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by Richard W
Mon Feb 03, 2020 11:49 pm
Forum: EU Settlement Scheme
Topic: EEA FAMILY APPLICATION
Replies: 2
Views: 490
England

Re: EEA FAMILY APPLICATION

If your target is the UK, you wife needs to move first to the UK and start exercising Treaty Rights while she can (2020). Then only, as an EEA citizen in the UK, she can sponsor you. The OP might be in Poland - what he says is confusing. In law, the OP and his wife can travel to the UK together, bu...
by Richard W
Mon Feb 03, 2020 11:40 pm
Forum: EU Settlement Scheme
Topic: Expired Family Permit - Living abroad atm
Replies: 14
Views: 1508
England

Re: Expired Family Permit - Living abroad atm

richiesuk wrote:
Mon Feb 03, 2020 11:53 am
basically this is the Lounes roue?
Yes.
by Richard W
Mon Feb 03, 2020 11:39 pm
Forum: EU Settlement Scheme
Topic: Non-EU spouse granted settled status while outside of the UK
Replies: 8
Views: 947
England

Re: Non-EU spouse granted settled status while outside of the UK

I'm really sorry but I don't understand. Do you mean I can carry and show some sort of document relating to my wife's settled status? (she is an EU citizen already with settled status in the UK) No, the EU settlement scheme possibly won't help if all you have is an expired visa. (It's conceivable t...
by Richard W
Sun Feb 02, 2020 5:29 pm
Forum: EU Settlement Scheme
Topic: Irish citizen with non E.U fiance looking to exercise my E.U treaty rights for her to live with me post 31 January 2020
Replies: 8
Views: 807
England

Re: Irish citizen with non E.U fiance looking to exercise my E.U treaty rights for her to live with me post 31 January 2

1) What do the home office define as "dependant" is there a certain amount of money I should be sending my partner. What part of the EEA Regulations, the EU Settlement scheme (which is part of the Immigration Rules) or Home Office 'internal' guidance requires that your *wife* be or have b...
by Richard W
Sat Feb 01, 2020 6:00 pm
Forum: EU Settlement Scheme
Topic: Non-EU spouse granted settled status while outside of the UK
Replies: 8
Views: 947
England

Re: Non-EU spouse granted settled status while outside of the UK

My concern is that I would be granted my status while outside of the UK and my current Ancestry BMP and status will become expired and I wanted to see if anyone here could shed some light re. re-entering the UK if this happens as I wouldn't have my new BRC yet. If your spouse is in the UK and and y...
by Richard W
Sat Feb 01, 2020 5:37 pm
Forum: EU Settlement Scheme
Topic: Daughter of EU Member
Replies: 2
Views: 429
England

Re: Daughter of EU Member

Merely by relatedness, your wife and your son are "family members" of her father if and only if they are under the age of 21. If your wife is over 21, she could only qualify if she depends on him rather than you. I'm not sure whether you could qualify as a dependent of your father-in-law. ...
by Richard W
Sat Feb 01, 2020 5:19 pm
Forum: EU Settlement Scheme
Topic: How is your Experience Travelling to the UK with EU Settlement RC
Replies: 9
Views: 1070
England

Re: How is your Experience Travelling to the UK with EU Settlement RC

Do you find any difference travelling with UKRC vs EU Settlement Scheme RC In the interest of clarity, and to avoid misunderstandings for anyone reading, what you are calling "UKRC" should be referred to as "EEA RC". Unfortunately, "EEA RC" could easily be taken to mea...
by Richard W
Fri Jan 31, 2020 6:58 pm
Forum: EU Settlement Scheme
Topic: EEA EFM (Durable Partner) Refusal, Help
Replies: 14
Views: 1415
England

Re: EEA EFM (Durable Partner) Refusal, Help

CR001 wrote:
Fri Jan 24, 2020 3:28 pm
Section 3C protection under the immigration rules does not apply to extended family member RC apllications.
That is debated, and there don't seem to be any relevant judgements.
by Richard W
Fri Jan 31, 2020 6:45 pm
Forum: EU Settlement Scheme
Topic: Irish citizen with non E.U fiance looking to exercise my E.U treaty rights for her to live with me post 31 January 2020
Replies: 8
Views: 807
England

