MODERATORS AND MEMBERS ONE VOICE

[Wise]

Hi everyone,

Please i will like to express my own opinion as regarding the HO not complying with EU law especially with NON EU applications and it has been happening for so long. Does it means that we all don't have any say at all when it comes to ask for our right under EU law.

Moreover, some people will remember when many Polish came here and was ask to work full year before entitle to any financial assistant they all fight against it and it was cancel and also some of their interpretations which has lead some people being refused on many EEA applications.

My suggestions are, can we NON EEA appoint any qualify legal person withing the forum to argue this with HO as regarding what the regulations actually says and stick by it, and not issuing COA with correct wordings/delay in issuing, changing applications every week, asking irrelevant questions in the application just to trap people and get refused.

MAY BE WE SHOULD CONTRIBUTE SOME PENNY VOLUNTARILY TO APPOINT THIS PERSON ON OUR BEHALF. I BELIEVE IT WILL WORK, BECAUSE HIGHLY SKILLED IMMIGRANT HAS DONE THE SAME IN THE PAST AND THEY WON THEIR ARGUMENTS WITH HO.

ANY SUGGESTIONS IS WELCOME PLEASE

THANKS.

[chriskv1]

I had posted a link to a petition against the HO regarding mistreatment of non EEA family members of EEA nationals . Some moderator removed it claiming its advertising even though it linked to a government website. Even though it doesn't address this issue directly , the petition would atleast bring some reform into this whole ordeal if it was to get enough signatures .

Code: Select all

petition dot parliament dot uk /petitions /105138

Try to spread it and get more signatures into it . Hope the moderator doesn't see this as advertising.

The defininiton of advertising is :

the activity or profession of producing advertisements for commercial products or services.

And this isn't that.

[Wise]

I wasn't aware of your own petition in the past, but I think is many applicant will still feel the pain until only God knows. Beside we shall all see when £65 for application being raise to £6500.

[UKBA HUNTER]

I don't think it will even work in such a way because they are fed up and too tired from eu route applications which is the only route left for non-eu nationals to stay here after the closure of all other routes. Although they are breaking eu laws but for securing their borders and labour market they have to discourage even penalize the ficticious couples. They still welcome genuine couples and still granting them RC. No eu country 100% comply with eu law. And it's more likely to happen that UK get out from European Union.
Mostly the marriage between eu and non-eu national lasts between 2-3 years and they are aware of that too.

[Teerak]

I don't think it will even work in such a way because they are fed up and too tired from eu route applications which is the only route left for non-eu nationals to stay here after the closure of all other routes. Although they are breaking eu laws but for securing their borders and labour market they have to discourage even penalize the ficticious couples. They still welcome genuine couples and still granting them RC. No eu country 100% comply with eu law. And it's more likely to happen that UK get out from European Union.
Mostly the marriage between eu and non-eu national lasts between 2-3 years and they are aware of that too.

Please can you give us the source of your information on the length of most of the marriages between EU and Non-EU nationals? It's an interesting statistics.

[secret.simon]

Search on these forums for queries about the "Retained Right of Residence" or "RoR" and how coincidentally, most of them seem to occur around the three year requirement.

[secret.simon]

I think that non-EEA relatives of EEA citizens are far too pampered anyway. They pay next to nothing for their visas, acquire rights automatically, not by leave, etc. That is of course because they get their rights under EU law.

But I think that that may change soon. My opinion is that these rights are not written into the EU treaties, but are based on directives and judicial opinion. The treaties only safeguard the rights of the EEA citizens themselves. It is directives that extend the rights to the Non-EEA relatives. And directives can be repealed, rewritten and amended much more simply than treaties.

I expect that these would be low-lying fruit that David Cameron can actually collect and that the other EU countries will voluntarily reduce these rights to keep the UK within the EU. Remember, the rights of the EEA citizens won't be affected and so the EU governments would not be negatively affected by this.

Launching a law suit to highlight this issue just when the Brexit referendum is due to kick off will highlight the relatively pampered options for non-EEA relatives of EEA citizens and will likely not go down well. Remember that it is very difficult for British citizens to get their own families into the UK and non-EEA relatives of other EU citizens cannot rely on a lot of sympathy.

And EU citizens and their relatives have no vote in the Brexit referendum.

[UKBA HUNTER]

"A marriage between EU & non-EU national should be prounced as mirage"

[secret.simon]

"A marriage between EU & non-EU national should be prounced as mirage"

That might be the French/EU favoured pronunciation

You seem to be even more sceptical than me. I would not necessarily see it that way. The EU is a mix of cultures and there are affinities between EEA and non-EEA cultures. For instance, Romanians and Moldovans; Poles and people from Western Ukraine, etc. Also, remember that the EEA citizens include many people with non-EEA cultures, such as people of Turkish origin in Germany, of Somali origin in Sweden and of North African origin in France, all of whom are more likely to marry people of their culture than of their country. So, I would not be so dismissive of an EEA-nonEEA marriage. I just don't think that that should be the basis of bypassing the immigration law of a third country by means of a treaty right.