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by Richard W
Wed Oct 31, 2018 11:49 pm
Forum: EU Settlement Scheme
Topic: Married for 13 years, unsure of wife's legal status
Replies: 11
Views: 552
England

Re: Married for 13 years, unsure of wife's legal status

Would the new 'Settled Status' changes being introduced in January 2019 prior to Brexit avail any options for me? By my reading, if there is no attempt to initiate the removal of your wife before she applies for settled status, she will become eligible under Immigration rule EU11(3) (see https://ww...
by Richard W
Wed Oct 31, 2018 11:20 pm
Forum: EU Settlement Scheme
Topic: Lounes case
Replies: 8
Views: 1263
England

Re: Lounes case

My husband was born in the UK, his farher is british, mum is dutch. I’m non-EEA, married to him in 2012. I got eea family permit in 2013 and eea residence card in 2014. We are trying to applying EEA PR now. Is it our case same as Louse case? Can I get EEA PR? I think only the courts can decide whet...
by Richard W
Wed Oct 31, 2018 10:32 pm
Forum: EU Settlement Scheme
Topic: EU Settlement Scheme
Replies: 10
Views: 1996
England

Re: EU Settlement Scheme

Agreed but "Freedom of Movement" is supposed to end when the UK leaves the EU. Therefore PR as such is no longer valid and they expect EU citizen to register for "settled status". I don't believe the OP has confirmation of permanent residence. I believe they have indefinite leav...
by Richard W
Wed Oct 31, 2018 10:05 pm
Forum: EU Settlement Scheme
Topic: Residency Card Expires While Travelling How to Come Back?
Replies: 3
Views: 784
England

Re: Residency Card Expires While Travelling How to Come Back?

My wife’s residency card expires in few months, how can she enter the UK after the expiration? She entered the country with EEA Family Permit, then applied for a residency card which is now expiring after 5 years. She is Non EEA (Japanese), married to an EU citizen (me), I also have a "indefin...
by Richard W
Wed Oct 31, 2018 9:52 pm
Forum: EU Settlement Scheme
Topic: Overstayer getting married in Denmark
Replies: 5
Views: 839
England

Re: Overstayer getting married in Denmark

So, basically I'm Brazilian man and I came to London in October 2017 to visit my aunt (who has the british citizenship) with the tourist visa (valid until April 2018) and a return ticket to Brazil in April 2018. During this period I travelled through some cities in the Europe, always departing from...
by Richard W
Wed Oct 31, 2018 9:35 pm
Forum: EU Settlement Scheme
Topic: Overstayer getting married in Denmark
Replies: 5
Views: 839
England

Re: Overstayer getting married in Denmark

Can I have any kind of problem with immigration in the exit or entrance? Maybe - do Brazilian nationals require a Visa when entering UK? I'm guessing yes, given you had a tourist Visa. Any reason why you're marrying in Denmark and not here? Is it because your fiance lives in Denmark? Brazilians do ...
by Richard W
Tue Sep 18, 2018 12:54 am
Forum: EU Settlement Scheme
Topic: Combine EEA time with time spent on Tier 2?
Replies: 8
Views: 818
England

Re: Combine EEA time with time spent on Tier 2?

Can I combine my time spent on the Tier 2 visa with my time spent in the UK as an EU citizen? No. did the clock reset when I went off my Tier 2 and stayed here as EU? Yes. PR for EEA citizens is governed by different laws from ILR for non-EEA citizens. They are two different procedures and have dif...
by Richard W
Wed Sep 05, 2018 11:28 pm
Forum: EU Settlement Scheme
Topic: RETURN HOME OR APPLY FROM WITHIN UK
Replies: 9
Views: 586
England

Re: RETURN HOME OR APPLY FROM WITHIN UK

naija99 wrote:
Wed Sep 05, 2018 5:59 pm
CR001 or anyone else who could please help
A South African in the UK on a visit visa got married same sex relationship to a German national with PR. Can she now apply for EEA FM from inside the UK or does she have to go back to SA and apply for EEA family permit?
She can apply from within the UK.
by Richard W
Wed Sep 05, 2018 11:16 pm
Forum: EU Settlement Scheme
Topic: Moving ahead of Brexit cut off
Replies: 23
Views: 2313
England

