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Qualifying EEA state Residence Card

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

G4B3R
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Re: Qualifying EEA state Residence Card

Post by G4B3R » Sat Mar 21, 2015 4:08 pm

acme4242 wrote:
rosebead wrote:It is exactly as I said, toofan, but if it helps here's what they wrote:
German and Estonian residence cards are now allowed under the Immigration (European Economic Area) Regulations 2006 [as amended] (“the Regulations”), but only where the Regulations specifically state they can be provided. The parts of the Regulations that deal with the family members of British citizens are regulations 9 and 15A(4A); these parts of the Regulations are unaffected by the change regarding German and Estonian ID cards.

The Immigration Rules remain unaffected by the change.

Therefore, the family member of a British citizen must either obtain entry clearance in the usual manner or would be advised to obtain an EEA Family Permit to confirm that they were the family member of a British citizen exercising free movement rights in another EEA member state before attempting to enter the UK under the EEA route.

I hope this helps.

Kind regards,



European Operational Policy Team
What dishonesty is this, The McCarthy Case was about a British/Irish Citizen,
so will they say his family still needs a family permit, even ECJ says no

So as this states that for British Citizens and family members of EU citizen exercising treaty rights in GERMANY (with German Residency Permit) Can just go to UK without the EEA family Permit visa from British Embassy? or am I understanding it differently?

Many Thanks

vinny
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Re: Qualifying EEA state Residence Card

Post by vinny » Mon Mar 23, 2015 1:09 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

G4B3R
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Re: Qualifying EEA state Residence Card

Post by G4B3R » Mon Mar 23, 2015 6:29 am

''Family members of British citizens residing in another EEA state are therefore encouraged to apply for an EEA Family Permit before travelling back to the UK.

So it states the above, but i thought it doesn't apply to those with German residency card as family member of eu citizen ( British Citizen).

Now this has turned the tables around as it is contradicting everything that was said on the forum regarding my case?

Any help please?

G4B3R
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Posts: 45
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Re: Qualifying EEA state Residence Card

Post by G4B3R » Tue Mar 24, 2015 8:05 pm

Please anyone have any answer:
''Family members of British citizens residing in another EEA state are therefore encouraged to apply for an EEA Family Permit before travelling back to the UK.

So it states the above, but i thought it doesn't apply to those with German residency card as family member of eu citizen ( British Citizen).

Now this has turned the tables around as it is contradicting everything that was said on the forum regarding my case?
Does my wife need to apply for the EEA Family Permit Visa or she can go with the law that said she doesn't?

Any help please?

infors
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Re: Qualifying EEA state Residence Card

Post by infors » Tue Mar 24, 2015 10:39 pm

As far as I read this information (and big thanks again to vinny for providing it!) - all EU residence cards will be accepted from the start of April, except:
  • If the EEA national is British, this is not yet covered by British law but will be updated in time in accordance with the ruling
  • If the Non-EEA family member has an Article 20 residence card because they've lived long enough to gain permanent residence and therefore do not have an Article 10 card that explicitly states on the card "family member of **EEA Citizen Name**". This has been overseen in both the judgements and the law and doesn't look like it will be changed :(

G4B3R
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Re: Qualifying EEA state Residence Card

Post by G4B3R » Wed Mar 25, 2015 12:20 pm

infors wrote:As far as I read this information (and big thanks again to vinny for providing it!) - all EU residence cards will be accepted from the start of April, except:
  • If the EEA national is British, this is not yet covered by British law but will be updated in time in accordance with the ruling
  • If the Non-EEA family member has an Article 20 residence card because they've lived long enough to gain permanent residence and therefore do not have an Article 10 card that explicitly states on the card "family member of **EEA Citizen Name**". This has been overseen in both the judgements and the law and doesn't look like it will be changed :(
Thanks for the reply, This has just shattered all my dreams :(.
So when do you thing this will apply for British Citizens because that is the most unreasonable law ever and this will continue to separate me from my country as i am having to rely on the 3rd country to live with my wife and daughter.

euroguys
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Re: Qualifying EEA state Residence Card