Re: Irish citizen with non E.U fiance looking to exercise my E.U treaty rights for her to live with me post 31 January 2

We are applying for the permit about a week after we get married. Would that raise red flags? Should we wait a number of months after getting married before appoint? I am just concerned that the slightest thing could cause the application to be rejected... If anything, not immediately applying for ...
by Richard W
Thu Jan 30, 2020 10:02 pm
Forum: EU Settlement Scheme
Topic: Irish citizen with non E.U fiance looking to exercise my E.U treaty rights for her to live with me post 31 January 2020
Replies: 8
Views: 807
England

Re: Irish citizen with non E.U fiance looking to exercise my E.U treaty rights for her to live with me post 31 January 2

1) Is it still possible to exercise my E.U treaty rights for my non E.U spouse to live with me in the U.K post 31/01/20 Brexit deadline. Yes, the deadline is now 31/12/20. 2) If the above is possible, will my right to have my non EU spouse be affected if we marry after the 31/01/2020 No, marrying i...
by Richard W
Thu Jan 30, 2020 9:38 pm
Forum: EU Settlement Scheme
Topic: Expired Family Permit - Living abroad atm
Replies: 14
Views: 1508
England

Re: Expired Family Permit - Living abroad atm

anybody ? I presume you had PR when you naturalised as British. I'm puzzled as to why you think you do not come under the category of EEA national in the EEA regulations. You seem to meet the conditions for Lounes to apply, both in the EEA regulations and in the EU settlement scheme, where you woul...
by Richard W
Thu Jan 30, 2020 9:11 pm
Forum: EU Settlement Scheme
Topic: EEA Settlement Scheme Family Permit
Replies: 10
Views: 1164
England

Re: EEA Settlement Scheme Family Permit

Quick question, was going to apply for the EEA Settlement Scheme Family Permit in April for my fiance The EEA settlement scheme does not allow fiancé(e)s to travel to or remain in the UK, only spouses, durable partners and civil partners. For these categories, the requirements and costs are far les...
by Richard W
Thu Jan 30, 2020 1:36 am
Forum: EU Settlement Scheme
Topic: Eu settlement and 5 year
Replies: 2
Views: 447
England

Re: Eu settlement and 5 year

Found below details which says you can be considered for settled status even if you are living less than 5 years in uk! There are also cases where one can achieve PR in less than 5 years. The most notable addition is that children will be granted ILR under the scheme when a parent has been or is be...
by Richard W
Tue Jan 28, 2020 11:26 pm
Forum: EU Settlement Scheme
Topic: husband living in scotland
Replies: 5
Views: 556
England

Re: husband living in scotland

i am applying for a 2 year visit visa to uk as i have one 6 montj. my fiance lives in scotland , and is a EA national. what options do i have for UK spouse visa. EEA family permit or EEA residence card after i get my 2 year visitor visa to uk None, until you are married. Now, if he is working in th...
by Richard W
Tue Jan 28, 2020 11:13 pm
Forum: EU Settlement Scheme
Topic: My husband wants to leave me and our son in England and to go back home
Replies: 2
Views: 619
England

Re: My husband wants to leave me and our son in England and to go back home

We have a son, he is 4 years old and in September he will go to school. It so happened that my husband and I are no longer together and as soon as my son goes to school, his father wants to return to Moldova. We have not divorced yet, we can only get a divorce when someone from us will go to Moldov...
by Richard W
Tue Jan 28, 2020 10:30 pm
Forum: EU Settlement Scheme
Topic: PR for spouse of EU national
Replies: 6
Views: 553
England

Re: PR for spouse of EU national

EU settlement scheme grants settlement status to EEA citizens/family members eligible and it is a meant to be a replacement for Permanent Residence status (PR). ILR is a form of settled status under UK immigration rules granted to non-EU citizens/family members The EU settlement scheme is part of t...
by Richard W
Tue Jan 28, 2020 10:07 pm
Forum: British Citizenship
Topic: Denied citizenship via windrush
Replies: 52
Views: 4397
England