Re: Cut off date and moving to UK

3./ Is march the cut off date when rights cease to exist for EEA or is it 2020. The guide i saw on other forum said 2020 but i keep hearing March 2019. What is correct? The cut off date is "2359 Greenwich Mean Time on 31 December 2020". (Source: Chapter EU of the immigration Rules). Howev...
by Richard W
Wed Sep 05, 2018 11:02 pm
Forum: British Citizenship
Topic: Family member of an eu citizen who holds PR
Replies: 20
Views: 2133
England

Re: Family member of an eu citizen who holds PR

I reffered to Richard W, just read the thread above and got worried that something may happen in November....sorry if i confused anyone, i just asked a question... There is typically 2 months advance warning of a change in the EEA regulations. Now + 2 months = November. I just dug this up in the st...
by Richard W
Wed Sep 05, 2018 12:09 am
Forum: EU Settlement Scheme
Topic: New "Settled Status" insidious wording could cause application rejections
Replies: 6
Views: 679
England

Re: New "Settled Status" insidious wording could cause application rejections

Well, it turns out it's not just me who smells a rat in this guidance. https://www.theguardian.com/politics/2018/sep/04/concerns-raised-over-59-page-handbook-on-brexit-settled-status-scheme But case workers will have to read through to page 56 to discover that they should not apply the government’s...
by Richard W
Tue Sep 04, 2018 11:56 pm
Forum: EU Settlement Scheme
Topic: Will EU Settlement Scheme ask for Surinder Singh COI for those who received RC before 2016 regulations?
Replies: 3
Views: 955
England

Re: Will EU Settlement Scheme ask for Surinder Singh COI for those who received RC before 2016 regulations?

They shouldnt as you may well fall under the transitional provisions. See this, esp page 28 and onwards: https://www.gov.uk/government/publications/free-movement-rights-family-members-of-british-citizens#history Is there any statutory basis for these transitional provisions? It looks as though it's...
by Richard W
Tue Sep 04, 2018 11:45 pm
Forum: EU Settlement Scheme
Topic: Working Rights During Residence Card Application
Replies: 6
Views: 591
England

Re: Working Rights During Residence Card Application

This section applies if— (a) a person who has limited leave to enter or remain in the United Kingdom applies to the Secretary of State for variation of the leave , (b) the application for variation is made before the leave expires, and (c) the leave expires without the application for variation hav...
by Richard W
Tue Sep 04, 2018 10:43 pm
Forum: British Citizenship
Topic: Family member of an eu citizen who holds PR
Replies: 20
Views: 2133
England

Re: Family member of an eu citizen who holds PR

2. No. Brexit has NOTHING to do with citizenship laws which are UK specific. That's not entirely true. At some point, permanent residence will cease to confer settled status on those who are ordinarily resident. The EU has no say in whether permanent residence confers settled status, which is requi...
by Richard W
Tue Sep 04, 2018 8:19 pm
Forum: British Citizenship
Topic: Family member of an eu citizen who holds PR
Replies: 20
Views: 2133
England

Re: Family member of an eu citizen who holds PR

Let’s say I get my settle status, can I became citizens after That? Yes. And how long I have to wait? You still have to wait until 26 February 2019. The requirement is to have held settled status (in the old sense) for one year. There is no rule that you cannot hold the status for different reasons...
by Richard W
Tue Sep 04, 2018 8:12 pm
Forum: EU Settlement Scheme
Topic: EU citizen living for 10+ years in the UK need advice about US partner
Replies: 2
Views: 266
England

Re: EU citizen living for 10+ years in the UK need advice about US partner

My partner, who is American, is considering moving to the UK and my question is if we get married before I become a British citizen, what working / residency rights could he have? Many thanks. So long as you retain your permanent residence / ILR and your Italian citizenship, and remain married, he ...
by Richard W
Tue Sep 04, 2018 7:52 pm
Forum: EU Settlement Scheme
Topic: Will EU Settlement Scheme ask for Surinder Singh COI for those who received RC before 2016 regulations?
Replies: 3
Views: 955
England

Re: Will EU Settlement Scheme ask for Surinder Singh COI for those who received RC before 2016 regulations?

