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by wiggsy
Wed Sep 18, 2013 2:32 pm
Forum: EU Settlement Scheme
Topic: Updates on Zambrano applications
Replies: 1363
Views: 190386

is it any wonder. we'll apply for PR in 12 months on the basis of my daughter being born in 2009. it'll be refused, and we will appeal :) If it goes past the first teir we are planning on paying for a good HR barrister. a couple of grand is quite a bit of money - but it'll be money well spent - im s...
by wiggsy
Wed Sep 18, 2013 2:13 pm
Forum: EU Settlement Scheme
Topic: Updates on Zambrano applications
Replies: 1363
Views: 190386

they said they would be sending forms in the post soon the other week. but nothing has came yet, no date or anything. they did reply to my wifes email confirming that i'm now officially listed as her non-legal representative. - so i can keep emailing new bits of info to the court... did i mention th...
by wiggsy
Wed Sep 18, 2013 1:15 pm
Forum: EU Settlement Scheme
Topic: Updates on Zambrano applications
Replies: 1363
Views: 190386

thats good to hear. its essentially still a "COA" that confirms your original one is still valid.
by wiggsy
Wed Sep 18, 2013 12:28 pm
Forum: EU Settlement Scheme
Topic: zambrano
Replies: 1
Views: 363

ten years if your relying on outside of the rules...
by wiggsy
Wed Sep 18, 2013 12:26 pm
Forum: EU Settlement Scheme
Topic: Updates on Zambrano applications
Replies: 1363
Views: 190386

the employers need to contact the home office employers checking service.

also, did you send an email to all the addresses here: ukba email addresses

try calling Serena Bryant (0151 213 4443) - shes somebody high in the chain.
by wiggsy
Tue Sep 17, 2013 2:48 pm
Forum: EU Settlement Scheme
Topic: Applying on grounds of Automatic permanent residence
Replies: 22
Views: 3771

either way, you qualify... so there is no difference really. :) as your spouse has BC, it is clear he was qualified, so in your case, aquiring confirmation would not really be necessary. just ensure you confirm your dates :) your expired RC does not affect your right of residence. but definately inc...
by wiggsy
Mon Sep 16, 2013 3:27 pm
Forum: EU Settlement Scheme
Topic: Applying on grounds of Automatic permanent residence
Replies: 22
Views: 3771

your wife isnt the one that requires the PR stamp. it is yourself as the person applying for British Citizenship. (theres no real benefit for her to become british, and infact there are *disadvantages* for an EU citizen to become british). also, it is excersising treaty rights for FIVE years, not SI...
by wiggsy
Mon Sep 16, 2013 1:53 am
Forum: EU Settlement Scheme
Topic: Choi Saab
Replies: 5
Views: 485

Appeal and if sucessful claim the appeal fee back
by wiggsy
Thu Sep 12, 2013 8:42 pm
Forum: EU Settlement Scheme
Topic: Home Office Presenting Officer Information
Replies: 0
Views: 427

Home Office Presenting Officer Information

Thought that this might be useful to the bods around here:

(Thanks to Steven of BritCits for the request): https://www.whatdotheyknow.com/request/ ... ing-428967
by wiggsy
Thu Sep 12, 2013 12:38 am
Forum: EU Settlement Scheme
Topic: Derivative right refusal under Zambrano
Replies: 22
Views: 2484

European Commission Complaints - its the EU citizen child that is making the complaint (your acting on their behalf as their legal guardian) Ask them to reconsider the application on the basis that they appear to have judged the application in the wrong category... But i wouldnt hold your breath on...
by wiggsy
Tue Sep 10, 2013 6:44 pm
Forum: EU Settlement Scheme
Topic: Single Indian parent of (minor) Belgian child - Options?
Replies: 4
Views: 482

Re: Single Indian parent of (minor) Belgian child - Options?

This is interesting. Though I guess some qualified and EU law expert immigration advisor + lawyer should prepare his application. Any suggestions? There are no absolutely requirements for applications to be filled in by a qualified solicitor ETC. the EEA Family Permit application is free of charge....
by wiggsy
Tue Sep 10, 2013 6:40 pm
Forum: EU Settlement Scheme
Topic: Single Indian parent of (minor) Belgian child - Options?
Replies: 4
Views: 482

Re: Single Indian parent of (minor) Belgian child - Options?

