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by rosebead
Wed May 21, 2014 4:02 pm
Forum: EU Settlement Scheme
Topic: Visa free travel for Residence Card holder Case refer to ECJ
Replies: 300
Views: 47909

Re: Visa free travel for Residence Card holder Case refer to

Rolfus, I think this issue of joining/accompanying with regards to both visas and RCs must arise from Article 3(1) of the Directive which states: "This Directive shall apply to all Union citizens who move to or reside in a Member State other than that of which they are a national, and to their ...
by rosebead
Wed May 21, 2014 12:06 am
Forum: EU Settlement Scheme
Topic: Permanent Residence Question
Replies: 23
Views: 7560

Re: Permanent Residence Question

I emailed Your Europe about this question as it puzzles me too, especially because the Directive doesn't clearly define what "6 months a year" exactly means. Here's my question and their answer: My question: In Article 16(3) of Directive 2004/38 it states that temporary absences of 6 month...
by rosebead
Sun May 18, 2014 5:14 pm
Forum: EU Settlement Scheme
Topic: Amendment to EEA Regulation from 1/01/2014 Singh diluted
Replies: 308
Views: 38890

Re: Amendment to EEA Regulation from 1/01/2014 Singh diluted

Good for you, Obie :-). I look forward to the results. I am sure you will keep us updated of the resultant judgements. Those of us affected by the centre of life regs (or can't find jobs in the host country) need a boost.
by rosebead
Sun May 18, 2014 4:34 pm
Forum: EU Settlement Scheme
Topic: Amendment to EEA Regulation from 1/01/2014 Singh diluted
Replies: 308
Views: 38890

Re: Amendment to EEA Regulation from 1/01/2014 Singh diluted

Thank you for posting info about what's happening right now in the courts, Obie, it's informative. I look forward to these cases reaching higher courts and setting legal precedents. I really hope the delays in FTT aren't due to pandering to the government. I'm a bit astonished at the change in EEA4 ...
by rosebead
Sat May 17, 2014 11:28 pm
Forum: EU Settlement Scheme
Topic: Permanent Residence Question
Replies: 23
Views: 7560

Re: Permanent Residence Question

I would've thought "6 months a year" as the Directive states would mean exactly that. So if your yearly cycle is January to January, I'd imagine you could go away in September of one year and be able to come back in July of the next year at the very latest. So your time away would look lik...
by rosebead
Sat May 17, 2014 10:47 pm
Forum: EU Settlement Scheme
Topic: please advise
Replies: 478
Views: 34622

Re: please advise

Like chaoclive said, your lawyer must be a waste of space. Nearly 2 months to send in a reconsideration after your refusal - how ridiculous! You should hear back from the reconsideration with a few weeks as that is generally how long it takes.
by rosebead
Sat May 17, 2014 6:04 pm
Forum: EU Settlement Scheme
Topic: Amendment to EEA Regulation from 1/01/2014 Singh diluted
Replies: 308
Views: 38890

Re: Amendment to EEA Regulation from 1/01/2014 Singh diluted

357mag, basically, it means there are cases in court right now or recently that have been arguing Case C-456/12 against the centre of life regs (or against having to be working/self-employed in the Member State), and the HO want to make use of their lawyer-client privilege to prevent the appellants ...
by rosebead
Fri May 16, 2014 9:34 pm
Forum: EU Settlement Scheme
Topic: Reconsideration / on gong appeal
Replies: 21
Views: 1803

Re: Reconsideration / on gong appeal

Please for you :D. That said, I don't think he was right to ask you to withdraw your appeal, but glad it worked out!
by rosebead
Thu May 15, 2014 11:02 pm
Forum: EU Settlement Scheme
Topic: can please any help with reconsideration letter
Replies: 48
Views: 4133

Re: can please any help with reconsideration letter

She lost her job unfortunately. But people could possibly sue their bosses for unfair dismissal in these situations.
by rosebead
Thu May 15, 2014 9:29 pm
Forum: EU Settlement Scheme
Topic: eveidence to prove self employment to get retained right
Replies: 10
Views: 441

Re: eveidence to prove self employment to get retained right

rizwan786 wrote: Do you think tax return and accountant letter and ni contribution letter will not be enough to prove it

Thanks for ur reply
I do not know in honesty. This post might perhaps give you some insight, and this sticky thread also.
by rosebead
Thu May 15, 2014 8:51 pm
Forum: EU Settlement Scheme
Topic: can please any help with reconsideration letter
Replies: 48
Views: 4133

Re: can please any help with reconsideration letter

On the EEA2 form it says this: CONTACTING US AFTER YOU HAVE APPLIED If you need to contact us after you have applied please do so as instructed below. To send us more information about your application, write to the address in part 8 and give the following details in your letter: • the applicant’s f...
by rosebead
Thu May 15, 2014 8:03 pm
Forum: EU Settlement Scheme
Topic: can please any help with reconsideration letter
Replies: 48
Views: 4133

Re: can please any help with reconsideration letter

I'm not aware of anyone getting a PR through an EEA2 application. I'd imagine you'd have to use the EEA4 form, although I suppose there'd be no harm in requesting in a cover letter that the caseworker consider an EEA4 if he feels that you qualify. It wasn't necessary for you to send 5 years of evide...
by rosebead
Thu May 15, 2014 6:17 pm
Forum: EU Settlement Scheme
Topic: eveidence to prove self employment to get retained right
Replies: 10
Views: 441

