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by Richard W
Fri Jan 17, 2020 12:01 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...
by Richard W
Wed Jan 15, 2020 10:21 pm
Forum: British Citizenship
Topic: UK passport advice - two surnames
Replies: 8
Views: 2399
England

Re: UK passport advice - two surnames

Also they technically do not allow dual citizenship, however I have been told by government officials in that country a blind eye is turned to western nationals who also hold citizenship in this country. Please expand on 'do not allow'. There are various positions with very difficult outcomes, e.g....
by Richard W
Wed Jan 15, 2020 9:56 pm
Forum: EU Settlement Scheme
Topic: EEA wants to get married with Illegal Immigrant!
Replies: 3
Views: 691
England

Re: EEA wants to get married with Illegal Immigrant!

On the face of it, marriage in the UK doesn't turn your status from illegal to legal. A marriage of convenience in the UK could turn enable the Home Office to change the brothers' status from legal to illegal. If the couple married in the UK, and the brother is a qualified person, a valid marriage ...
by Richard W
Wed Jan 15, 2020 9:45 pm
Forum: EU Settlement Scheme
Topic: EEA EFM COA without right to work
Replies: 13
Views: 1682
England

Re: EEA EFM COA without right to work

I received in November a COA with the right to work, which made me feel comfortable as I waited for my BRP. I don't know why I did but it was great to show my job they didn't need to look for a new applicant. Good luck with you all! Family permits and residence cards for EFMs are different to famil...
by Richard W
Wed Jan 15, 2020 9:12 pm
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

A symmetric solution would be, for the EEA Regulations, to treat all nationals of EEA states who have ever been British as though they were still British. Is this definitely prohibited by EU law? (I expect that the answer is that it is, but I don't know that it is.) Wasn't that the losing argument ...
by Richard W
Sun Jan 12, 2020 11:33 am
Forum: EU Settlement Scheme
Topic: EU Pensioner applying for EU Settlement Status
Replies: 2
Views: 338
England

Re: EU Pensioner applying for EU Settlement Status

The post does belong here. If she has used a different Czech passport in the UK, I suggest you try entering that passport's number. Otherwise, you'll have to contact the 'EU Settlement Resolution Centre', Telephone: 0300 123 7379. Is she known to the UK tax or benefits systems? She may well have to ...
by Richard W
Sun Jan 12, 2020 11:01 am
Forum: EU Settlement Scheme
Topic: EEA Settlement Scheme Family Permit
Replies: 10
Views: 1164
England

Re: EEA National with ILR, spouse from PK

Fkhan1992 wrote:
Fri Jan 10, 2020 9:09 pm
My question is, would I have to apply for a spouse visa for my finance from Pakistan once we get married in April and I would like to bring her over to the UK? Or would I have to apply for the EEA family permit scheme?
A family permit is the appropriate visa-like item.
by Richard W
Sat Jan 11, 2020 11:18 pm
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

Whatever views one may hold as to the right of Britain to be in Ireland, under international Law Northern Ireland is considered as a British Province, so my view or anyone else's on that matter, does not change that fact. A' person in the 6 counties of the North of Ireland, cannot be treated differ...
by Richard W
Sat Jan 11, 2020 4:44 pm
Forum: British Citizenship
Topic: Expired BRP applying MN1 for children
Replies: 2
Views: 436
England

Re: Expired BRP applying MN1 for children

You should have received threats demanding that their BRPs be renewed. Failure to apply for renewal can result in a fine of up to £1,000 (or so the Home Office says). Have you changed address and failed to tell the Home Office? The first step in enforcement should be to send a reminder.
by Richard W
Sat Jan 11, 2020 4:23 pm
Forum: British Citizenship
Topic: Why did we get married in Italy?
Replies: 2
Views: 389
England

Re: Why did we get married in Italy?

1. My (Belgian) passport is in my birth name and cannot be changed 3. I have been using my married name for tax, bills, health etc for the past 15 years If you continue to use your married name, you will only be eligible for a British passport if you can get a statement from the Belgian embassy or ...
by Richard W
Sat Jan 11, 2020 3:57 pm
Forum: EU Settlement Scheme
Topic: Family Card of Eu Citizen
Replies: 12
Views: 1074
England

Re: Family Card of Eu Citizen

I can provide to the customs the following documents : ... What I am worried they can say is that this regulation applies to EU passport holders to enter UK without EU permit but I am British passport holder. But by the Surinder Singh clause (Section 9 of the Immigration (EEA) Regulations 2016), th...
by Richard W
Sat Jan 11, 2020 3:36 pm
Forum: EU Settlement Scheme
Topic: Post Brexit immigration out of UK and back to UK
Replies: 2
Views: 471
England

Re: Post Brexit immigration out of UK and back to UK

Settled status allows for absences of up to five years at a time. So, provided that your wife has settled status and provided the absence is not longer than five years, she will be allowed back in. And, unlike normal ILR, visits to the UK restart the 5 year clock - at least, according to the Withdr...
by Richard W
Fri Jan 10, 2020 8:40 pm
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

The UK Government has explicitly acknowledged that it has been breaching the rights of Irish Nationals born in Northern Ireland who do not identify themselves as British Citizen. I thought the courts had already ruled that those who identify as Irish should not be treated as British citizens agains...
by Richard W
Fri Jan 10, 2020 2:27 am
Forum: EU Settlement Scheme
Topic: family permit for my Brazilian husband
Replies: 2
Views: 457
England

Re: family permit for my Brazilian husband

apply for eea family permit for husband. once husband in uk apply for residence card eea regulations or eu settlement scheme then husband can work in uk if granted. As he is Brazilian, he does not need a family permit if you have PR or are a 'qualified person', e.g. in work. However, he should brin...
by Richard W
Fri Jan 10, 2020 1:57 am
Forum: EU Settlement Scheme
Topic: Non-EU getting married to EU citizen (settled status) AFTER 31 Jan 2020 eligible for pre-settled status?
Replies: 6
Views: 1007
England

Re: Non-EU getting married to EU citizen (settled status) AFTER 31 Jan 2020 eligible for pre-settled status?

