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by Richard W
Fri Mar 04, 2016 9:56 pm
Forum: Referendum-News and Developments
Topic: New EU deal: Free-movement rights gone?
Replies: 358
Views: 33134
England

Re: New EU deal: Free-movement rights gone?

Denmark and Ireland were calling for amendments to 2004/38/EC in 2008 and 2009 after the Metock judgement, apparently with a view to reversing the judgement. Does anyone know of concrete amendments proposed? I've been searching for proposed amendments, but my googling skills don't seem to be up to t...
by Richard W
Fri Mar 04, 2016 7:04 pm
Forum: Referendum-News and Developments
Topic: UK-EU deal: ramifications
Replies: 18
Views: 3366
England

Re: UK-EU deal: ramifications

However, even with a vote to remain in the EU, uncertainty may rumble on for another year. There's how the 'clarifications' are interpreted, and the amendment of the citizens' directive may take until early 2017.
by Richard W
Thu Mar 03, 2016 11:09 pm
Forum: Referendum-News and Developments
Topic: New EU deal: Free-movement rights gone?
Replies: 358
Views: 33134
England

Re: New EU deal: Free-movement rights gone?

They can't start acting on the clarifications until those clarifications are given some force of law - they may wish to do so, but I'm sure any attempt to use them would be struck down by the courts. I'm not so sure. This could be compared to the check that someone is of good character when he appl...
by Richard W
Thu Mar 03, 2016 10:42 pm
Forum: Referendum-News and Developments
Topic: New EU deal: Free-movement rights gone?
Replies: 358
Views: 33134
England

Re: New EU deal: Free-movement rights gone?

I think vague is certainly an apt word to describe the entire situation of what the state of the UK will be in after an exit vote. But this thread is primarily about what will happen if there is a vote to remain in the EU. One of the arguments that making the rules for bring in family members depen...
by Richard W
Thu Mar 03, 2016 1:41 am
Forum: Referendum-News and Developments
Topic: New EU deal: Free-movement rights gone?
Replies: 358
Views: 33134
England

Re: New EU deal: Free-movement rights gone?

Under International treaties, the UK will have to apply EU law to all those who resided in the UK, before it abandon the treaty, so the whole idea of this thread is a complete Baloney. UK citizens in other countries will be protected, and UK citizens in other countries will be protected. The questi...
by Richard W
Thu Mar 03, 2016 1:04 am
Forum: British Citizenship
Topic: RoA CoE for a British citizen child born in India
Replies: 196
Views: 22790
England

Re: Right to Abode for Baby born in India for British citize

naveenk wrote: From the subject line and wording of the email, does it indicate anything about approved or not ?
I think not. Applicants usually have to wait until they collect the passports to know whether an application has been successful.
by Richard W
Wed Mar 02, 2016 11:46 pm
Forum: Referendum-News and Developments
Topic: New EU deal: Free-movement rights gone?
Replies: 358
Views: 33134
England

Re: New EU deal: Free-movement rights gone?

I still think that reversing Metock is the best explanation of the declared proposed change, but the effects will be more far-reaching, especially with regard to fees... I'm now sure of it. The Danish prime minister, Lars Løkke Rasmussen, is quoted in a Danish article The Utopia of pre-Metock? as s...
by Richard W
Wed Mar 02, 2016 9:42 pm
Forum: EU Settlement Scheme
Topic: UK: Waiting for residency permit, legal to overstay?
Replies: 6
Views: 1254
England

Re: UK: Waiting for residency permit, legal to overstay?

FP = family permit. It's effectively the visa for family members of EEA nationals.
by Richard W
Wed Mar 02, 2016 9:01 pm
Forum: Referendum-News and Developments
Topic: New EU deal: Free-movement rights gone?
Replies: 358
Views: 33134
England

Re: New EU deal: Free-movement rights gone?

