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by Richard W
Mon Aug 27, 2018 12:30 am
Forum: Referendum-News and Developments
Topic: EU & Brexit Deal
Replies: 186
Views: 107057
England

Re: EU & Brexit Deal

If there is no deal, the government's objective will be to maintain a pool of EU workers to keep Industry happy. I'm not sure if there's a goal of securing Poland as a friend in the EU, which would also help. Neither objective is likely to help third country nationals.
by Richard W
Sun Aug 26, 2018 11:03 pm
Forum: EU Settlement Scheme
Topic: Non-EEA partner of EEA citizen's Residence card lost - Anyone has any experience/advice?
Replies: 25
Views: 6270
England

Re: Non-EEA partner of EEA citizen's Residence card lost - Anyone has any experience/advice?

Also, question: Why do they say getting a replacement card is not mandatory? I'm a foreign national in the UK, surely I need to produce a document when attempting to re-enter the UK after going abroad. I find that a bit misleading. You don't have to leave the UK, and you don't have to re-enter. I'm...
by Richard W
Sun Aug 26, 2018 10:39 pm
Forum: EU Settlement Scheme
Topic: EU spouse going outside the UK
Replies: 12
Views: 683
England

Re: EU spouse going outside the UK

Her residence in the UK (and your right to reside in the UK, which is dependent on her being resident in the UK) would break if a) if she has PR, after an absence of two years How do you deduce this? Her right of PR would continue until she had been absent for 2 years, but I don't believe she would...
by Richard W
Sun Aug 26, 2018 10:20 pm
Forum: EU Settlement Scheme
Topic: About EEA National and Extended Family Member Registration
Replies: 19
Views: 1871
England

Re: About EEA National and Extended Family Member Registration

The courts has had cause to clarify on numerous occasions, as way back as the case of Royers and Mrax, that a residence permit is not a source of right but merely has a declaratory function in evidencing the position of an individual as regards community law. An EU national's failure to register un...
by Richard W
Sun Aug 26, 2018 9:50 pm
Forum: Referendum-News and Developments
Topic: EU & Brexit Deal
Replies: 186
Views: 107057
England

Re: EU & Brexit Deal

I don’t think there is anything to come ( in case of no deal )in regard EU citizen living in U.K, otherwise they will mention that within the first pages , I believe the withdraw agreement ( in term of EU rights ) will apply regardless deal or no deal . Richard W, what’s your opinion? My opinion is...
by Richard W
Sun Aug 26, 2018 1:08 am
Forum: EU Settlement Scheme
Topic: NL Civil union -> EEA family permit
Replies: 6
Views: 493
England

Re: NL EU citizen - Chinese gf -> UK

The OP should note that residing together in the UK may not count for anything much under EU law - the cut-off date for stays in the UK for Surinder Singh (I'm not sure whether it's the same as the Belgian route or just very similar) could well be March 2019.
by Richard W
Sun Aug 26, 2018 12:53 am
Forum: EU Settlement Scheme
Topic: NL Civil union -> EEA family permit
Replies: 6
Views: 493
England

Re: NL EU citizen - Chinese gf -> UK

mikee wrote:
Sat Aug 25, 2018 1:20 pm
Also does it matter where you get married ?
Not in British law. However, you should ensure that your marriage would be valid in Dutch law - there's a doctrine that the marriage would only count for EU law if it was valid in Dutch law.
by Richard W
Sun Aug 26, 2018 12:47 am
Forum: EU Settlement Scheme
Topic: About EEA National and Extended Family Member Registration
Replies: 19
Views: 1871
England

Re: About EEA National and Extended Family Member Registration

Be rest assured that i have never caused a judge to misdirect themselves. That statement has too many interpretations to be useful. It could just mean that you are constant in your legal opinions and honest in your dealings with the courts. You are very confused Richard about the interplay between ...
by Richard W
Sun Aug 26, 2018 12:01 am
Forum: Referendum-News and Developments
Topic: EU & Brexit Deal
Replies: 186
Views: 107057
England

