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by Richard W
Sat Dec 22, 2018 11:06 pm
Forum: EU Settlement Scheme
Topic: BRP for spouse of Irish citizen
Replies: 5
Views: 499
England

Re: BRP for spouse of Irish citizen

You will need to be a qualified person (work yourself or study/be self-sufficient with Comprehensive Sickness Insurance aka private medical insurance for all non-British members of the family) for your husband to be able to work in the UK. Where does this exemption for *British* citizen members com...
by Richard W
Sat Dec 22, 2018 8:54 pm
Forum: EU Settlement Scheme
Topic: Permanent after 5 years of marriage
Replies: 13
Views: 1031
England

Re: Permanent after 5 years of marriage

Martin2421 wrote:
Sat Dec 22, 2018 7:50 pm
So I am interpreting that I will be qualified to apply for permanent next year as I will complete my 5 years since I got married?
That is the correct interpretation.
by Richard W
Sat Dec 22, 2018 8:51 pm
Forum: EU Settlement Scheme
Topic: EU Withdrawal Agreement - Surinder Singh:
Replies: 93
Views: 6064
England

Re: Surinder Singh - Switching to UK visa?

I called UKVI this morning they told me that it is possible to switch to UK visa as long as we meet the other requirements and that the turnaround times were 8 weeks. One of the requirements is that your wife be in the UK lawfully or that it would be unreasonable or infeasible for your British chil...
by Richard W
Sat Dec 22, 2018 7:27 pm
Forum: EU Settlement Scheme
Topic: Permanent after 5 years of marriage
Replies: 13
Views: 1031
England

Re: Permanent after 5 years of marriage

Which category would it be as a few people say it’s counted from the day you have received your permit. Quite confusing it is! Permanent residence would be on the basis of 5 years residence as the spouse of an EU national who was a qualified person. (Please advise if your spouse is an EEA national,...
by Richard W
Sat Dec 22, 2018 7:18 pm
Forum: EU Settlement Scheme
Topic: Derivative card application or ROR
Replies: 5
Views: 466
England

Re: Derivative card application or ROR

On what basis does your husband reside in the UK? If he were genuinely in work, you would probably still qualify for a residence card and would certainly have the right to accept employment.
by Richard W
Sat Dec 22, 2018 7:13 pm
Forum: EU Settlement Scheme
Topic: Non EEA family Member ON RESIDENCE CARD
Replies: 2
Views: 408
England

Re: Non EEA family Member ON RESIDENCE CARD

Then after graduation applied 2 years post study visa. I have went to do masters on this visa after 8 months. After this I met EEU national Spain. Applied EEA visa on the basis of living relationship got the visa.after 6 month relationship broke and I have to move from the house. At that point you ...
by Richard W
Fri Dec 21, 2018 9:38 pm
Forum: EU Settlement Scheme
Topic: Article 10 Residence Card
Replies: 8
Views: 5358
England

Re: Article 10 Residence Card

Hi, this is exactly the situation I am in and I am flying with Ryanair this Friday to the UK so have been worrying a lot: I am Turkish, married to a British and we both live and work in Germany. I hold a Article 10 Residence card though it does not say the wording "Family Member of an EU Citiz...
by Richard W
Fri Dec 21, 2018 9:22 pm
Forum: EU Settlement Scheme
Topic: EEA Family Permit: ILR vs Residence card
Replies: 5
Views: 909
England

Re: EEA Family Permit: ILR vs Residence card

Not sure how Lounes interacts with a situation like this. You have undoubtedly acquired PR under EU law and that should persist. However, if you have surrendered your non-UK EEA citizenship, you will no longer be able to sponsor any family member under EU law. The arguments from the Lounes case see...
by Richard W
Fri Dec 21, 2018 9:01 pm
Forum: EU Settlement Scheme
Topic: What after EEA Family Permit
Replies: 8
Views: 505
England

