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please help!

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

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mocha
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Posts: 23
Joined: Wed Mar 20, 2013 2:57 pm

please help!

Post by mocha » Mon Nov 04, 2013 8:40 pm

Hi

Could you please shed some light on this matter!!

I am a non-EU resident and last year i obtained the EEA family visa for next 5 years as my wife is from the EU. In June this year, i was eligible to apply for 10 year long resident, which i did in June and last week I got my indefinite leave to remain.

Here is the problem, i was able to travel freely with my wife to any other EU countries under my EEA family visa. however, as i just got my passport and biometric residence permit card for my indefinite leave to remain back. UKBA have cancelled my EEA family visa (there was a red stamp over my EEA family visa saying "LEAVE SUPERSEDED BY BIOMETRIC RESIDENCE PERMIT".)

My question is that if i want to go to any EU countries, do i need to apply for visa?

thanks for your help in advance.

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Mon Nov 04, 2013 8:56 pm

First, they should have not cancelled your RC. It can still co-exist with ILR. You should complain.

Second, if travelling together with your wife visa is not required but is recommended if travelling by air as airline will give you hard time without a (free) visa or RC.

mocha
Newly Registered
Posts: 23
Joined: Wed Mar 20, 2013 2:57 pm

Post by mocha » Mon Nov 04, 2013 9:18 pm

Jambo wrote:First, they should have not cancelled your RC. It can still co-exist with ILR. You should complain.

Second, if travelling together with your wife visa is not required but is recommended if travelling by air as airline will give you hard time without a (free) visa or RC.

i see, thanks Jambo. i may have to speak to my lawyer again.

mocha
Newly Registered
Posts: 23
Joined: Wed Mar 20, 2013 2:57 pm

Post by mocha » Mon Nov 04, 2013 9:23 pm

Jambo wrote:First, they should have not cancelled your RC. It can still co-exist with ILR. You should complain.

Second, if travelling together with your wife visa is not required but is recommended if travelling by air as airline will give you hard time without a (free) visa or RC.

i see, thanks Jambo. i may have to speak to my lawyer again.

Universal soldier
BANNED
Posts: 524
Joined: Tue Jul 23, 2013 9:04 pm

Re: please help!

Post by Universal soldier » Mon Nov 04, 2013 9:41 pm

mocha wrote:Hi

Could you please shed some light on this matter!!

I am a non-EU resident and last year i obtained the EEA family visa for next 5 years as my wife is from the EU. In June this year, i was eligible to apply for 10 year long resident, which i did in June and last week I got my indefinite leave to remain.

Here is the problem, i was able to travel freely with my wife to any other EU countries under my EEA family visa. however, as i just got my passport and biometric residence permit card for my indefinite leave to remain back. UKBA have cancelled my EEA family visa (there was a red stamp over my EEA family visa saying "LEAVE SUPERSEDED BY BIOMETRIC RESIDENCE PERMIT".)

My question is that if i want to go to any EU countries, do i need to apply for visa?

thanks for your help in advance.
hello mocha.
congratulation on your ILR. Can you share as what documents did you sent for ILR - 10 years long residence application.
much appreciation will be.

mocha
Newly Registered
Posts: 23
Joined: Wed Mar 20, 2013 2:57 pm

Re: please help!

Post by mocha » Mon Nov 04, 2013 10:21 pm

Universal soldier wrote:
mocha wrote:Hi

Could you please shed some light on this matter!!

I am a non-EU resident and last year i obtained the EEA family visa for next 5 years as my wife is from the EU. In June this year, i was eligible to apply for 10 year long resident, which i did in June and last week I got my indefinite leave to remain.

Here is the problem, i was able to travel freely with my wife to any other EU countries under my EEA family visa. however, as i just got my passport and biometric residence permit card for my indefinite leave to remain back. UKBA have cancelled my EEA family visa (there was a red stamp over my EEA family visa saying "LEAVE SUPERSEDED BY BIOMETRIC RESIDENCE PERMIT".)


My question is that if i want to go to any EU countries, do i need to apply for visa?

thanks for your help in advance.
hello mocha.
congratulation on your ILR. Can you share as what documents did you sent for ILR - 10 years long residence application.
much appreciation will be.

hi, everything what they asked for, such as bank statement, degree certificate, application form and covering letter and so on (can't remember). i used a lawyer who prepared a few things for me as well, which i was not sure exactly what they were. i remember i signed a few documents and did not really pay attention as my lawyer said he would take care of everything.


sorry if i can't help you there

vinny
Moderator
Posts: 32964
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Mon Nov 04, 2013 10:27 pm

njoy1987 wrote:apply for Schengen visa and you can go to the following countries for 90 days in 6 months period

Austria
Belgium
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Iceland
Italy
Latvia
Lithuania
Luxembourg
Malta
Netherlands
Norway
Poland
Portugal
Slovakia
Slovenia
Spain
Sweden
Switzerland
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.

vickylol
Newbie
Posts: 30
Joined: Mon Jul 15, 2013 7:45 am

Re: please help!

Post by vickylol » Wed Nov 06, 2013 2:39 pm

mocha wrote:Hi

Could you please shed some light on this matter!!

I am a non-EU resident and last year i obtained the EEA family visa for next 5 years as my wife is from the EU. In June this year, i was eligible to apply for 10 year long resident, which i did in June and last week I got my indefinite leave to remain.