So I'm UK citizen (but living outside the EU). I have a non-EU spouse and step-daughter. We were planning a move next year to Spain under free-movement, actually in the spirit of the treaty - that is to live and work there long-term, not as a precursor for the SS route. Any thoughts / opinions / po...
by Richard W
Wed Mar 02, 2016 6:46 pm
Forum: Referendum-News and Developments
Topic: New EU deal: Free-movement rights gone?
Replies: 358
Views: 33134
England

Re: New EU deal: Free-movement rights gone?

It's also about removing the anomaly that the French have more right to bring their families to the UK than do the British. I don't see any anomaly. You may not see an anomaly, but let David Cameron's prime ministerial statement of 19 February speak for his perception and his understanding of an ef...
by Richard W
Wed Mar 02, 2016 1:12 am
Forum: British Citizenship
Topic: Treaty Rights after getting PR for naturalization
Replies: 4
Views: 202
England

Re: Treaty Rights after getting PR for naturalization

How about your wife - does she have a PR card to confirm she has acquired PR? She will need one if she has ambitions for privilege of citizenship. It might be a good idea for her to get one just in case some idiot has a crackdown on EU citizens with no right to be in the UK - e.g. by suddenly charg...
by Richard W
Tue Mar 01, 2016 11:44 pm
Forum: Referendum-News and Developments
Topic: New EU deal: Free-movement rights gone?
Replies: 358
Views: 33134
England

Re: New EU deal: Free-movement rights gone?

This isn't just about marriages of convenience. It's also about removing the anomaly that the French have more right to bring their families to the UK than do the British. The hardest hit are those where a British spouse wants to bring his or especially her spouse and children to the UK. The anomaly...
by Richard W
Tue Mar 01, 2016 11:20 pm
Forum: Referendum-News and Developments
Topic: New EU deal: Free-movement rights gone?
Replies: 358
Views: 33134
England

Re: New EU deal: Free-movement rights gone?

These changes are proposal which has to go through various stages of legal process. It will be inconsistent with recital 5 of Directive 2004/38EC. The directive will have to be repealed as they are not even consistent with the directive . It's quite clear that this 'complement' to 2004/38/EC will a...
by Richard W
Tue Mar 01, 2016 11:06 pm
Forum: Referendum-News and Developments
Topic: New EU deal: Free-movement rights gone?
Replies: 358
Views: 33134
England

Re: New EU deal: Free-movement rights gone?

I think so. However, you may be snookered by the implementation of 'before marrying a Union citizen'.
by Richard W
Tue Mar 01, 2016 10:08 pm
Forum: Referendum-News and Developments
Topic: New EU deal: Free-movement rights gone?
Replies: 358
Views: 33134
England

Re: New EU deal: Free-movement rights gone?

I've been asked what I meant by "you might be able to enter Italy with a view to settlement, and then promptly enter the UK under free movement"? One can get an idea of the meaning of "who had no prior lawful residence in a Member State before marrying a Union citizen" by looking...
by Richard W
Tue Mar 01, 2016 7:19 pm
Forum: British Citizenship
Topic: Return BRP after Citizenship Ceremony within 5 days
Replies: 118
Views: 52312
England

Re: Return BRP after Citizenship Ceremony within 5 days

I don't believe the HO is yet ready to strip your wife of British citizenship for using her old BRP. Her BRP will have been cancelled. However, I haven't yet heard of people not being able to board with cancelled BRPs, so I suspect she will be able to fly back to the UK. The problem will ensue at th...
by Richard W
Mon Feb 29, 2016 11:45 pm
Forum: British Citizenship
Topic: Questions regarding BRP card and Naturalisation
Replies: 30
Views: 4433
England

Re: Questions regarding BRP card and Naturalisation

Perhaps someone who never had an ILR stamp or sticker and now lacks a BRP can wing it with a current driving licence and a letter from a local chemist. But otherwise... This make little sense as no ILR holders would 'never' have had a visa vignette in their passports or a BRP. :? For the right-to-r...
by Richard W
Mon Feb 29, 2016 11:28 pm
Forum: British Citizenship
Topic: Questions regarding BRP card and Naturalisation
Replies: 30
Views: 4433
England