Re: eveidence to prove self employment to get retained right

It may be possible to appeal a refusal (because of lack of evidence) and in appeal court get the immigration judge to direct the Home Office to contact a relevant governmental department like the DWP to obtain evidence of the EEA citizen's exercising of Treaty rights. See here
by rosebead
Thu May 15, 2014 4:50 pm
Forum: EU Settlement Scheme
Topic: Amendment to EEA Regulation from 1/01/2014 Singh diluted
Replies: 308
Views: 38890

Re: Amendment to EEA Regulation from 1/01/2014 Singh diluted

Thanks for that Obie. It's paragraph 22 that says this in case people want to skip reading the whole document. The judge accepts that Case C-456/12 is a "signficant development" and points out that the case law focuses more on the "right of residence" in a host country rather tha...
by rosebead
Thu May 15, 2014 2:11 pm
Forum: EU Settlement Scheme
Topic: EEA FP: required documents
Replies: 3
Views: 277

Re: EEA FP: required documents

No probs :-)
by rosebead
Thu May 15, 2014 2:09 pm
Forum: EU Settlement Scheme
Topic: REMOVAL OF PERSONS FROM UK
Replies: 21
Views: 1315

Re: REMOVAL OF PERSONS FROM UK

It is Home Office policy to deport EEA nationals and their family members when there is a "custodial sentence of 12 months or more for an offence involving drugs, violent or sexual crimes or a custodial sentence of 24 months or more for other offences" . And for minor offences, the Home Of...
by rosebead
Thu May 15, 2014 1:34 pm
Forum: EU Settlement Scheme
Topic: EEA FP: required documents
Replies: 3
Views: 277

Re: EEA FP: required documents

Try the COM (2009) 313 final. Point 2.2 on page 6 advises Member States on the visa requirements for non-EU family members.
by rosebead
Thu May 15, 2014 12:39 am
Forum: EU Settlement Scheme
Topic: Pls check the declaration letter of my husband if right
Replies: 8
Views: 1700

Re: Pls check the declaration letter of my husband if right

You can only send in what you've got, so if landlord receipts in your names for utility bills is all you have then include them. Payslips are always good. I guess it wouldn't hurt to put your partner's name on your account as it shows that your relationship is serious, but other than that it's only ...
by rosebead
Thu May 15, 2014 12:26 am
Forum: EU Settlement Scheme
Topic: can please any help with reconsideration letter
Replies: 48
Views: 4133

Re: can please any help with reconsideration letter

Your last post was not clear. Are you asking whether you can get your documents back? If so, all I can suggest to you is try this link that I previously posted. Generally people only use that link for the return of their passports, but maybe it can be used for other documents? Or instead of doing th...
by rosebead
Wed May 14, 2014 5:10 pm
Forum: EU Settlement Scheme
Topic: Pls check the declaration letter of my husband if right
Replies: 8
Views: 1700

Re: Pls check the declaration letter of my husband if right

Proof of his relatives currently living in Cyprus is certainly good evidence. Judging from what you've listed I would say those are good proofs of "integration" - I don't think it's necessary to go above board with this as I think a few proofs of integration is enough. In addtition to work...
by rosebead
Wed May 14, 2014 4:33 pm
Forum: EU Settlement Scheme
Topic: Pls check the declaration letter of my husband if right
Replies: 8
Views: 1700

Re: Pls check the declaration letter of my husband if right

Gym membership is only an example of what you could include, but if he's not a member already I wouldn't join up now as it looks too contrived. Proof of centre of life by the way does include employment, residence and family life (i.e. you living together), but in addition it might be good to includ...
by rosebead
Wed May 14, 2014 2:02 pm
Forum: EU Settlement Scheme
Topic: Pls check the declaration letter of my husband if right
Replies: 8
Views: 1700

Re: Pls check the declaration letter of my husband if right

Here's an old example of a Surinder Singh template letter before the centre of life rule changes on Jan 1st. You can adapt that letter to suit you. The British sponsor in that letter is applying for a Code 1A stamp but the principle is the same for EEA FP which you are applying for based on Regulat...
by rosebead
Wed May 14, 2014 12:13 pm
Forum: EU Settlement Scheme
Topic: EEA FP & criminal record
Replies: 16
Views: 3114

Re: EEA FP & criminal record

Kulla, whether you disclose or not, something like that is not going to affect an EEA application. You're not a repeat offender nor is a caution serious enough to warrant a refusal on EEA grounds.
by rosebead
Wed May 14, 2014 12:26 am
Forum: EU Settlement Scheme
Topic: Application for EEA Family permit- Please help me!!
Replies: 12
Views: 423

Re: Application for EEA Family permit- Please help me!!

No prob, good luck :)
by rosebead
Tue May 13, 2014 10:55 pm
Forum: EU Settlement Scheme
Topic: Application for EEA Family permit- Please help me!!
Replies: 12
Views: 423

Re: Application for EEA Family permit- Please help me!!

Your partner would then have to renounce his British citizenship, as the HO's restrictive view is that if you have British nationality (even if you have another EU nationality) then you are British, and so your partner would still have to complete the Surinder Singh route so that you can obtain EEA ...