the non-eea national to obtain a residence certificate, surely the relationship has to simply be subsisting?
by el patron
Fri Nov 15, 2013 11:56 am
Forum: EU Settlement Scheme
Topic: RoR following divorce
Replies: 7
Views: 917

In addition apply for 5 year residence document, keep your options open and gives a further appeal opportunity etc.
by el patron
Tue Oct 29, 2013 3:37 pm
Forum: EU Settlement Scheme
Topic: EEA2 unmarried partner applicant - can I do volunteer work?
Replies: 10
Views: 899

I can't see how an EEA2 extended family member applicant should be put in a less favourable position than Refugees/Asylum seekers/failed asylum seekers etc. in respect of voluntary work. http://www.refugee-action.org.uk/assets/0000/6744/A_Right_to_volunteer_factsheet_FINAL.pdf You are wrong ; You h...
by el patron
Tue Oct 29, 2013 3:06 pm
Forum: EU Settlement Scheme
Topic: EEA2 unmarried partner applicant - can I do volunteer work?
Replies: 10
Views: 899

I can't see how an EEA2 extended family member applicant should be put in a less favourable position than Refugees/Asylum seekers/failed asylum seekers etc. in respect of voluntary work.

http://www.refugee-action.org.uk/assets ... _FINAL.pdf
by el patron
Fri Oct 25, 2013 2:27 pm
Forum: EU Settlement Scheme
Topic: EEA2 unmarried partner applicant - can I do volunteer work?
Replies: 10
Views: 899

Certainly an anomaly here, they can work if they have an EEA family permit, but if it expires they are subject to delay in processing of the EEA2 application leaving them 'in limbo' as to evidencing (and indeed having) a right to work etc. Whilst the family permit is 'valid' they are classed as a fa...
by el patron
Thu Oct 24, 2013 4:32 pm
Forum: EU Settlement Scheme
Topic: EEA2 unmarried partner applicant - can I do volunteer work?
Replies: 10
Views: 899

I'm not entirely confident in your reasoning Lucapooka, but would be glad if you were correct!
by el patron
Thu Sep 19, 2013 12:54 pm
Forum: EU Settlement Scheme
Topic: EEA Family Permit for UK - Entry through Ireland??
Replies: 10
Views: 2695

I'd be careful, GNIB have a knack of interpreting EU law 'imaginatively' -

http://courts.ie/Judgments.nsf/09859e7a ... enDocument
by el patron
Fri Aug 30, 2013 3:59 pm
Forum: EU Settlement Scheme
Topic: EEA2 and also TB query
Replies: 22
Views: 3071

Don't panic, run the appeal and if all else fails renounce your british nationality (costs £179 to do so)
by el patron
Sat Jun 15, 2013 12:42 am
Forum: EU Settlement Scheme
Topic: Singh for dual national
Replies: 26
Views: 2285

Re: Singh for dual national

Directive/2004/38/EC
wrote -

when did he hold and Irish passport, and why did he get it?


Actually this is a very pertinent question....
by el patron
Fri Jun 07, 2013 12:20 pm
Forum: EU Settlement Scheme
Topic: EEA family permit where applicant already resides in the UK
Replies: 18
Views: 1803

If you live in the UK that's what you confirm residence wise anyway. Much of the form is not relevant, but it is a generic application form for visit visas and family permits. The application is made on the basis that you are out of the UK on a visit and you want entry clearance to the UK as a retur...
by el patron
Fri Jun 07, 2013 10:20 am
Forum: EU Settlement Scheme
Topic: EEA family permit where applicant already resides in the UK
Replies: 18
Views: 1803

From my own experience... To apply for an EEA Family Permit whilst in the UK, you make the application online, state the applicant's residence address as the UK address. However to allow the online application to proceed you must enter your current location as not in the UK but in the country where ...
by el patron
Thu Jun 06, 2013 4:24 pm
Forum: EU Settlement Scheme
Topic: EEA 4 refused, help ASAP please!!!!!!!!
Replies: 5
Views: 851

Where were you born? If you were born in the UK you may be a dual national, if so your wife should appeal as without an ongoing appeal against the refusal she may find that you will no longer be treated as an EEA national for applications under the EEA regulations and hence she would no longer be ab...
by el patron
Tue Jun 04, 2013 9:14 am
Forum: EU Settlement Scheme
Topic: Refused: EEA4 application. Please help.
Replies: 19
Views: 2432