Post by euroguys » Wed Mar 25, 2015 5:04 pm

It doesnt prevent you under Singh whats stopping you from applying for a FP? I entered twice in 2013 with a five year card from the host country and got a 1a stamp on both occasions
2011 Sep EEA1- Portugal
2011 Nov Wife arrived
2012 Jan EEA2 Issued to Wife
2013 Apr 1a issued on arrival at port spain
2013 Nov 1a issued after day trip france
2013 Dec EEA2 applied for
2014 Jan CoA with work 3 weeks
2014 Jan Passports returned

G4B3R
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Re: Qualifying EEA state Residence Card

Post by G4B3R » Wed Mar 25, 2015 5:55 pm

euroguys wrote:It doesnt prevent you under Singh whats stopping you from applying for a FP? I entered twice in 2013 with a five year card from the host country and got a 1a stamp on both occasions
Thanks for the reply.
The thing is I only worked for 3 months when i first came to germany and i have been here for total 6 months.
I still got the work contract but no longer working.
So I would have to find a job and it is difficult as I am studying the language at the moment.
Just thought that it is stupid to allow every other person except those that are British :(

I appreciate all the support guys.

rosebead
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Re: Qualifying EEA state Residence Card

Post by rosebead » Thu Mar 26, 2015 4:21 pm

As mentioned earlier in this thread, the problem is that Regulation 2 defines " EEA nationals" as all EEA nationals apart from British nationals. British nationals could be considered as "EEA nationals" but only if they satisfied Regulation 9. If the EEA Regulations were to be taken literally, this would mean that Regulation 9 would have to be satisfied before family members of British nationals could use their host country residence cards to enter the UK. If the UK decided to take this stance on 6th April, this would mean the McCarthys would still not be able to visit the UK without a great deal of hassle at the border every time they visited. This totally defeats the purpose of McCarthy case law.

G4B3R
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Re: Qualifying EEA state Residence Card

Post by G4B3R » Thu Mar 26, 2015 4:59 pm

rosebead wrote:As mentioned earlier in this thread, the problem is that Regulation 2 defines " EEA nationals" as all EEA nationals apart from British nationals. British nationals could be considered as "EEA nationals" but only if they satisfied Regulation 9. If the EEA Regulations were to be taken literally, this would mean that Regulation 9 would have to be satisfied before family members of British nationals could use their host country residence cards to enter the UK. If the UK decided to take this stance on 6th April, this would mean the McCarthys would still not be able to visit the UK without a great deal of hassle at the border every time they visited. This totally defeats the purpose of McCarthy case law.

True but he is dual national and he can use his Irish Nationality to take advantage of this as the remove the UK National from there and only left the British National.

But for my case I have the documents to prove satisfying Regulation 9 but i don't want the hassle to plan our trip to UK for few months I want to be able to just book our flights and travel. So this is really annoying.

victor tigana
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Re: Qualifying EEA state Residence Card

Post by victor tigana » Tue Apr 07, 2015 3:12 pm

hello good friends here i need your help i am about to apply for EEA2 resident card here in Uk
MY fiance is from latvia and we have been together for 2 years and only prove of address i can afford to
is only a year and 2months please Advise me if i have hope
thank you so much

deebaba
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Re: Qualifying EEA state Residence Card

Post by deebaba » Tue Apr 07, 2015 7:34 pm

Hi guys,
I submitted my application 17th Sept, 2014 and got confirmation 5th of November that my application has been assigned to a caseworker. Because its been months now, I decided to mail UKBA on the 31st of march telling them about my situation and how frustrated I am. UKBA officers( 2 of them) visited my flat on the 5th of March just to see if I am a genuine applicant, I was not home but they met my partner and my twin babies. And today, I got a letter the UKBA. Below is the content of the letter


Dear Mr xxxx

Thank you for your email dated 31st March, 2015.Please note that the Home office will endeavour to consider all applications within 6 months of receipt. Your application will therefore be considered by 20th April.

Just want to know if anyone has received any letter like this before?

Thanks

clnsen
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Re: Qualifying EEA state Residence Card

Post by clnsen » Sun Apr 26, 2015 1:28 pm

is there a list with qualifying eea state cards which are valid for travel without visa ?

noajthan
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Location: UK

Re: Qualifying EEA state Residence Card

Post by noajthan » Mon Feb 08, 2016 6:40 pm

@stupenda, to avoid confusion & jumbled responses, I have moved your question to its own thread:
http://www.immigrationboards.com/eea-ro ... 02775.html
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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