I've looked at the paper form and some of the questions disproportionally go beyond what the Citizenship Directive requires like asking about the EEA national's residential arrangements such as whether he owns his property in the UK, rents, or lives with parents. The form even asks how many bedrooms...
Presumbably your non-UK EEA father is not residing in the UK? In that case he does not have to show proof of exercising Treaty rights in the UK to sponsor his wife to come to the UK on an EEA Family Permit. In fact, the first 3 months of stay in the UK is unconditional, so your father and your mothe...
If your father is a non-UK EEA national he would've been entitled to sponsor your non-EEA mother to the UK anyway, without the necessity for you to sponsor her. Your father could have applied for an EEA Family Permit for your mother, and they could have queued at the EU line together. In fact even w...
If you're exercising Treaty rights as a self-sufficient person it says in Article 7 of Directive 2004/38 that you and your family members should have sufficient funds not to become a burden on the social assistance system plus you are meant to have Comprehensive Sickness Insurance to cover you and a...
This thread is a very old thread and doesn't have relevance for your situation. You are better off starting your own thread. If you already have an EEA Family Permit under Surinder Singh case law, then just tick the relevant box in Section 5 of the EEA2 form and skip all of the sections as instructe...
It's best to ask for a reconsideration before appealing, as it's Home Office policy that a reconsideration request will not be looked at if there is a pending appeal. You should know that unmarried partners do not have automatic rights of residence, only spouses do. Member States can admit unmarried...
That is an unacceptable amount of time. EEA Family permits should be processed within 15 days, and beyond 4 weeks is unreasonable according to the European Commission in its COM (2009) 313 final guidance. You should submit a complaint to SOLVIT.
Taken from this government publication: Code 1A denotes leave to enter/remain for a specified period and allows the recipient to work and have access to public funds. Taken from this government publication: Which leave allows a person to work in the UK without any restrictions? Leave which does not ...
If you are keeping your tenancy in the UK, then no problem at all if you holiday for less than 6 months. This will not in any way affect your wife's Permanent Residence nor yours. You and your wife are protected by Article 16 of Directive 2004/38, and also Regulation 3 of the Immigration (EEA) Regul...
Temporary absences of 6 months in a year, or 12 months in exceptional circumstances, won't affect the continuity of your residence (Article 16 of the Directive). A holiday is certainly just a temporary absence. That said, I'm not sure if the UK will view an absence as 'temporary' if you give up your...
I don't understand, what did the refusal say exactly? By "gap" are you saying that because you and your husband have been apart so long that the Home Office does not think you have a marriage anymore? Please elaborate. The HO can't refuse you just because you and your husband have been una...
Just write N/A for Reg Cert No, or if the online form won't allow you, just write zeroes or your passport number. As I said, your partner is not legally obliged to answer that question. By EU law, EEA FPs are meant to be issued for free and under an accelerated procedure. European Commission guideli...
Part-time work counts as exercising Treaty rights. As long as the works is genuine and effective and not marginal and ancillary it's fine. EU law doesn't really define what that is, although there is ECJ case law that says 10 hours of work a week is genuine and effective (Case C-444/93 Megner and Sc...
The UK deliberately makes the EEA FP form confusing. Since you and your girlfriend are not currently residents of the UK, then all that you need provide is your and your partner's passports and at least 2 years proofs of your relationship because you are not married. You have to know that as her boy...
With his British passport, you would be eligible for entry under Regulation 9 of the Immigration (EEA) Regulations 2006 in that case. This would be under ECJ Surinder Singh case law (Case C-370/90). However with his Italian passport, unortunately the UK takes the view that if you are British, you ar...
You are only considered a "worker" if your work is genuine and effective. There is case law that says 10 hours work a week is genuine and effective, but even if you do less hours than that other factors can be taken into account to decide whether you're a "worker" such as duratio...
Yes but if you read further down the pdf you linked to, zebrafishbone, unfortunately you will see: This guidance does not apply to: *entry clearance in any category *refusal of human rights or asylum applications (including *decisions on protection-based claims under article 3 of the European Conven...
You CAN appeal and re-apply both at the same - if you were advised differently then caseworker was wrong. HOWEVER due to I believe a recent change in Home Office policy, what you can't do is ask for a RECONSIDERATION while an appeal is ongoing. Some people don't receive COA for a few weeks, so I wou...
It's unfair, the UK is not applying McCarthy case law (Case C-434/09) correctly. McCarthy case law is an EU ruling on EEA nationals with dual nationality. You have not always resided in the UK, you did exercise Treaty rights, and there was 'movement' - those are your legal arguments. I suppose it de...
Well it's official - European caseworkers won't accept reconsideration requests unless you withdraw your appeal. This according to Home Office guidelines to European caseworkers, which were issued VERY recently, so maybe a change in policy. So best send off your reconsideration request against a ref...
Joulel, when did you and your husband actually arrive in the UK? I am getting confused with the dates now because there are no dates in your post. Did your husband exercise Treaty rights in the UK for 5 years as an EEA national before losing his EEA citizenship? And did you live with him for 5 years...
If he's now only British, then I'm afraid as a British person he cannot exercise Treaty rights in his own country. The UK takes the view that if you're British, you are simply British, even if you have dual nationality, and since your husband is clearly only British now, that makes things even more ...
Submit an official complaint to the European Commission maybe if I had to guess? I have to say that was poor treatment shown to you - I don't think it was acceptable behaviour from the Finnish immigration.