Re: Denied citizenship via windrush

The windrush scheme says it will consider applicants on this 'A person of any nationality, who arrived in the UK before 31 December 1988 and is settled in the UK' so correct me if I'm wrong but the 1st Jan 1983 doesn't mean anything ? 1st January 1983 is when the current law on 'Right of Abode' cam...
by Richard W
Mon Jan 27, 2020 8:30 pm
Forum: EU Settlement Scheme
Topic: PR for spouse of EU national
Replies: 6
Views: 553
England

Re: ILR for spouse of EU national

Zimba wrote:
Mon Jan 27, 2020 4:11 pm
ILR is not appropriate. He should apply for settlement under the EU settlement scheme: https://www.gov.uk/settled-status-eu-citizens-families
And he should then get a privileged sort of ILR, namely ILR under the EU settlement scheme.
by Richard W
Mon Jan 27, 2020 8:26 pm
Forum: EU Settlement Scheme
Topic: EU Settlement Scheme (settled and pre-settled status)
Replies: 3
Views: 741
England

Re: EU Settlement Scheme (settled and pre-settled status)

I am not their biological parent and have no parental responsibility, so they are not classed as my children and they have applied under my wife's application so technically they should have been given pre-settled status..? The freedom of movement directive makes no distinction between children and...
by Richard W
Mon Jan 27, 2020 12:23 am
Forum: British Citizenship
Topic: Travelling on foreign passport after citizenship ceremony but before New passport
Replies: 4
Views: 1072
England

Re: Travelling on foreign passport after citizenship ceremony but before New passport

You have to return your brp card to ho within 5 days of your ceremony. This question was answered in the past but I know the rules have changed since then. What rules exactly? There is advice here to retain the BRP if it is evidence that a child is British. But would using the BRP to travel to the ...
by Richard W
Thu Jan 23, 2020 2:00 am
Forum: British Citizenship
Topic: Born outside Uk to father with Uk citizenship
Replies: 5
Views: 535
England

Re: Born outside Uk to father with Uk citizenship

If I understood you correctly, since my father was a citizen and had permanent residency in the UK during the year I was born, then I am able to apply as a British citizen and possibly have citizenship, am I correct? His being domiciled in the UK in 1997 does not help you - it makes you born illegi...
by Richard W
Wed Jan 22, 2020 7:23 pm
Forum: British Citizenship
Topic: Born outside Uk to father with Uk citizenship
Replies: 5
Views: 535
England

Re: Born outside Uk to father with Uk citizenship

As you were born abroad and your parents were not married at the time of your birth, you will most likely need to register as a British citizen using Form UKF . The fee is only £80. By the Nationality, Immigration and Asylum Act 2002 Section 162(5), Section 47 of the BNA continues to apply for thos...
by Richard W
Fri Jan 17, 2020 8:43 pm
Forum: British Citizenship
Topic: Do I have a chance to get British Citizenship?
Replies: 3
Views: 602
England

Re: Do I have a chance to get British Citizenship?

You probably acquired PR while you were at school. You will have clocked up the 5 years residence for the settlement scheme while you were at school. Since you left school, there have been no gaps of 2 years or more, so your only problem should be to prove that you were resident while you were at sc...
by Richard W
Fri Jan 17, 2020 8:24 pm
Forum: British Citizenship
Topic: UK passport advice - two surnames
Replies: 8
Views: 2399
England

Re: UK passport advice - two surnames

But they stressed I must enter and exit on the passport that I am soon to receive. The USA has the same, and they tolerate dual nationality. I think Iran has a similar rule. Vaza has offered the advice I was thinking of offering, but the problem would be how to get the letter without revealing that...
by Richard W
Fri Jan 17, 2020 12:02 am
Forum: EU Settlement Scheme
Topic: GOOD NEWS FOR PEOPLE IN NORTHERN IRELAND
Replies: 20
Views: 14663
England

Re: GOOD NEWS FOR PEOPLE IN NORTHERN IRELAND

As way back as 1982, in the case of Mosan and Jhanjan , the court has ruled that EU law applies in all cases where a matter is not wholly internal to a Member state. In the judgement I find: 16 IT FOLLOWS THAT THE TREATY PROVISIONS ON FREEDOM OF MOVEMENT FOR WORKERS AND THE RULES ADOPTED TO IMPLEME...