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by Richard W
Wed Mar 16, 2016 11:34 pm
Forum: EU Settlement Scheme
Topic: PASSPORT RETURN REFUSED
Replies: 31
Views: 3831
England

Re: PASSPORT RETURN REFUSED

Unfortunately, I am no expert in this matter, but I fear that to understand the position we need at least the core text of the letter. Real names should be replaced in the text, e.g. as though Parparcita's name were Maria Castro Suarez de Duval . Should Parparcita reply to the letter pointing out th...
by Richard W
Wed Mar 16, 2016 8:15 pm
Forum: EU Settlement Scheme
Topic: PASSPORT RETURN REFUSED
Replies: 31
Views: 3831
England

Re: PASSPORT RETURN REFUSED

The guidance clearly instructs caseworker to follow the 4 stages in sequence. And only proceed to next stage if the previous/current stage (ie test or check) succeeds or passes. The relationship test is at stage 2 and this must be what triggered the email to OP about their relationship. A "No ...
by Richard W
Tue Mar 15, 2016 11:05 pm
Forum: British Citizenship
Topic: How to apply for UK passport for pre ww2 polish citizen
Replies: 17
Views: 1543
England

Re: How to apply for UK passport for pre ww2 polish citizen

Hubert said that his uncle parents were Polish so he was born as Polish Citizen, it does't matter if the place of his birth is in Poland now if it was in Poland than. I'm beginning to believe the uncle is ethnically Polish, but it hasn't been stated. I'm still not clear on how the Germans of pre-wa...
by Richard W
Tue Mar 15, 2016 10:47 pm
Forum: EU Settlement Scheme
Topic: PASSPORT RETURN REFUSED
Replies: 31
Views: 3831
England

Re: PASSPORT RETURN REFUSED

YEs, we submitted certificate and certificated translation, also the marriage book with our sons birth details translated as well. Thanks for answering As you can see from HO guidance the caseworker is likely following their internal 4-stage process to assess your application. You have evidently fa...
by Richard W
Tue Mar 15, 2016 7:41 pm
Forum: British Citizenship
Topic: From 12/11 PR Document Required for Citizenship Application
Replies: 90
Views: 19775
England

Re: From 12/11 PR Document Required for Citizenship Applicat

Yes, any EEA national (or family dependent) applying for the privilege of citizenship now has to submit a confirmation of PR card; it is one of the mandatory requirements for naturalisation. Sorry to be pedantic, but ILR is an acceptable alternative. (I believe RoA is also an alternative.) There ar...
by Richard W
Tue Mar 15, 2016 7:02 pm
Forum: EU Settlement Scheme
Topic: PASSPORT RETURN REFUSED
Replies: 31
Views: 3831
England

Re: PASSPORT RETURN REFUSED

Was there any acknowledgement of a residence card having been applied for? I'm wondering if the case worker saw your student visa had expired and simply looked no further. Well, it can be possible, but it would be really misleading from them... My idea is that the case worker somehow forgot about t...
by Richard W
Tue Mar 15, 2016 6:00 pm
Forum: British Citizenship
Topic: British Citizenship Eligibility
Replies: 3
Views: 336
England

Re: British Citizenship Eligibility

My mother did formally renounce to her citizenship ( there's a court document giving her belgian nationality that states it) so I guess she must proceed with the RS1 form. Is there no possibility at all, apart from my mum case, for me to register as a British Citizen or ask for my cas to be reviewe...
by Richard W
Tue Mar 15, 2016 9:03 am
Forum: British Citizenship
Topic: How to apply for UK passport for pre ww2 polish citizen
Replies: 17
Views: 1543
England

Re: How to apply for UK passport for pre ww2 polish citizen

seems like he is Polish citizen as anyone who was born in Poland, he can apply for Polish passport. I don't follow your logic here, as Polish citizenship is generally inherited, and not derived from place of birth or residential status of parents. A more serious issue, in the absence of information...
by Richard W
Mon Mar 14, 2016 7:49 pm
Forum: EU Settlement Scheme
Topic: EEA/Surindher Singh situation question
Replies: 24
Views: 860
England

Re: EEA/Surindher Singh situation question

That would work with no rule changes - though presumably it will slow your writing down. From what you've said, you may escape the collateral damage of the rule changes. Which rule changes are these? As part of the negotiations with Britain over EU membership terms prior to the forthcoming leave/re...
by Richard W
Mon Mar 14, 2016 7:08 pm
Forum: British Citizenship
Topic: How to apply for UK passport for pre ww2 polish citizen
Replies: 17
Views: 1543
England

Re: How to apply for UK passport for pre ww2 polish citizen

Unless your uncle has a British wife you have not told us about, he can only be naturalised as British if he intends to live in the UK thereafter. Regardless, you need to find out on what basis he is living in the UK. To that end, you need to find a travel document, passport or letter demonstrating ...
by Richard W
Mon Mar 14, 2016 6:58 pm
Forum: British Citizenship
Topic: British Citizenship Eligibility
Replies: 3
Views: 336
England

Re: British Citizenship Eligibility

she then went to live in Belgium, opted for belgian nationality because she wanted to teach small children and it was then an obligation to be belgian to do so then she married my belgian dad and stayed in Belgium where I was born (1975) Now, she'd like to recover her british citizenship but she do...
by Richard W
Sun Mar 13, 2016 5:30 pm
Forum: EU Settlement Scheme
Topic: EEA/Surindher Singh situation question
Replies: 24
Views: 860
England

Re: EEA/Surindher Singh situation question

Is it not possible, you think, just for me to get a job here and do the standard SS route? That would work with no rule changes - though presumably it will slow your writing down. From what you've said, you may escape the collateral damage of the rule changes. Moreover, the rule change might not ge...
by Richard W
Sun Mar 13, 2016 11:22 am
Forum: EU Settlement Scheme
Topic: EEA/Surindher Singh situation question
Replies: 24
Views: 860
England