He has been given British Visa many times (Business visa) but never actually travelled. This is odd. But interesting! He would seem to definitely qualify under Chen: http://www.bailii.org/eu/cases/EUECJ/2004/C20002.html In this case the parent can be with the child, but the parent must be self suff...
by wiggsy
Tue Sep 10, 2013 6:15 pm
Forum: EU Settlement Scheme
Topic: HELP needed urgently on surinder singh route
Replies: 32
Views: 2765

Singh doesn't mean being treated as EEA national for all aspects of the Free movement directive. It allows you under certain conditions to be regarded as such for certain elements of the directive. What you quoted refers to family members of (non UK) EEA nationals. The UK view Singh in a very narro...
by wiggsy
Tue Sep 10, 2013 6:12 pm
Forum: EU Settlement Scheme
Topic: HELP needed urgently on surinder singh route
Replies: 32
Views: 2765

We have been together over 5 years and have 2 british children . We have paid a fortune having 2 years brazil bills translated to prove this. This surely is what they are asking, or have I got something wrong ? The two years are more flexible if you have children... (and can therefore show a true r...
by wiggsy
Tue Sep 10, 2013 6:00 pm
Forum: EU Settlement Scheme
Topic: Email address to be unmarked on UKBA system? (been removed)
Replies: 2
Views: 501

it will remain on the file. you wont be able to get it removed.
by wiggsy
Sun Sep 08, 2013 3:42 pm
Forum: EU Settlement Scheme
Topic: GURUS HELP NEEDED !
Replies: 5
Views: 776

Dunno if this is going to be helpful at all: Retained Rights of Residence Evidence Policy - it is possible that the Home Office hold the "required information" on file already? Perhaps from previous applications ETC (Family Permit ETC?) You might find that the ex-employer would be unable t...
by wiggsy
Sun Sep 08, 2013 3:29 pm
Forum: EU Settlement Scheme
Topic: Derivative right refusal under Zambrano
Replies: 22
Views: 2484

well, you can appeal. But your likely to be waiting a long time. Alternatively, you can apply again... or write to them outlining that your application was not treated correctly. and it is clear that they didnt treat your application as legislation requires ETC. Write a letter of complaint to the EC...
by wiggsy
Sun Sep 08, 2013 3:14 pm
Forum: EU Settlement Scheme
Topic: Singh route and work options
Replies: 8
Views: 631

it depends on where your working ETC, but its possible you could be liable for tax only in the UK. :) there are lots of Tax agreements with countries etc (obviously, its a good thing to look into that etc). This is information from CSA Guidance, but its UK government issued guidance: Deciding on Hab...
by wiggsy
Sun Sep 08, 2013 3:05 pm
Forum: EU Settlement Scheme
Topic: EU Marriage after divorce under Spouse VISA
Replies: 22
Views: 5112

the "church of england" is part of the anglican (sorry, my post was a little misleading/misinformed on that comment). The actual thing is Anglican, to which church of england is part of. (I stated Church of England, because they are usually tied together). http://en.wikipedia.org/wiki/Angl...
by wiggsy
Sun Sep 08, 2013 2:59 am
Forum: EU Settlement Scheme
Topic: Singh route and work options
Replies: 8
Views: 631

no I would go alone and return for 2 weeks every 2 months BUT won't risk it if there is any doubt. uk = 1.5 years. It might do and in particular their ability to claim permanent residence. Will they travel with you? Generally, you can be absent for up to six months per year without affecting their ...
by wiggsy
Sun Sep 08, 2013 12:23 am
Forum: EU Settlement Scheme
Topic: Updates on Zambrano applications
Replies: 1363
Views: 190386

The case of Bassey and Para 24 was highlighted specifically by Barbara Muldoon in her comment on FreeMovement. Nice little highlight, which i'm sure will serve anyone of the applicants who have been told they can leave because the mother/father can care for the child. And as other specific highlight...
by wiggsy
Sat Sep 07, 2013 2:07 pm
Forum: EU Settlement Scheme
Topic: Derivative right refusal under Zambrano
Replies: 22
Views: 2484

Let's explain you in more detail about these categories. A catagory. For all childs who holds any EU country passports fall in this catagory even if applicant tick B or C or D by mistake or intensionally. B catagory, For all childs who holds British citizenships.does not matter which catagory appli...
by wiggsy
Sat Sep 07, 2013 11:24 am
Forum: EU Settlement Scheme
Topic: Liverpool EU Marriage Team Interview
Replies: 21
Views: 10320

Re: eea2 application refused after interview

very sad, i have got few question wrong, like the size of wife shoe etc. i dont knw that they will do. still waiting my application refused today, reason being we got some of the questions wrong, pls can anybody help out on what to do next, should I need to appeal or re-apply? timeline: sent: coa r...
by wiggsy
Sat Sep 07, 2013 11:19 am
Forum: EU Settlement Scheme
Topic: Derivative right refusal under Zambrano
Replies: 22
Views: 2484

however you look at it any child of an EEA national is definitely going to take that nationality. Not necessarily. I know Indonesian nationality law means that a child takes the fathers nationality. and Indonesian law only allows one nationality (with a sort of "Excemption" until the chil...
by wiggsy
Sat Sep 07, 2013 10:47 am
Forum: EU Settlement Scheme
Topic: Updates on Zambrano applications
Replies: 1363
Views: 190386

I came home today to a refusal letter from HO but what I don't understand is the basis of refusal. I applied as the primary carer of an EEA child in education in the UK. On the DRF form there are four categories in which you chose the category for which you are applying. I chose category D but the ...