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by el patron
Wed Dec 05, 2012 10:50 am
Forum: EU Settlement Scheme
Topic: 6Months Rule ended now in the 9th Months
Replies: 23
Views: 3424

Speak to your embassy in UK, set out the difficulty you have, ask if they will issue a replacement passport. Worth a try anyway!
by el patron
Wed Dec 05, 2012 10:46 am
Forum: EU Settlement Scheme
Topic: eea2 or ror
Replies: 10
Views: 2085

See my post above, to clarify further - if your solicitor issues ancillary relief proceedings the decree absolute may be delayed and in the ancillary relief proceedings you can ask for specific financial discovery. Such discovery may be sufficient for your application to UKBA. You need to act fast h...
by el patron
Mon Dec 03, 2012 10:40 am
Forum: EU Settlement Scheme
Topic: eea2 or ror
Replies: 10
Views: 2085

If you make an application for spousal maintenance, you will be able to request 'discovery' of your wife's financial circumstances in the divorce proceedings, this may be the same evidence you need to show her exercising treaty rights. Your application for spousal maintenance may not succeed, but at...
by el patron
Fri Nov 30, 2012 2:47 pm
Forum: EU Settlement Scheme
Topic: Experiences on Requesting Passports back from UKBA (EEA2)
Replies: 276
Views: 79598

I find this an interesting post. I would also be interested in knowing if anyone has made the request for the return of their passports in tandem with their application? For what it is worth I made a request for the return of an EEA national's passport in August of this year, I still await the passp...
by el patron
Fri Nov 30, 2012 11:54 am
Forum: EU Settlement Scheme
Topic: EEA2 Residence Card documents Required
Replies: 38
Views: 11479

You'll need to show evidence of job-seeking, registration with a recruitment agency etc for example
by el patron
Thu Nov 29, 2012 2:06 pm
Forum: EU Settlement Scheme
Topic: POST & PRE JULY/OCTOBER AMENDMENTS IN EEA REGULATIONS
Replies: 6
Views: 1810

I think the effect will be noticeable upon those in durable partnerships. If the partnership ends they are no longer a family member of an EEA national and then the non-EEA national would then immediately lose the right of residence. This has always been the case. It did not change following the ne...
by el patron
Thu Nov 29, 2012 12:37 pm
Forum: EU Settlement Scheme
Topic: POST & PRE JULY/OCTOBER AMENDMENTS IN EEA REGULATIONS
Replies: 6
Views: 1810

Here is the UKBA position of the changes and the transitional provisions - From: European Operational Policy Team Subject: Revision to the Definition of EEA National Date: 16 July 2012 Issue number: 09/2012 Purpose of notice 1. This notice replaces European Operational Policy Notice 07/11 and provid...
by el patron
Thu Nov 29, 2012 12:28 pm
Forum: EU Settlement Scheme
Topic: POST & PRE JULY/OCTOBER AMENDMENTS IN EEA REGULATIONS
Replies: 6
Views: 1810

I think the effect will be noticeable upon those in durable partnerships. If the partnership ends they are no longer a family member of an EEA national and then the non-EEA national would then immediately lose the right of residence. In the case of a married couple separation does not itself extingu...
by el patron
Wed Nov 21, 2012 4:01 pm
Forum: EU Settlement Scheme
Topic: Questions concerning EEA family permit, travel outside EU
Replies: 5
Views: 1905

You cannot extend the family permit, however you can apply for another one at any British diplomatic post abroad that accepts visa applications, the nearest likely to be Dublin or Paris, Dublin having the advantage of being within the common travel area. You won't of course get any advice from UKBA ...
by el patron
Mon Nov 19, 2012 3:15 pm
Forum: EU Settlement Scheme
Topic: EEA NATIONAL AND 3 MONTHS TREATY EXEMPTED PERIOD
Replies: 11
Views: 1415

Jambo do you have an authority for saying it does not reset on every entry? Other than what Regulation 13 states? No. Are you saying that if I take the ferry to France/cross the border to Ireland every 3 months, then I will obtain PR after 5 years without the need to exercise treaty rights? No I'm ...
by el patron
Mon Nov 19, 2012 12:41 pm
Forum: EU Settlement Scheme
Topic: EEA NATIONAL AND 3 MONTHS TREATY EXEMPTED PERIOD
Replies: 11
Views: 1415

Jambo wrote:It doesn't reset on every entry.