Re: EEA/Surindher Singh situation question

It means "Study Sean Ambrose McCarthy's legal bill" (technically, I suppose, Patricia McCarthy's). You'll have to take your case as far as the European Court of Justice. Your wife may also fall foul of the proposed change to the citizens' directive, excluding "spouses who had no prior...
by Richard W
Sun Mar 13, 2016 1:55 am
Forum: EU Settlement Scheme
Topic: EEA/Surindher Singh situation question
Replies: 24
Views: 860
England

Re: EEA/Surindher Singh situation question

The bad news is that Spain's decision that you qualified as "self-sufficient" would justify refusing to accept your wife as an EEA family-member under the UK regulations. You'd have to show that the UK regulations were inconsistent with the EU treaties.
by Richard W
Sun Mar 13, 2016 1:31 am
Forum: British Citizenship
Topic: Child passport application -asked for more information
Replies: 11
Views: 482
England

Re: Child passport application -asked for more information

Its not clear if parents are married but OP seems o say their bcs (for parents of child) were requested. Those documents will not answer any question about paternity of the child. The parents' birth certificates may be wanted to support the statements as to who the child's grandparents are. Beyond ...
by Richard W
Sat Mar 12, 2016 10:13 pm
Forum: British Citizenship
Topic: Child passport application -asked for more information
Replies: 11
Views: 482
England

Re: Child passport application -asked for more information

A parent's birth certificate does not speak about the paternity of a child! And that is what is said to have been asked for - evidently by an untrained &/or inexperienced (and no doubt overworked/underpaid) caseworker. <snip> Child's birth certificate and marriage certificate are all that are r...
by Richard W
Sat Mar 12, 2016 8:07 pm
Forum: EU Settlement Scheme
Topic: EEA/Surindher Singh situation question
Replies: 24
Views: 860
England

Re: EEA/Surindher Singh situation question

To get your wife her residence card, you need to have been exercising one of your treaty rights:
  • As a worker;
  • As a self-sufficient person; or
  • As a student
Do you know which right Spain deemed you to have been exercising?
by Richard W
Sat Mar 12, 2016 7:41 pm
Forum: EU Settlement Scheme
Topic: permanent residency
Replies: 5
Views: 357
England

Re: permanent residency

I REALLY FORGOT TO MENTION ONE IMPORTANT THING: I'm at moment receiving maternity allowance, due to finish in June/July. Do I need to wait to apply to PR card, or can I apply now while on break from work? I will go back to work after maternity allowance finish. I'm self employed and have been like ...
by Richard W
Sat Mar 12, 2016 6:34 pm
Forum: British Citizenship
Topic: Child passport application -asked for more information
Replies: 11
Views: 482
England

Re: Child passport application -asked for more information

It's probably worth the mother's (I.e. Olga 's) while to apply for a permanent residence card to simplify reproof that the baby is British lest its passports not be accepted as evidence of Britishness for its children. It may also simplify British passport applications for future children. Formally,...
by Richard W
Sat Mar 12, 2016 6:02 pm
Forum: British Citizenship
Topic: HO is gone strange, Please help
Replies: 21
Views: 1510
England

Re: HO is gone strange, Please help

If you were a minor when you received ILR, you might yet be naturalised, as there is a view that children should not be punished for the sins of their fathers. (I presume your father brought you to the UK.) In particular, the courts have recently ruled that children can't be refused registration as ...
by Richard W
Sat Mar 12, 2016 5:45 pm
Forum: EU Settlement Scheme
Topic: EEA/Surindher Singh situation question
Replies: 24
Views: 860
England

Re: EEA/Surindher Singh situation question

biblapmcdantope wrote:Thanks for the replies.

MEMBER: My wife has a five year working visa as spouse of EU resident.
Which treaty right does Spain believe you're exercising? Or have they not categorised you?
by Richard W
Sat Mar 12, 2016 5:34 pm
Forum: EU Settlement Scheme
Topic: EEA PR card application
Replies: 107
Views: 4925
England

Re: EEA PR card application

ivetalopes wrote:What is the difference between self sufficient and employed?
Think of 'self-sufficient' as 'independently wealthy', but the threshold is quite low, and can even include being kept by one's non-EEA spouse. From what you say, you've been a worker, so you don't need to worry abut the concept.
by Richard W
Sat Mar 12, 2016 5:07 pm
Forum: EU Settlement Scheme
Topic: Right of residence
Replies: 13
Views: 547
England

Re: Right of residence

I know it seems straight forward but I just want to have her apply for the correct EEA form. She is a bit insecure and needs reassurance with these things. I don't blame her for feeling insecure. Is she covered by Surinder Singh, or by the misapprehension that dual national British/non-British EU n...
by Richard W
Fri Mar 11, 2016 10:44 pm
Forum: British Citizenship
Topic: URGENT PROBLEMS WITH MY NAME TO APPLY FOR BRITISH PASSPORT
Replies: 5
Views: 817
England

Re: URGENT PROBLEMS WITH MY NAME TO APPLY FOR BRITISH PASSP

The solution seems to be to include evidence in your application that you cannot change the name on the passport of your original nationality. That way, you will get a British passport in the name of "Patricia Maria McDonald" along with the observation, "The holder is also known as Pa...
by Richard W
Thu Mar 10, 2016 9:49 pm
Forum: EU Settlement Scheme
Topic: PASSPORT RETURN REFUSED
Replies: 31
Views: 3831
England

Re: PASSPORT RETURN REFUSED

Was there any acknowledgement of a residence card having been applied for? I'm wondering if the case worker saw your student visa had expired and simply looked no further.