Re: What after EEA Family Permit

Should he apply for the residence card even though it won't be valid after 2020 or just the presettled status in April. He can work with the EEA Family Permit for now. If he has found an acceptable employer who accepts the family permit, then the only advantage of a residence card would be visa fre...
by Richard W
Fri Dec 21, 2018 8:42 pm
Forum: EU Settlement Scheme
Topic: BRP for spouse of Irish citizen
Replies: 5
Views: 499
England

Re: BRP for spouse of Irish citizen

I am an Irish citizen, in the UK with my South African husband and 2 children, all on EEA family visas. I understand that I have automatic settled status and there for so do my children (apparently?) My question is; seeing as I have automatic settled status, can my husband and kids apply for their ...
by Richard W
Fri Dec 21, 2018 8:06 pm
Forum: EU Settlement Scheme
Topic: Permanent Resident Card After Brexit
Replies: 2
Views: 548
England

Re: Permanent Resident Card After Brexit

Do you know if after Brexit deadine, will pre settled people be able to have a Permanent Resident Card or a British Passport one day? The relevant document will be a Biometric Residence Permit recording the holding of Indefinite Leave to Remain (ILR). It may note that it is a privileged holding, bu...
by Richard W
Sat Nov 03, 2018 7:46 am
Forum: EU Settlement Scheme
Topic: RELATIONSHIP BREAKDOWN AFTER 5 YEARS
Replies: 2
Views: 551
England

Re: RELATIONSHIP BREAKDOWN AFTER 5 YEARS

In case of divorce, you need to apply for Retained rights of residence but as the right to reside is only retained on the termination of the marriage , the criteria for retention will only be considered at the time of the initiation of divorce proceedings. Hence you should wait until that time to a...
by Richard W
Sat Nov 03, 2018 7:28 am
Forum: EU Settlement Scheme
Topic: Permanent residency | Non EEA family member please HELP
Replies: 15
Views: 1024
England

Re: Permanent residency | Non EEA family member please HELP

It’s tricky because the months I’ve spent in the UK under the EEA FP visa dont count as it was cancelled when the RC got issued. That doesn't make sense. What makes sense is that they might not count because you had neither an FP nor an RC during May and June 2015, even though you had ultimately su...
by Richard W
Sat Nov 03, 2018 12:07 am
Forum: Immigration for family members
Topic: curtailed spouse visa
Replies: 18
Views: 3425
England

Re: curtailed spouse visa

And why is this related? I dont understand what you mean... I havent left Ecuador forever, and I have no intention of abandon the UK either. Your spouse visa was granted on the basis of The applicant and partner must intend to live together permanently in the UK. Are you saying it should not have b...
by Richard W
Fri Nov 02, 2018 11:48 pm
Forum: EU Settlement Scheme
Topic: ILR AFTER DIVORCE
Replies: 10
Views: 656
England

Re: ILR AFTER DIVORCE

Alexa157 wrote:
Fri Nov 02, 2018 3:00 pm
My lawers made me confuse one says you are eligible one says you are not..
There was no break in trinity rights from me but my partner was on and off the work
It was your spouse who had treaty rights, not you. Whether you worked before the divorce is irrelevant.
by Richard W
Fri Nov 02, 2018 11:42 pm
Forum: EU Settlement Scheme
Topic: Permanent residency | Non EEA family member please HELP
Replies: 15
Views: 1024
England

Re: Permanent residency | Non EEA family member please HELP

Well I am not sure but HO asked me if I would like to convert my application (initially a PR application) to extend my RC. So either they would cancel existing RC and provide me with a new 5y one or somehow they would provide an extension to the current one without cancelling it. Or they would issu...
by Richard W
Fri Nov 02, 2018 11:41 pm
Forum: EU Settlement Scheme
Topic: Permanent residency | Non EEA family member please HELP
Replies: 15
Views: 1024
England