I'm wondering if anyone knows or thinks if the HO will be asking for additional documentation for SS route applicants that received RCs before the 2016 regulations came into effect to prove 'centre of life' or that we weren't circumventing UK law. From what has been publicly announced on the HO web...
by Richard W
Tue Sep 04, 2018 6:49 pm
Forum: EU Settlement Scheme
Topic: Working Rights During Residence Card Application
Replies: 6
Views: 591
England

Re: Working Rights During Residence Card Application

official-section-3c-don-t-apply-to-residence-card-apps- If you had read the first two replies, or the judgement, you would know that the judgement has no bearing on whether residence card applications by extended family members extend leave to remain. Of course, the simplest way for the OP to secur...
by Richard W
Mon Sep 03, 2018 11:52 pm
Forum: EU Settlement Scheme
Topic: Working Rights During Residence Card Application
Replies: 6
Views: 591
England

Re: Working Rights During Residence Card Application

As an unmarried partner, you would be an extended family member with no automatic rights under the eea rules. Section 3C protection does not apply to eea rc applications if your tier 5 expires, section 3C is only relevant to applications submitted under the UK immigration rules before your current ...
by Richard W
Mon Sep 03, 2018 8:09 pm
Forum: British Citizenship
Topic: Family member of an eu citizen who holds PR
Replies: 20
Views: 2133
England

Re: Family member of an eu citizen who holds PR

rubencol88 wrote:
Mon Sep 03, 2018 6:13 pm
In other words, can I get the divorce and still apply for settled status?
Yes.
by Richard W
Mon Sep 03, 2018 3:28 am
Forum: EU Settlement Scheme
Topic: eea family residence card renewal_brexit
Replies: 5
Views: 1469
England

Re: eea family residence card renewal_brexit

- What documentation/evidence do I need to submit to obtain a CoA? You need a complete set of documentation - passports, evidence of your residence and evidence that your partner is a qualified person, and evidence that you are still partners. - You say that permanent residence is acquired automati...
by Richard W
Sun Sep 02, 2018 9:53 pm
Forum: British Citizenship
Topic: Family member of an eu citizen who holds PR
Replies: 20
Views: 2133
England

Re: Family member of an eu citizen who holds PR

2. No. Brexit has NOTHING to do with citizenship laws which are UK specific. That's not entirely true. At some point, permanent residence will cease to confer settled status on those who are ordinarily resident. The EU has no say in whether permanent residence confers settled status, which is requi...
by Richard W
Sun Sep 02, 2018 9:38 pm
Forum: British Citizenship
Topic: Citizenship for spouse and child of british citizen
Replies: 5
Views: 311
England

Re: Citizenship for spouse and child of british citizen

SO does that mean they dont have to wait for one year after ILR, and my wife has done Life in UK and english language testing The one year wait is for naturalisation, but that does not apply if one's spouse is a British citizen. There is no one year wait for registration of a child; the child will ...
by Richard W
Sun Sep 02, 2018 9:32 pm
Forum: EU Settlement Scheme
Topic: Applying for EEA family permit while holding visitor Visa
Replies: 7
Views: 896
England

Re: Applying for EEA family permit while holding visitor Visa

I understand my wife can not work until she get the COA which is fine, but will she be allowed NHS care? she is pregnant. As she is a direct family member, I believe NHS care cannot legally be made dependent on her having a residence card. She gains her right to free* NHS care by being ordinarily r...
by Richard W
Sun Sep 02, 2018 9:21 pm
Forum: EU Settlement Scheme
Topic: I will call bupa insurance
Replies: 6
Views: 511
England

Re: Ideas about Comprehensive insurance

Also, she worked from 2012-2015 non stop, but from june 2015 june, 2016' august she not worked, can she get that covered by taking insurance, for those missed period.. I have non eea permit until march 2020, my plan is to get permant residency, regardless of how much money I have to pay.... There a...