Re: EU & Brexit Deal

Is U.K. really going to no deal ? I can see from the media there is kind of shifting on the government and they try to prepare the public with no deal !! What will happened with the 3.2 millions EU in U.K. then ? Most EU citizens will be allowed to stay. Only criminals and those with non-EU family ...
by Richard W
Sat Aug 25, 2018 12:35 am
Forum: EU Settlement Scheme
Topic: non-EEA wife and EEA husband with a permanent employment in the UK
Replies: 1
Views: 358
England

Re: non-EEA wife and EEA husband with a permanent employment in the UK

Dear all, I am about to apply for the residence card as a family member of the EEA citizen. My husband holds a permanent employment in the UK, while I m about to undertake employment (under my family permit visa). He can provide all the letters concerning his employment, qualifications and of cours...
by Richard W
Sat Aug 25, 2018 12:04 am
Forum: EU Settlement Scheme
Topic: About EEA National and Extended Family Member Registration
Replies: 19
Views: 1871
England

Re: About EEA National and Extended Family Member Registration

I do not need to reword anything. My views are as far removed from yours as the east is from the west. If a person's job can maintain them then the examination of whether their employment is effect and genuine does not arise. I refer you to: I agree that the employment has to be genuine an effectiv...
by Richard W
Thu Aug 23, 2018 3:59 pm
Forum: EU Settlement Scheme
Topic: About EEA National and Extended Family Member Registration
Replies: 19
Views: 1871
England

Re: About EEA National and Extended Family Member Registration

Well i disagree with you. Not providing proof does not necessarily mean that a person has cease from being in a durable relationship. I appreciate that on an application for Residence card, a person must show that they are entitled to it under Regulation 18(1). That is beside the point when one is ...
by Richard W
Thu Aug 23, 2018 3:31 pm
Forum: EU Settlement Scheme
Topic: About EEA National and Extended Family Member Registration
Replies: 19
Views: 1871
England

Re: About EEA National and Extended Family Member Registration

EEA citizens do not have an automatic right to work. They have a right to do work that is genuine and effective, and not marginal or ancillary. For example, an EEA citizen has no automatic right to accept employment for just one evening a week at a restaurant once he has completed their initial 3 m...
by Richard W
Thu Aug 23, 2018 3:18 pm
Forum: EU Settlement Scheme
Topic: Date first entered UK
Replies: 25
Views: 2922
England

Re: EEA PR - Need your help!

She never left for more than 6 months in any single year. In fact, I'm not sure either of us have been out of the UK for 6 months in total in the past 5 years! So is she eligible from date of marriage? Do I need to tell them that or would they know? Yes, the 5 years start from the date of marriage....
by Richard W
Tue Aug 21, 2018 6:16 pm
Forum: EU Settlement Scheme
Topic: Apply EEA Family Member Residence Card on Marriage Visitor Visa
Replies: 2
Views: 463
England

Re: Apply EEA Family Member Residence Card on Marriage Visitor Visa

I believe that, as you intend to live in the UK after your marriage, you are not eligible for a marriage visitor visa. However, once you do marry your boyfriend, you can, when in the UK, apply for an EEA family member residence card and you should receive one. If you have entered using a marriage vi...
by Richard W
Tue Aug 21, 2018 5:55 pm
Forum: EU Settlement Scheme
Topic: About EEA National and Extended Family Member Registration
Replies: 19
Views: 1871
England

Re: About EEA National and Extended Family Member Registration

Obie, please educate me on these matters. Well they will, if they are clearly wrong, as is the case and breach your community law rights. What community law right would they have breached? The closest I can find is a legal judgement that says that fresh evidence is needed to decide that the OP is no...
by Richard W
Tue Aug 21, 2018 1:12 am
Forum: EU Settlement Scheme
Topic: Date first entered UK
Replies: 25
Views: 2922
England

Re: EEA PR - Need your help!