Here is the problem, i was able to travel freely with my wife to any other EU countries under my EEA family visa. however, as i just got my passport and biometric residence permit card for my indefinite leave to remain back. UKBA have cancelled my EEA family visa (there was a red stamp over my EEA family visa saying "LEAVE SUPERSEDED BY BIOMETRIC RESIDENCE PERMIT".)

My question is that if i want to go to any EU countries, do i need to apply for visa?

thanks for your help in advance.


Hi
i Need some Info regarding about your 10 years long residence because i am in same boat student then EEA2.
going to apply for 10 years long residence this month so i need to know what documents have u submit from your wife side that she is exercise EU treaty right.
i will be very thankful to you.

mocha
Newly Registered
Posts: 23
Joined: Wed Mar 20, 2013 2:57 pm

Re: please help!

Post by mocha » Wed Nov 06, 2013 11:00 pm

vickylol wrote:
mocha wrote:Hi

Could you please shed some light on this matter!!

I am a non-EU resident and last year i obtained the EEA family visa for next 5 years as my wife is from the EU. In June this year, i was eligible to apply for 10 year long resident, which i did in June and last week I got my indefinite leave to remain.

Here is the problem, i was able to travel freely with my wife to any other EU countries under my EEA family visa. however, as i just got my passport and biometric residence permit card for my indefinite leave to remain back. UKBA have cancelled my EEA family visa (there was a red stamp over my EEA family visa saying "LEAVE SUPERSEDED BY BIOMETRIC RESIDENCE PERMIT".)

My question is that if i want to go to any EU countries, do i need to apply for visa?

thanks for your help in advance.


Hi
i Need some Info regarding about your 10 years long residence because i am in same boat student then EEA2.
going to apply for 10 years long residence this month so i need to know what documents have u submit from your wife side that she is exercise EU treaty right.
i will be very thankful to you.
i don't remember my lawyer asked me anything to do with my eea2 documents. just everything i needed for ilr. hope it helps.

mocha
Newly Registered
Posts: 23
Joined: Wed Mar 20, 2013 2:57 pm

Post by mocha » Wed Nov 06, 2013 11:06 pm

mocha wrote:
Jambo wrote:First, they should have not cancelled your RC. It can still co-exist with ILR. You should complain.

Second, if travelling together with your wife visa is not required but is recommended if travelling by air as airline will give you hard time without a (free) visa or RC.

i see, thanks Jambo. i may have to speak to my lawyer again.

my lawyer has spoken to ukba, they are now saying that i can only have one status under the uk immigration law, even though a friend of mine, she has eea2 as well as ilr at the same time, i know that for fact and i have seen her documents.

vinny
Moderator
Posts: 32964
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed Nov 06, 2013 11:10 pm

The EEA regulations are not under the UK Immigration rules.

Therefore, the cancellation was in error.

Moreover, EEA documents do not convey leave and there was also no "leave" to supersede.
Last edited by vinny on Wed Nov 06, 2013 11:27 pm, edited 1 time in total.
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.

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Wed Nov 06, 2013 11:27 pm

It is clear they are not familiar with the EEA Regulations. Complain and get them to rectify the mistake they made. Otherwise it wili cost you £55 and several months and/or Schengen visas.

mocha
Newly Registered
Posts: 23
Joined: Wed Mar 20, 2013 2:57 pm

Post by mocha » Thu Nov 07, 2013 8:26 am

vinny wrote:The EEA regulations are not under the UK Immigration rules.

Therefore, the cancellation was in error.

Moreover, EEA documents do not convey leave and there was also no "leave" to supersede.
thanks Vinny and Jambo, you have been a great help. i will forward all the links to my lawyer and get him to talk to them again.

Universal soldier
BANNED
Posts: 524
Joined: Tue Jul 23, 2013 9:04 pm

Re: please help!

Post by Universal soldier » Thu Nov 14, 2013 11:27 pm

mocha wrote:
Universal soldier wrote:
mocha wrote:Hi

Could you please shed some light on this matter!!

I am a non-EU resident and last year i obtained the EEA family visa for next 5 years as my wife is from the EU. In June this year, i was eligible to apply for 10 year long resident, which i did in June and last week I got my indefinite leave to remain.

Here is the problem, i was able to travel freely with my wife to any other EU countries under my EEA family visa. however, as i just got my passport and biometric residence permit card for my indefinite leave to remain back. UKBA have cancelled my EEA family visa (there was a red stamp over my EEA family visa saying "LEAVE SUPERSEDED BY BIOMETRIC RESIDENCE PERMIT".)


My question is that if i want to go to any EU countries, do i need to apply for visa?

thanks for your help in advance.
hello mocha.
congratulation on your ILR. Can you share as what documents did you sent for ILR - 10 years long residence application.
much appreciation will be.

hi, everything what they asked for, such as bank statement, degree certificate, application form and covering letter and so on (can't remember). i used a lawyer who prepared a few things for me as well, which i was not sure exactly what they were. i remember i signed a few documents and did not really pay attention as my lawyer said he would take care of everything.


sorry if i can't help you there
hello mocha.
Do you at least remember that with ILR application- 10 years basis, did you supply the passport/id card of your EEA national partner? Is that necessary to attach as its copy/record is already in the UKBA system when getting EEA2 visa.

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