I would strongly advise against using Ireland. Normal and legal route is to apply for FP in your country of origin/residence. Don’t ruin your immigration history with Irish tricks The OP's plan is lawful provided he doesn't lie to an immigration officer and didn't lie to obtain his visa. There are ...
by Richard W
Fri Jan 10, 2020 1:16 am
Forum: British Citizenship
Topic: Which is better - Application for British Citizenship by Descent or Naturalisation?
Replies: 9
Views: 1017
England

Re: Which is better - Application for British Citizenship by Descent or Naturalisation?

Also there may be a timing issue if you prove you've become citizen by descent retrospectively. If you naturalize you become citizen at the ceremony. Acquisition of citizenddship by registration is not retroactive. There is a significant difference between establishing that one is a citizen and acq...
by Richard W
Wed Jan 08, 2020 7:26 pm
Forum: British Citizenship
Topic: Which is better - Application for British Citizenship by Descent or Naturalisation?
Replies: 9
Views: 1017
England

Re: Which is better - Application for British Citizenship by Descent or Naturalisation?

It is far from unknown for naturalised citizens to have lesser political rights. What do you mean by "lesser political rights"? Any "lesser" treatment (if proven) is considered discriminatory and is an offence. A well-known example is that only 'natural born citizens' of the USA...
by Richard W
Tue Jan 07, 2020 6:58 pm
Forum: British Citizenship
Topic: Naturalisation and settled status in same time
Replies: 10
Views: 891
England

Re: Naturalisation and settled status in same time

One argument for applying for settled status is that naturalisation applications can take a long time to be decided (and can be refused), and it is not clear that the OP is covered by the withdrawal agreement. He has no retained rights as a former family member; merely his permanent residence. I als...
by Richard W
Tue Jan 07, 2020 6:22 pm
Forum: British Citizenship
Topic: Which is better - Application for British Citizenship by Descent or Naturalisation?
Replies: 9
Views: 1017
England

Re: Which is better - Application for British Citizenship by Descent or Naturalisation?

No, Citizenship is equal for all - no matter how it's obtained. Otherwise, it will be breach of fundamental rights of the democracy, which states that all men and women are equal. :) It is far from unknown for naturalised citizens to have lesser political rights. What is true is that citizenship by...
by Richard W
Mon Jan 06, 2020 7:21 pm
Forum: EU Settlement Scheme
Topic: Marrying another EU citizen after being granted ILR
Replies: 2
Views: 460
England

Re: Marrying another EU citizen after being granted ILR

So long as B and C can prove their statuses, there will be no more problem in marrying than British citizens would have. As things currently stand, it seems unlikely that EU citizens will start having to further prove their statuses immediately - the Immigration Bill to remove the privileges of EU c...
by Richard W
Mon Jan 06, 2020 8:52 am
Forum: EU Settlement Scheme
Topic: 6 years old Spanish National Child and her non EU parents to Settle in UK
Replies: 4
Views: 778
England

Re: EU national 6Y old child would like to bring in dependant family in UK from Spain

AFAIK, under EU rules, children cannot sponsor family members. It must be a person exercising treaty rights. There may be a way via the self-sufficiency route. 1. The child is made self-sufficient via a parent working in Spain. 2. Some variation of the precedents from the Chen case and possibly the...
by Richard W
Wed Jan 01, 2020 7:38 pm
Forum: British Citizenship
Topic: Citizen of what country? If born 1918 Southern Rhodesia
Replies: 7
Views: 588
England

Re: Citizen of what country? If born 1918 Southern Rhodesia

My grandfather died in 1949, so before independence. However, the BNA 1948 Section 1(3) clearly implies that Southern Rhodesia was a country with citizens at the time, and I would expect your grandfather to have been one of them. (There are also grants of Scottish nationality postdating the formati...
by Richard W
Tue Dec 31, 2019 4:23 pm
Forum: British Citizenship
Topic: Citizen of what country? If born 1918 Southern Rhodesia
Replies: 7
Views: 588
England

Re: Citizen of what country? If born 1918 Southern Rhodesia

My grandfather was born in Salisbury, Southern Rhodesia in 1918, what kind of citizenship would he have? His father was born in UK and Mother born in Australia. It seems likely to me that your father would have had Zimbabwean nationality in 1984. If he hung onto it until South Africa rejoined the C...
by Richard W
Fri Dec 27, 2019 8:32 pm
Forum: British Citizenship
Topic: Name change on British passport
Replies: 18
Views: 1420
England

Re: Passport received in maiden name

I do not believe deed poll is necessary in your case. If her foreign passport is updated to her married name, HMPO will issue her passport in her married name too. Indeed, changing her name by deed poll but not changing the name in her foreign passport could render her ineligible for a British pass...
by Richard W
Fri Dec 27, 2019 7:57 pm
Forum: EU Settlement Scheme
Topic: What eea kids will get
Replies: 8
Views: 753
England

Re: What eea kids will get

All kids are French national. Third born on 3-3-19. Still waiting for kids status The children qualify for settled status under Conditions EU11.7(a) ("child under the age of 21 years of a relevant EEA citizen") and EU11.7(b)(i) ("The relevant EEA citizen ... has been or is being gran...