Re: Permanent residency | Non EEA family member please HELP

You may be able to apply as the spouse or civil partner of a British citizen instead. You need to have lived in the UK for the last 3 years and have either: indefinite leave to remain a permanent residence document (if you’re from the EEA) The thing is I am a non EEA married partner. So I am not su...
by Richard W
Fri Nov 02, 2018 11:27 pm
Forum: EU Settlement Scheme
Topic: EU Settlement Scheme
Replies: 10
Views: 1996
England

Re: EU Settlement Scheme

What I am worried about is if my status need to obtained again, how I can trust the system that this will not change again in the future or my status will be removed completly, as at the moment it seems that I need to make one choice of two, naturalisation or sttlement. No, your status as a holder ...
by Richard W
Fri Nov 02, 2018 10:51 pm
Forum: EU Settlement Scheme
Topic: Do dual EU-UK citizens have rights under EU law?
Replies: 714
Views: 104853
England

Re: Do dual EU-UK citizens have rights under EU law?

Aren't these valid through the whole transition period which is until the end of 2020 or 21? Under present plans, yes, PR will remain valid through the transition period - though the Immigration Minister (Caroline Nokes) has recently declared that there won't be a transition period if there is no B...
by Richard W
Thu Nov 01, 2018 11:14 pm
Forum: EU Settlement Scheme
Topic: Permanent residency | Non EEA family member please HELP
Replies: 15
Views: 1024
England

Re: Permanent residency | Non EEA family member please HELP

It started when I got granted the FP? Or the RC? It should start from when you arrived in the UK with your family permit (FP). However, it may have restarted when your RC was issued if your FP had expired. Also, do you know what would be my status if husband aquires british citizenship? Do I need t...
by Richard W
Thu Nov 01, 2018 11:01 pm
Forum: EU Settlement Scheme
Topic: Do dual EU-UK citizens have rights under EU law?
Replies: 714
Views: 104853
England

Re: Do dual EU-UK citizens have rights under EU law?

My husband acquired non-EEA permanent residency in January 2016 and he already received his PR card as well. I became a British citizen on the 31st of October 2018, so does it mean that my husband lost his PR status? He still has not applied for naturalisation yet. He keeps his PR status regardless...
by Richard W
Thu Nov 01, 2018 10:51 pm
Forum: EU Settlement Scheme
Topic: Uk Residency
Replies: 5
Views: 446
England

Re: Uk Residency

A passport or national ID is compulsory for any travel. The OP can travel with his passport or national ID + the Residency Card when issued. He doesn't need a travel document - like a Form TD112/BRP. Why do you think a Syrian ID card can be used instead of a passport for travel to the UK from anywh...
by Richard W
Thu Nov 01, 2018 10:15 pm
Forum: EU Settlement Scheme
Topic: Uk Residency
Replies: 5
Views: 446
England

Re: Uk Residency

And if I got the Uk residency, can I apply for a travel document so I can travel? Or I’m forced to stay in the uk for 5 years depends on the residency? You can travel with the Residency Card, you don't need a travel document. I believe it will be quite difficult for the OP to travel without a valid...
by Richard W
Thu Nov 01, 2018 12:17 am
Forum: EU Settlement Scheme
Topic: EU Withdrawal Agreement - Surinder Singh:
Replies: 93
Views: 6064
England

Re: 5 years residence card- ILR

mufc69 wrote:
Fri Oct 26, 2018 11:50 pm
Although im hoping by then she can apply for settled status under the EU settlement scheme which also includes those who have arrived in the UK under SS.
From what you have said, it may be simpler for her to qualify on the basis of your being an Irish citizen!
by Richard W
Thu Nov 01, 2018 12:02 am
Forum: EU Settlement Scheme
Topic: EU marrying no EU
Replies: 4
Views: 460
England

Re: EU marrying no EU

Barrack13 wrote:
Tue Oct 23, 2018 12:26 am
Is there a financial requirement that we need to meet.
You two will need to be 'self-sufficient' and have comprehensive sickness insurance. Parental contributions will be allowed, but initially your earnings will be restricted to lawful earnings as a student on a Tier 4 visa.