Make a fresh application and appeal in tandem, you can represent yourself to save expense, it seems like a straightforward appeal argument. Just get more evidence to cover the relevant period for the appeal (you'll require that for the fresh application anyway).
by el patron
Mon Jun 03, 2013 11:34 am
Forum: EU Settlement Scheme
Topic: Northern Ireland natives can still be EEA nationals!
Replies: 6
Views: 975

The fact that the person does not apply for a particular passport, does not mean they are not national of that state. Interestingly the Irish approach is somewhat different since the British-Irish Agreement. Those born in Northern Ireland (with the requisite parental nationality/status) only in eff...
by el patron
Thu May 30, 2013 10:19 am
Forum: EU Settlement Scheme
Topic: Northern Ireland natives can still be EEA nationals!
Replies: 6
Views: 975

It's certainly the first attempt that I have seen to interpret the 2012 amendment to the EEA regs in a way that does not tread on the toes of the British-Irish (Good Friday) Agreement. It is indeed all as clear as mud! I actually believe that this interpretation (for social security purposes) confli...
by el patron
Wed May 29, 2013 4:32 pm
Forum: EU Settlement Scheme
Topic: Northern Ireland natives can still be EEA nationals!
Replies: 6
Views: 975

Northern Ireland natives can still be EEA nationals!

It seems those born in Northern Ireland can choose to be considered Irish (EEA) or British for benefits purposes. Hence non-eea family members of those Irish(EEA) nationals born in Northern Ireland can still claim UK benefits etc. This is from - http://www.dsdni.gov.uk/dmser_vol2_35.doc and I quote ...
by el patron
Wed May 29, 2013 11:43 am
Forum: EU Settlement Scheme
Topic: REFUSED RC: NO RIGHT OF APPEAL
Replies: 60
Views: 9720

Reading this case with interest, some great legal reasoning. My tuppence worth is - Perhaps this is an example of where a trip to the UK Embassy in Dublin for an application for an EEA Family Permit may provide some assistance? Provided that evidence of the family member's EEA nationality is produce...
by el patron
Thu May 02, 2013 4:54 pm
Forum: EU Settlement Scheme
Topic: nino
Replies: 7
Views: 949

No lawful impediment to working without a National Insurance number, especially since one has been applied for.
by el patron
Wed May 01, 2013 3:18 pm
Forum: EU Settlement Scheme
Topic: Irish Citizen
Replies: 21
Views: 2654

What county was the child born in (it will say on the passport at place of birth)? If the child was born on or before 31st December 2004 in the island of Ireland it is entitled to Irish nationality purely by birth. If the child has Irish nationality I wonder why the application was made as the sole ...
by el patron
Mon Mar 25, 2013 10:31 am
Forum: EU Settlement Scheme
Topic: The wife bringing her 2 children
Replies: 12
Views: 1151

Where were you born Cuttingman?
by el patron
Mon Mar 25, 2013 9:22 am
Forum: EU Settlement Scheme
Topic: The wife bringing her 2 children
Replies: 12
Views: 1151

The children may fall outside of the scope of the transitional provisions because their first applications will be made after the October 2012 cut-off date. My initial thought, worth applying anyway once they are in the UK, Art 8 argument looming for an appeal. Also worth noting the only UKBA fee to...
by el patron
Thu Mar 07, 2013 9:13 am
Forum: EU Settlement Scheme
Topic: Full time student
Replies: 12
Views: 1276

I am also doing 7.5 hours of a-levels for which I attend a local college, and a training course through the dhss which is 25 hours per week. I assumed that the training course wouldn't count as its through the dhss. It's a level 2 vrq. It is one of those courses that they force job seekers to do, b...
by el patron
Tue Mar 05, 2013 10:36 am
Forum: EU Settlement Scheme
Topic: Full time student
Replies: 12
Views: 1276

Legislation does not mention attend, only that you must be enrolled. I was student myself and the requirement was to attend lessons. UKBA asks for a letter from college/uni confirming your hours and progress. It would be a nice one to run as an appeal argument for sure! It is a matter of asserting ...
by el patron
Mon Mar 04, 2013 3:41 pm
Forum: EU Settlement Scheme
Topic: Non EU getting married in Ireland with an EU citizen
Replies: 3
Views: 531

My understanding is that you only have to produce a PPS number if you have one (i.e. are or were in the past resident in Ireland)