The Home Office cannot refuse an EEA application if your documents are in order unless it's a matter of public policy (for example serious crime or repeat offending), public security (for example terrorism), or when there is abuse or fraud in your present application (for example convenience marriag...
16 days is not an unusual delay. According to European Commission guidelines Member States are supposed to issue within 15 days but in practice, visa services in a lot of countries are inefficient. It's not unknown for people to wait several weeks, even though European Commission guidelines say that...
You have to show that your mother is reliant on you for material support for her essential needs (at least that she had been anyhow in her country of origin or the country that she had come from (Case C-1/05 Jia) ). It's not clear from ECJ case law whether this situation of dependency must continue ...
I don't know if the Home Office can do further checks when issuing you an EEA2 because you have won your appeal. However if you are that concerned, just make sure that you and your wife have Comprehensive Sickness Insurance for both of you after she finishes her course and that you both have some fu...
If you are an EEA worker or self-employed, you and your family member can claim social assistance benefits to top up your income without it affecting your or your family member's application for Permanent Residence. However if the EEA national is exercising Treaty rights as a student or as a self-su...
OP, if you mean how long you have to exercise Treaty rights in your host State to earn a right of return with your family member back to the UK, then according to EU case law (C-456/12) it must be for over 3 months. However this case law hasn't been implemented by the UK yet, so under UK regulations...
I do know that those who were granted (or applied) for their EEA2 before October 2012 come under transitional arrangements for family members of dual British/EEA nationals. The transitional arrangements allow the old rules (where dual nationality of the sponsor did not matter) to be forever applicab...
Your wife does not have to exercise Treaty rights while she is away from the country anyway. She is allowed 6 months absence in a year. You will be still legally resident while she is gone (as long as it's not for more than 6 months, that is).
Congratulations, glad it went smoothly. By the way, it isn't compulsory by law for your girlfriend to get an EEA1 but she can get one if she wants - she can work with or without one. For you, an EEA2 is essential as you will need it to provide proof to employers that you are legally allowed to work....
I don't know about that but you can apply for Permanent Resident status under EEA regulations through the EEA4 form. Permanent Residence is an indefinite leave to remain, which you have automatically after 5 years in the country as the family member of an EEA national who is exercising Treaty rights...
She can apply for a Permanent Residence card with form EEA4. I personally think it's better to get an EEA4 before applying for naturalisation, only because it costs £900 for a naturalisation application and if the Home Office fails her application because they don't think your proofs of exercising T...
Yes, that's right if you have been previously issued an EEA Family Permit under Regulation 9 (Surinder Singh) you no longer have to submit your employment and residence proof from your host State all over again.
Under current UK regulations you the British sponsor must be employed or self-employed to be able to sponsor your wife for an EEA Family Permit. You've also got to prove that your "centre of life" is now in your host State - so it is recommended that you live and work in your host State fo...
On second thoughts I shouldn't have used the word "discretion" in my post when saying there is no discretion to applying early for naturalisation - what I should have said is that there is no automatic consideration of your application if you submit it early. Yes it's true under 2(c) of Se...
Rosebead Perhaps you've sincerely overlooked the fact that PR is obtained automatically, allenboo is indeed due for naturalisation and can apply to naturalise as a BC, the dates on the PR does not mean PR was attained on the day, it is counted 5 years from the date of marriage solemnisation, provid...
No wonder that you lost, I'm afraid appealing was futile. You simply cannot get PR with a 17 month absence. The most that can be allowed is a single 12 month absence in only exceptional circumstances but normally neither you nor your partner can be absent for more than 6 months per year. There is no...
Allenboo, as a Permanent Resident and if you're earning £18,600 per annum, you can sponsor a non-EU spouse under domestic UK immigration rules now. You don't have to wait for naturalisation to do that. I'd agree with you that you became a Permanent Resident (PR) in February 2013. However with a PR c...
No I'm afraid not, allenboo. Under EEA regulations you can only sponsor a non-EU family member if you are an EU citizen. You would have to wait until 1 year after you become a Permanent Resident before you can apply for British citizenship - and then after that you would have to go the Surinder Sing...
I have no idea why solicitors are misinforming you, it is worrying that there are so many badly-trained solicitors out there. I think they must be confused between ILR and naturalisation. I believe there is some discretion to apply a month early for ILR (though not for EEA4 which is different), howe...
I would only answer to confirm that you are married and when you were married, but I would ignore all the other intrusive questions - I think those other questions are more geared toward unmarried partners and newlyweds rather than to couples who have been married a while because the UK government s...
Mrs.mdebden, yes I do remember your case. I'm glad you got your EEA Family Permit and that they didn't hassle you because you got married just before your FP application. If you do get a house visitation or interview it is just to check that you are in a genuine relationship so nothing to worry abou...
I found this UK case law and it made me think of your case - I think it might be useful to you. The claimant was a retired Malaysian woman who had over £50,000 in savings and an £80,000 house in Malaysia. Despite these assets and the Home Office's assertion that the claimant could live off her asset...
Well, I know that since 2011 Ireland changed their law to allow entry to holders of a “Residence card of a family member of a Union citizen”. So your wife's German Residence Card would give her automatic entry but only if she is joining or accompanying you to Ireland - just show your British passpor...
As el patron pointed out, EEA Family Permit is the visa you need. Your Polish wife would be the sponsor. Awarding of this visa falls under EU free movement laws as opposed to UK laws. For the application you need only submit your and your wife's passport and marriage certificate and a signed letter ...
