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by Richard W
Fri Feb 26, 2016 6:24 pm
Forum: British Citizenship
Topic: Child born to settled EEA national
Replies: 8
Views: 346
England

Re: Child born to settled EEA national

ohara wrote:Edited: seems you can only get the form from the post office now :!:
What's going wrong at the page pointed to by https://www.gov.uk/apply-renew-passport ?
by Richard W
Fri Feb 26, 2016 6:06 pm
Forum: British Citizenship
Topic: British Passport Revoked
Replies: 63
Views: 8635
England

Re: British Passport Revoked

The Secretary of state has to prove 2 things as the evidential burden is upon her. She needs to show that the discretion under section 3 (1) was exercised on the basis of misrepresentation, and that this misrepresentation was material to the exercise of her discretion under 3(1). At the moment, she...
by Richard W
Fri Feb 26, 2016 2:07 am
Forum: Referendum-News and Developments
Topic: New EU deal: Free-movement rights gone?
Replies: 358
Views: 33060
England

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

I am guessing (and I am most certainly a legal layman here!) that you and your spouse may have to meet the financial requirements for sponsoring a non-UK, non-EEA national which means an annual income of £18 600 (more with children). Your spouse would also likely need to have that job and income ov...
by Richard W
Fri Feb 26, 2016 12:32 am
Forum: British Citizenship
Topic: British Passport Revoked
Replies: 63
Views: 8635
England

Re: British Passport Revoked

Yes he did and applied for our passports. Which we had for over 20 years but now the home office said they were obtained on our behalf fraudulently. So we're trying to register ourselves now as adults. Does your family still possess your father's naturalisation certificate? Have you looked at it si...
by Richard W
Fri Feb 26, 2016 12:26 am
Forum: British Citizenship
Topic: British Passport Revoked
Replies: 63
Views: 8635
England

Re: British Passport Revoked

Given all the circumstances, i.e. length of time, I doubt that the Courts would support the revocation of your citizenship, especially if it's contrary to the Home Office's own caseworkers' instructions . What has actually been revoked? The passports or the British citizenships? My understanding fr...
by Richard W
Fri Feb 26, 2016 12:02 am
Forum: British Citizenship
Topic: Right to abode
Replies: 4
Views: 400
England

Re: Right to abode

Well, I'm no expert on Uzbek law and it seems that some claim that what goes on is not related to the law. I seem to have found the Uzbek law on citizenship both in Russian and a slightly older version in English. The relevant parts seem to be Article 21 on forfeiture of citizenship, which says noth...
by Richard W
Thu Feb 25, 2016 9:51 pm
Forum: British Citizenship
Topic: UK Born Child but without any nationality
Replies: 7
Views: 398
England

Re: UK Born Child but without any nationality

I was on the phone just now with the Home Office and essentially the agent said the same thing as Noajthan. I hope you told the agent your nationality, because the answer depends on the nationality of the parents. For example, the children of Australians born outside Australia isn't born Australian...
by Richard W
Thu Feb 25, 2016 9:37 pm
Forum: British Citizenship
Topic: Right to abode
Replies: 4
Views: 400
England

Re: Right to abode

I must confess that the principle of a right of abode sticker makes no sense to me. My understanding is that anyone born since 1983 who holds right of abode in the UK is a British citizen, so such a sticker screams 'I am a British citizen'. A lot depends on what is meant by 'Uzbekistan does not reco...
by Richard W
Thu Feb 25, 2016 9:23 pm
Forum: British Citizenship
Topic: 3yeRs or 5 years? French With BC spouse.....
Replies: 11
Views: 413
England

Re: 3yeRs or 5 years? French With BC spouse.....

The most galling thing must be that when Maria41 arrived in 1997, she was automatically considered to be settled, just like an Irishwoman. I don't think my EU tenants who sponsored a fiancé and a fiancée in those days had been in the UK for five years.
by Richard W
Thu Feb 25, 2016 9:01 pm
Forum: Referendum-News and Developments
Topic: New EU deal: Free-movement rights gone?
Replies: 358
Views: 33060
England

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

Just make sure your wife remains a worker until you get your permanent residence. However, there remains the issue of what rules apply to the 2nd EU state a couple reside in. You, Nemerkh, should be OK because you are already in your 2nd EU state. (What happens if England leaves the EU is another qu...
by Richard W
Thu Feb 25, 2016 8:51 pm
Forum: British Citizenship
Topic: British Passport Revoked
Replies: 63
Views: 8635
England

Re: British Passport Revoked

I'm guessing that your parents were Nigerian. However, I can't then work out why in 1991 your father thought your mother was British. Have you been told more about what was on your passport application? Was it claimed that she was born in the UK? I'm now wondering if your father thought your mother...
by Richard W
Thu Feb 25, 2016 6:43 pm
Forum: British Citizenship
Topic: British Passport Revoked
Replies: 63
Views: 8635
England

Re: British Passport Revoked

The facts are coming out very slowly. The first claim is that Thisgirlcan's father, when he successfully applied for naturalisation as British, included Thisgirlcan and her sister in his application. Were their names included on the naturalisation certificate? If their names were, then they are, or ...
by Richard W
Thu Feb 25, 2016 9:08 am
Forum: Referendum-News and Developments
Topic: New EU deal: Free-movement rights gone?
Replies: 358
Views: 33060
England