Re: Questions regarding BRP card and Naturalisation

https://www.gov.uk/transfer-visa £183 transfer fee - expired passport ILR to BRP If you have ILR you can transfer your visa to a BRP by applying for a ‘no time limit stamp’ (NTL). £260 No Time Limit (NTL) stamp Simple. Life is a glass half full for some...and half empty for others. :| ILR passport ...
by Richard W
Mon Feb 29, 2016 10:05 pm
Forum: British Citizenship
Topic: Questions regarding BRP card and Naturalisation
Replies: 30
Views: 4433
England

Re: Questions regarding BRP card and Naturalisation

Not sure why you think '60 years worth of utility bills' would be required just to renew a BRP ILR card or perhaps later on after a few years applying for citizenship, when these documents are not required now if following the UK immigration route of visa>>ILR>>BC. You said no-one was being forced ...
by Richard W
Mon Feb 29, 2016 9:45 pm
Forum: British Citizenship
Topic: Questions regarding BRP card and Naturalisation
Replies: 30
Views: 4433
England

Re: Questions regarding BRP card and Naturalisation

That's an extreme and rather pessimistic view (dismissal/homelessness)! What do you think will happen to those on ILR and without a BRP when a new employer takes over the business? Do you think he'll take a risk with a transferred employee because the old employer didn't have any problems? Those wi...
by Richard W
Mon Feb 29, 2016 7:22 pm
Forum: British Citizenship
Topic: Questions regarding BRP card and Naturalisation
Replies: 30
Views: 4433
England

Re: Questions regarding BRP card and Naturalisation

No one is forcing the OP to apply are they? I'm not so sure. If the OP is young, maintaining a BRP for life could get quite onerous. 60 years worth of utility bills is a lot to supply towards the end of one's life. The penalties for failing in renewing one's BRP may include dismissal (TUPE) and soo...
by Richard W
Mon Feb 29, 2016 6:45 pm
Forum: British Citizenship
Topic: Questions regarding BRP card and Naturalisation
Replies: 30
Views: 4433
England

Re: Questions regarding BRP card and Naturalisation

There is no way that you can 'beat the system' if your country does not allow dual nationality. Only British Citizens can get CoE or RoA, so it will be known you are British by choice. That's not quite true. There are Commonwealth citizens born before 1983 who have Right of Abode. In particular Sin...
by Richard W
Mon Feb 29, 2016 5:47 pm
Forum: Referendum-News and Developments
Topic: New EU deal: Free-movement rights gone?
Replies: 358
Views: 33134
England

Re: New EU deal: Free-movement rights gone?

I've flattened the quote structure. For example, a Frenchman moving with his non-EU spouse spouse to the UK would have to come in on the points-based system, and an Englishman moving to France would need a work permit. There are no changes to free movement for the EU spouse - it's the non-EU partner...
by Richard W
Sun Feb 28, 2016 9:48 pm
Forum: British Citizenship
Topic: British Nationality could it be revoked -not free to marry.
Replies: 51
Views: 7811
England

Re: British Nationality could it be revoked -not free to mar

He may have been domiciled in US at time of 1st marriage; 1st wedding was in US! not in Pakistan - does Pakistan have jurisdiction over US wedding contracts? Why not? Scottish courts can terminate marriages contracted in England and English courts can terminate marriages contracted in Thailand. Wha...
by Richard W
Sun Feb 28, 2016 9:17 pm
Forum: British Citizenship
Topic: British Nationality could it be revoked -not free to marry.
Replies: 51
Views: 7811
England

Re: British Nationality could it be revoked -not free to mar

Hard to see how anyone savvy enough to live, work & marry in a Western country (US) can think a local Pakistan divorce can overturn a marriage contracted in US jurisdiction. In Pakistani law, why would a Pakistani divorce not terminate the marriage of a male Pakistani resident and domiciled in ...