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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
Not on retained rights, as you have correctly summarised in your post.Waseem432000 wrote: ↑Mon Apr 20, 2020 8:48 pmIs there any way my sister can stay in the country by keeping her retained rights?
Yes, she can stay in the UK on the basis of being the parent of EEA citizen children living in the UK. These are called Chen cases. See here for more information and application form and guidance on how caseworkers would assess the cases.Waseem432000 wrote: ↑Mon Apr 20, 2020 8:48 pmHer kids, both Italian citizens, have been going to school for the last few months. Can she stay as a parent to the EEA citizens and if yes, does she need to apply for a new visa?
Yes. My brother-in-law worked in a food packing factory and also in a takeaway before he was diagnosed with lung cancer and yes, both kids are studying in schools.
My sister has gotten a job recently and she plans to work full time to support her kids.secret.simon wrote: ↑Wed Apr 29, 2020 9:54 amI don't see much of a difference between the two. Both of them lead to the issue of a derivative residence card.
Keep in mind that benefits can't be claimed for holders of a derivative benefits card. So effectively the family will have to be self-sufficient anyway.
You mean incorrect advice, right? Because they somehow seem to think that if she was in the UK immediately before the death of her EEA sponsor, that waives off the one year period of them being together in the UK but I am sure there is no provision like that in the law. I will advise her to go for a derivative residence or get her own Italian passport and then apply for EU settlement which may take a long time.Obie wrote: ↑Wed Apr 29, 2020 3:49 pmThe advise the gave to her is correct, she was not residing in the UK in the 12 months preceding the death of the qualified person.
Therefore as Secret Simon correctly stated, she could not retain a right of residence based on the marriage, as she had only been living in the UK for 6 month prior to the Qualified person's demise.
However she may qualify under Ibrahim Teixeira.
That's their email which she received.Obie wrote: ↑Wed Apr 29, 2020 3:49 pmThe advise the gave to her is correct, she was not residing in the UK in the 12 months preceding the death of the qualified person.
Therefore as Secret Simon correctly stated, she could not retain a right of residence based on the marriage, as she had only been living in the UK for 6 month prior to the Qualified person's demise.
However she may qualify under Ibrahim Teixeira.
The UKV&I contact centre is indeed outsourced and will likely not be able to assist accurately with any non-standard situations.Waseem432000 wrote: ↑Sun Aug 16, 2020 3:19 pmI am not sure if a third party runs that resolution centre operation for the UK government
That's exactly what I thought. Do you suggest we should call again and ask them for any confirmation in shape of a letter or email that we have called them for change of circumstances? The scenerio I am fearing most is for my sister to fly out of the country only to be stopped at immigration counter on her way back and informed that she wasn't suppose to fly without a new immigration status.secret.simon wrote: ↑Sun Aug 16, 2020 3:33 pmThe UKV&I contact centre is indeed outsourced and will likely not be able to assist accurately with any non-standard situations.Waseem432000 wrote: ↑Sun Aug 16, 2020 3:19 pmI am not sure if a third party runs that resolution centre operation for the UK government
Hi Star, Great questions.
The Ibrahim and Teixeira right of residence is not a Free Movement right but is a "derivative right". This means that the recognition of this right by the UK is not equal to rights under Directive 2004/38/EC (“the Directive”). Recognition of a derivative right does not result in the beneficiary of that right being treated as a qualified person for the purposes of the Regulations and therefore such a person cannot sponsor family members under the Regulations. Nor does recognition of such a derivate right attract the public policy protection against removal or deportation from the United Kingdom that is given to those exercising free movement rights or entitle the beneficiary to rights of permanent residence in the UK.RECOGNISING that it is necessary to provide reciprocal protection for Union citizens and for United Kingdom nationals, as well as their respective family members, where they have exercised free movement rights before a date set in this Agreement, and to ensure that their rights under this Agreement are enforceable and based on the principle of non-discrimination; recognising also that rights deriving from periods of social security insurance should be protected,
lolwe, thank you so much, this go a long way but does Section 3C cover this category of people if they have not been answered by 31 December with either deal or no deal.lolwe wrote: ↑Mon Nov 16, 2020 4:09 pmFurther information on the Withdrawal Agreement Hope this helps...
...........
Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community PART TWO CITIZENS' RIGHTS, TITLE I, GENERAL PROVISIONS, ARTICLE 9 Definitions
For the purposes of this Part, and without prejudice to Title III, the following definitions shall apply:
(a) "family members" means the following persons, irrespective of their nationality, who fall within the personal scope provided for in Article 10 of this Agreement:
(i) family members of Union citizens or family members of United Kingdom nationals as defined in point (2) of Article 2 of Directive 2004/38/EC of the European Parliament and of the Council1;
..........
DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004 CHAPTER I General provisions Article 2 Definitions
For the purposes of this Directive:
2) "Family member" means:
(a) the spouse;
(b) the partner with whom the Union citizen has contracted a registered partnership, on the basis of the legislation of a Member State, if the legislation of the host Member State treats registered partnerships as equivalent to marriage and in accordance with the conditions laid down in the relevant legislation of the host Member State;
(c) the direct descendants who are under the age of 21 or are dependants and those of the spouse or partner as defined in point (b);
(d) the dependent direct relatives in the ascending line and those of the spouse or partner as defined in point (b);
..........
Per the Home Office: Derivative rights of residence – Ibrahim/Teixeira cases
This right of residence is not a Free Movement right but is a "derivative right‟. This means that the recognition of this right by the UK is not equal to rights under Directive 2004/38/EC (“the Directive”).
Hi Star,star31 wrote: ↑Mon Nov 16, 2020 5:34 pmlolwe, thank you so much, this go a long way but does Section 3C cover this category of people if they have not been answered by 31 December with either deal or no deal.lolwe wrote: ↑Mon Nov 16, 2020 4:09 pmFurther information on the Withdrawal Agreement Hope this helps...
...........
Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community PART TWO CITIZENS' RIGHTS, TITLE I, GENERAL PROVISIONS, ARTICLE 9 Definitions
For the purposes of this Part, and without prejudice to Title III, the following definitions shall apply:
(a) "family members" means the following persons, irrespective of their nationality, who fall within the personal scope provided for in Article 10 of this Agreement:
(i) family members of Union citizens or family members of United Kingdom nationals as defined in point (2) of Article 2 of Directive 2004/38/EC of the European Parliament and of the Council1;
..........
DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004 CHAPTER I General provisions Article 2 Definitions
For the purposes of this Directive:
2) "Family member" means:
(a) the spouse;
(b) the partner with whom the Union citizen has contracted a registered partnership, on the basis of the legislation of a Member State, if the legislation of the host Member State treats registered partnerships as equivalent to marriage and in accordance with the conditions laid down in the relevant legislation of the host Member State;
(c) the direct descendants who are under the age of 21 or are dependants and those of the spouse or partner as defined in point (b);
(d) the dependent direct relatives in the ascending line and those of the spouse or partner as defined in point (b);
..........
Per the Home Office: Derivative rights of residence – Ibrahim/Teixeira cases
This right of residence is not a Free Movement right but is a "derivative right‟. This means that the recognition of this right by the UK is not equal to rights under Directive 2004/38/EC (“the Directive”).
@ lolwe, thank you for your honesty.lolwe wrote: ↑Mon Nov 16, 2020 6:46 pmHi Star,star31 wrote: ↑Mon Nov 16, 2020 5:34 pmlolwe, thank you so much, this go a long way but does Section 3C cover this category of people if they have not been answered by 31 December with either deal or no deal.lolwe wrote: ↑Mon Nov 16, 2020 4:09 pmFurther information on the Withdrawal Agreement Hope this helps...
...........
Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community PART TWO CITIZENS' RIGHTS, TITLE I, GENERAL PROVISIONS, ARTICLE 9 Definitions
For the purposes of this Part, and without prejudice to Title III, the following definitions shall apply:
(a) "family members" means the following persons, irrespective of their nationality, who fall within the personal scope provided for in Article 10 of this Agreement:
(i) family members of Union citizens or family members of United Kingdom nationals as defined in point (2) of Article 2 of Directive 2004/38/EC of the European Parliament and of the Council1;
..........
DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004 CHAPTER I General provisions Article 2 Definitions
For the purposes of this Directive:
2) "Family member" means:
(a) the spouse;
(b) the partner with whom the Union citizen has contracted a registered partnership, on the basis of the legislation of a Member State, if the legislation of the host Member State treats registered partnerships as equivalent to marriage and in accordance with the conditions laid down in the relevant legislation of the host Member State;
(c) the direct descendants who are under the age of 21 or are dependants and those of the spouse or partner as defined in point (b);
(d) the dependent direct relatives in the ascending line and those of the spouse or partner as defined in point (b);
..........
Per the Home Office: Derivative rights of residence – Ibrahim/Teixeira cases
This right of residence is not a Free Movement right but is a "derivative right‟. This means that the recognition of this right by the UK is not equal to rights under Directive 2004/38/EC (“the Directive”).
I am not 100% confident about what the UK will do if there is no deal.
I heard this Thursday is a final deadline. But that has been said before.
Maybe one of the moderators can answer your question?