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

Your answer is very misleading. Those people who have already got their family permits will by law have acquired parmanent residence after five years provided they meet all the current requirements. To suggest that they will suddenly be required to meet the new regulations after they have already l...
by Richard W
Thu Feb 25, 2016 8:45 am
Forum: Referendum-News and Developments
Topic: New EU deal: Free-movement rights gone?
Replies: 358
Views: 33060
England

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

How about self sufficient eu national and a working noneu spouse If the couple cannot be self-sufficient as a couple, they may have big problems with national immigration laws. One way for governments around the issue of barriers to free movement within the EU might be for the immigration rules not...
by Richard W
Thu Feb 25, 2016 8:19 am
Forum: British Citizenship
Topic: LiUK in married name
Replies: 5
Views: 420
England

Re: LiUK in married name

2) My LiUK test which I took in 2012 has my married surname which is not the one on the passport as I never officially changed my maiden name after being married. Will this be a problem? Shall I explain that in cover letter? Yes, it may cause problems. You will most probably not be allowed to have ...
by Richard W
Thu Feb 25, 2016 8:05 am
Forum: British Citizenship
Topic: British Passport Revoked
Replies: 63
Views: 8635
England

Re: British Passport Revoked

Thisgirlcan wrote:I don't know what the case is for me as I wasn't born here and wasn't granted any leave apart from the passport I had.
That doesn't sound likely. What was your nationality? Have you found the passport you entered on?
by Richard W
Thu Feb 25, 2016 1:34 am
Forum: Referendum-News and Developments
Topic: New EU deal: Free-movement rights gone?
Replies: 358
Views: 33060
England

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

Just out of curiosity, what did you mean with your statement: 'While this will make the EEA route more difficult for those using real jobs, it will preserve free movement within the EEA.' Who are 'those using real jobs?' Perhaps it is fairer to say that it is more difficult all round. The problem i...
by Richard W
Wed Feb 24, 2016 7:50 pm
Forum: Referendum-News and Developments
Topic: New EU deal: Free-movement rights gone?
Replies: 358
Views: 33060
England

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

On the basis of Lord Bates' answer, Ryuzaki, Nemerkh and I will be fine for moves to a second EEA country. Am not sure am following you. What do you mean moves to a SECOND eea country? Hiw about staying in the UK? I thought Latvia was your first EEA country. Weren't you lawfully resident there when...
by Richard W
Wed Feb 24, 2016 6:56 pm
Forum: Referendum-News and Developments
Topic: New EU deal: Free-movement rights gone?
Replies: 358
Views: 33060
England

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

and to those who still think free movement rights are gone: In the Brussels agreement last week (18 february) there is no amendment of the Lisbon treaty, and no amendment of directive 2004/38. There are very different signals flying around. In the Conclusions of the European Council meeting (18 and...
by Richard W
Wed Feb 24, 2016 6:25 pm
Forum: EU Settlement Scheme
Topic: EU NATIONAL MARRIED TO BRITISH NATIONAL
Replies: 13
Views: 659
England

Re: EU NATIONAL MARRIED TO BRITISH NATIONAL

Got Married to a British National in 2009 continued working. She had stopped working for 1 year due to looking after the first child. Thereafter she started working again and presently she has again stopped working due to birth of second child. There's case law which suggests that 6 months off for ...
by Richard W
Tue Feb 23, 2016 8:03 am
Forum: Referendum-News and Developments
Topic: New EU deal: Free-movement rights gone?
Replies: 358
Views: 33060
England

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

• punishes those who imported non-EU spouses by stripping their families of free movement rights (That's mostly a retrospective punishment, though Indian and Japanese spouses still have to make a choice between British and original nationality.) I wonder if Patricia McCarthy Rodriguez will have to g...
by Richard W
Mon Feb 22, 2016 11:15 pm
Forum: Referendum-News and Developments
Topic: New EU deal: Free-movement rights gone?
Replies: 358
Views: 33060
England

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

This amendment only affects a couple of hundred so its a bit petty, will it greatly reduce immigration numbers? I don't think so. I think it was stuck in to appease the Home Office after they got whupped on a couple of court cases, just my view. Actually, it will inconvenience a great many people, ...
by Richard W
Mon Feb 22, 2016 10:49 pm
Forum: Referendum-News and Developments
Topic: New EU deal: Free-movement rights gone?
Replies: 358
Views: 33060
England

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

The 1968 act is nothing comparable to UK'S international obligation under the treaty. There was no need for an impact assessment . It had no effect on British Citizens. In 1968, the nearest thing to a British Citizen was two groups - a Citizen of the United Kingdom and Colonies (CUKC) with a passpo...
by Richard W
Mon Feb 22, 2016 10:41 pm
Forum: Referendum-News and Developments
Topic: New EU deal: Free-movement rights gone?
Replies: 358
Views: 33060
England

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

If you are illegal in the UK, you cannot marry a Polish citizen and continue living in the UK under EU free movement laws. You need to apply under UK law (this will probably result in a denial of residence). If you are legally currently in Spain, you cannot marry a French citizen (who is already es...
by Richard W
Mon Feb 22, 2016 2:14 am
Forum: Referendum-News and Developments
Topic: New EU deal: Free-movement rights gone?
Replies: 358
Views: 33060
England

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

If 'a Member State' (for residence) and 'the host Member State' (for establishment) are meant to be the same, then he has achieved some restriction. On second thoughts, I don't think they would need to be the same. I have had a look at Regulation 12 of the original Immigration (European Economic Ar...