In October 2013 my wife left to come back with a family permit and in March 2014 she got her 5 years temporary residency card. Please help with 3 points following, I couldnt find the answers: 1. As far as I know, we are eligible to apply after 5 years from the day we married (since I was already ex...
by Richard W
Tue Aug 21, 2018 1:07 am
Forum: EU Settlement Scheme
Topic: CCJ PR APPLICATION
Replies: 8
Views: 979
England

Re: CCJ PR APPLICATION

Naveed997 wrote:
Mon Aug 20, 2018 4:13 pm
i had CCJ against me (Credit card payment 1300 £) in 2013 , i had cleared all the payments in 2017 and got the Certificate from the court saying that the judgment is satisfied and paid all the balance. my question is will this effect on my PR application ?
It will have no effect.
by Richard W
Tue Aug 21, 2018 12:47 am
Forum: EU Settlement Scheme
Topic: About EEA National and Extended Family Member Registration
Replies: 19
Views: 1871
England

Re: About EEA National and Extended Family Member Registration

EEA citizens <snip>...have an automatic right to work in the UK based on their EEA citizenship, therefore they do not get a COA. EEA citizens should not need a CoA because their RC is supposed to be issued 'immediately'. EEA citizens do not have an automatic right to work. They have a right to do w...
by Richard W
Tue Aug 14, 2018 2:06 am
Forum: EU Settlement Scheme
Topic: Family Permit for a child
Replies: 5
Views: 462
England

Re: Family Permit for a child

Hello Richard W, thank you for reaching out. I just want to make sure I understand correctly: you suggest that seeking Stamp 1A at the border to be the best solution? I think it's the most reliable method. However, I worry that it may be too late to get your daughter's passport back in time. Additi...
by Richard W
Sat Aug 11, 2018 7:51 pm
Forum: EU Settlement Scheme
Topic: EEA family permit VISA
Replies: 2
Views: 363
England

Re: EEA family permit VISA

My husband is an EEA member, and I'm not. Neither of us live in the UK but plan on relocating soon, probably early next year. What are the chances I get the EEA stamp at the airport, considering my husband is not really "qualified" because he hasn't been residing and working there. When y...
by Richard W
Sat Aug 11, 2018 6:36 pm
Forum: EU Settlement Scheme
Topic: Naturalisation as an EU citizen - returning EEA2 Residence Card to Home Office
Replies: 4
Views: 686
England

Re: Naturalisation as an EU citizen - returning EEA2 Residence Card to Home Office

UK issued EU residence cards don't need to be returned after naturalisation, for British citizenship. https://www.whatdotheyknow.com/cy/request/returning_an_eea_residence_card See above. As the reply states Please note that as their nationality has now changed they need to be exercising their Treat...
by Richard W
Sat Aug 11, 2018 6:27 pm
Forum: EU Settlement Scheme
Topic: Family Permit for a child
Replies: 5
Views: 462
England

Re: Family Permit for a child

What are our ways of contacting UKBA/HO/Visa section/Whatever they are called now? If time presses on, what would be the most effective ways of addressing the potential delay threatening our ability to travel, my right to be accompanied by a family member and many more other issues? I presumi you l...
by Richard W
Sat Aug 11, 2018 6:13 pm
Forum: EU Settlement Scheme
Topic: EEA Family permit?
Replies: 2
Views: 353
England

Re: EEA Family permit?

:roll: i need help Guy's! My Brazilian girl friend has just completed her Biometrics! We are both currently in Belfast! In the UK! She needs to go back to Brazil for a few Week's flying from Dublin! EU! When she arrives back to Dublin airport Ireland to bus it up to Belfast! ( technically Europe to...
by Richard W
Sat Aug 11, 2018 5:58 pm
Forum: EU Settlement Scheme
Topic: Should I become British citizens after Lounes case
Replies: 2
Views: 332
England

Re: Should I become British citizens after Lounes case

Can I become British citizens now without affecting his residence right after the Lounes cases. My husband still need til Nov 2020 for the 5 years residence but brexit is next year. The only problem would be if you lost your permanent residence - it seems it would be very difficult to regain it. Ot...