It's once per a residence period. If you leave the UK for over six months (and break your residency period) and move back, it would start again (together with the count for the 5 years).
Jambo do you have an authority for saying it does not reset on every entry?
by el patron
Mon Nov 19, 2012 12:34 pm
Forum: Newly Arrived in UK - General How To queries (NO immigration/visa/ILR queries)
Topic: Scottish education for non eea family
Replies: 3
Views: 1535

My recollection is that you have to be resident in Scotland at the date the course starts. I also recall to be classed as a home student that you have to have been resident in the United Kingdom and islands in the 3 years prior to the commencement of the course (not simply resident in Scotland). As ...
by el patron
Tue Oct 23, 2012 10:53 am
Forum: General UK Immigration forum
Topic: UK Border Force response to complaint about Landing Card
Replies: 7
Views: 5052

No obligation to, but she may be asked, despite the Border Force Manual also confirming that she should not be asked!
by el patron
Fri Oct 19, 2012 4:11 pm
Forum: EU Settlement Scheme
Topic: In UK Now and what to do further?
Replies: 35
Views: 5038

She can claim job seekers allowance, and register as a job seeker that will cover her as exercising teaty rights for at least six months (of course with interruption for child-birth!), I would say apply right away for the RC.
by el patron
Fri Oct 19, 2012 2:10 pm
Forum: EU Settlement Scheme
Topic: Residence Card for non eea national
Replies: 2
Views: 712

Not enough information in your post to give an answer. You need to give dates (when you got the Residence Card, when relationship with EEA national ended, why it ended) and length of residence etc
by el patron
Thu Oct 18, 2012 11:01 am
Forum: EU Settlement Scheme
Topic: Information is Ammunition
Replies: 24
Views: 3198

May be worth having a copy of this case with you on your journey -

http://courts.ie/Judgments.nsf/09859e7a ... enDocument
by el patron
Thu Oct 18, 2012 9:34 am
Forum: EU Settlement Scheme
Topic: how to apply national insurance number with coa?
Replies: 7
Views: 4446

Try claiming benefits, even just to get national insurance credits. This puts the onus upon them to steer you to obtaining a NINO. They can process a benefit claim clerically and give you a temporary number which is often your date of birth with 'TN' as a prefix, best not to take no as an answer, es...
by el patron
Mon Oct 15, 2012 4:18 pm
Forum: EU Settlement Scheme
Topic: Information is Ammunition
Replies: 24
Views: 3198

I think it would help you if her residence paper is an EEA family member version, if you were in Ireland you are hence in the Common Travel Area, you then can assert your treaty rights and enter the UK without having to satisfy port entry clearance officers!
by el patron
Mon Oct 15, 2012 4:10 pm
Forum: EU Settlement Scheme
Topic: Information is Ammunition
Replies: 24
Views: 3198

Does your wife have a - "family member" residence permit issued by Greece? In which case she can travel to Ireland which states Georgians are visa required unless in possession of a "family member" residence permit issued by Greece to a family member of an EEA national, or nation...
by el patron
Mon Oct 15, 2012 3:58 pm
Forum: EU Settlement Scheme
Topic: Information is Ammunition
Replies: 24
Views: 3198

Did you actually apply for an EEA Family Permit? The refusal reasons look more like a refusal of a spousal visa under UK immigration Rules.
by el patron
Mon Oct 15, 2012 2:45 pm
Forum: Newly Arrived in UK - General How To queries (NO immigration/visa/ILR queries)
Topic: Applying for a NINo *without* EEA2 - possible?
Replies: 1
Views: 1082

Yes, but expect frustration! You need to prove the Treaty rights by other means, which could be more difficult to prove in the case of extended family members, need to evidence relationship to EEA national and dependency/membership of the household. If all fails refer to the directive - Article 25 G...
by el patron
Thu Oct 11, 2012 1:24 pm
Forum: Claiming Benefits
Topic: Housing benefit on residence card
Replies: 4
Views: 2269

Apply for an EEA permanent residence document, then wait 12 months and naturalise, that would be the most straightforward way to do it. Although as you are a British citizen would she need to wait 12 months before naturalising? Might be worth investigating if she needs to wait 12 months after obtain...
by el patron
Wed Oct 10, 2012 12:42 pm
Forum: Claiming Benefits
Topic: Housing benefit on residence card
Replies: 4
Views: 2269

I can't see any reason why you would be unable to claim housing benefit etc. Your wife would be entitled in her own right to claim such benefits as she is a family member of an EEA national and as you are aware because of your working outside the UK in the past you have treaty rights. There is almos...
by el patron
Wed Oct 10, 2012 10:12 am
Forum: Claiming Benefits
Topic: EEA Family Permit residence card holder claiming benefits
Replies: 3
Views: 4481

Yes he has the same entitlement as you to claim benefits, he is not classed as a 'person from abroad' for benefits purposes and is exempt from the habitual residence test. The benefits office staff may try to give him the run around though! Print this out and get him to take it along when he is havi...
by el patron
Mon Oct 01, 2012 2:30 pm
Forum: EU Settlement Scheme
Topic: Northern Irish. Renounce british citizenship. Non eu spouse
Replies: 33
Views: 8315

There is a strong force in the Good Friday agreement argument if the person is a Citizen but never applied for a British Passport, rather the person from the onset has claimed Irish Citizenship and never considered themselves british. If however there is evidence that Irish Nationality was only sou...