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Topic: Not public funds for Immigration purposes?  (Read 2981 times)

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Re: Not public funds for Immigration purposes?
« Reply #15 on: January 20, 2019, 11:18:03 AM »
I'm sure Germany is a lovely country. It is certainly an efficient country, which would be a nice change.  ;)
But I'm happy here, and I'm having enough trouble with the language barrier in Scotland, where at least a few of the words are in English.  ;) ;)

I SO do not want to have to learn to speak German to be able to keep up with the regulations, etc. I tried a "Learn Basic German" through their government-sponsored online program and it was just hideously painful. (Old school grammar lessons, etc., and that's not the way I learn.)
« Last Edit: January 23, 2019, 12:39:05 PM by Nan D. »


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Re: Not public funds for Immigration purposes?
« Reply #16 on: January 20, 2019, 11:36:04 AM »

Isn't this why Germany said they would refuse her under EU rules when you thought about moving there; because she was not your Direct Family Member there and they would refuse her as an Extended Family Member?


Sorry, you added that last bit after I answered earlier.  I think I either asked the wrong question of Germany (didn't phrase it as EU dependent) or got a bad answer. The Reyes and Jia Eu Court cases are pretty clear. Slogging through the German boards (where things tend to be, well, in German!) is rather difficult. The ones in English tend to omit the "or over 21 and dependent" from all the bulletpoints. It was my understanding that EU free movement law trumped national laws (aka, they can't unilaterally deny  what the EU says is valid). I'll be looking into it, of course, given how things are going.  But Germany is not my first choice for places to live.


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Re: Not public funds for Immigration purposes?
« Reply #17 on: January 20, 2019, 11:39:55 AM »
It was my understanding that EU free movement law trumped national laws (aka, they can't unilaterally deny  what the EU says is valid). I'll be looking into it, of course, given how things are going. 

*Non-EEA ctizens being allowed to move to the EEA as Family Members, was a European Court of Justice Ruling against the Republic of Ireland, brought to court by failed asylum seekers. From what I recall, it was ruled in the failed asylum seekers favour as the free movement rules didn't explicitly say that non-EEA citizens couldn't use free movement. I remember reading something like, it would take all the leaders of all the EU countries to agree to change the words and therefore strike out that Ruling,  but at the time not all EEA countries had economic migrants wanting to come to their country. When the EU made the offer to stop the UK voting to leave, they seemed to be offering to strike down that ruling. Now of course, there are EEA countries putting up big fences to stop economic migrants as they now do want to come to their county.

A non-EU citizen in Germany said they only got issued a short term RC  instead of the 5 years the EU states (although the end date on an RC means nothing as they can become invalid) but I still can't work out how Germany was able to do that.

Germany also managed to bring in their "whoever lies, flies" law so that EEA citizens and their families could be deported and banned for up to 5 years if they lied on applications. They said they were happy this would stand up in court and other EEA countries said they would bring it in too if it did.

Whenever an EEA country wins in court against the EU rules, the other EEA countries brings that in too. It's why what one EEA country allows, another will not. It's also why the EEA Regualtions are constantly being changed in an EEA country and applied retrospectively if it is in the country's favour.

* I might have amended this since you responded.
« Last Edit: January 20, 2019, 12:31:48 PM by Sirius »


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Re: Not public funds for Immigration purposes?
« Reply #18 on: January 20, 2019, 12:06:25 PM »
Yeah, it's ...interesting... to watch EU law formation.

I also, when I spoke with people at the German consulate, got a real hard edged tone to the "no, you can't" that I haven't gotten when dealing with their EU components since then (other than the consulate). So it might be that I was talking to someone seriously anti-migrant, or someone not up on the case law. Or someone overworked who didn't want to look up the fine print. It has been a few years, after all, since I looked into it. And then, German is just one of those languages where communication can come across as harsh due to the nature of the language itself. We had German neighbors in California - a nice academic gent, his bored-to-tears-because-she-couldn't-work wife, and two young boys. The boys were an absolute delight and came to visit me often. The gent was nice and easy-going, too. The wife, the poor thing, was going nuts but understandably so. And I've worked with German academic professionally and found them extremely easy to communicate with. They were very clear, none of the "saying one thing but really meaning another" that you get in, say, Ireland. But they're not the government, so...  ::)

Lies and flies seems perfectly reasonable, to tell you the truth. That's why we are always above-board with everything.


« Last Edit: January 23, 2019, 12:39:34 PM by Nan D. »


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Re: Not public funds for Immigration purposes?
« Reply #19 on: January 20, 2019, 01:05:22 PM »
I also, when I spoke with people at the German consulate, got a real hard edged tone to the "no, you can't" that I haven't gotten when dealing with their EU components since then (other than the consulate). So it might be that I was talking to someone seriously anti-migrant, or someone not up on the case law. Or someone overworked who didn't want to look up the fine print. It has been a few years, after all, since I looked into it.

If they didn't agree, or didn't understand,  that your non-EEA citizen daughter could be a Direct Family Member, then Extended Family Members have little rights because the EU merely asks the EEA countries if they will faciltate these. Some will, some won't.

The UK made a big change for non-EEA citizen EFMs the other year, that now means many who thought they would be allowed to move to the UK, are now not allowed to.

Even the Withdrawal Bill that the EU agreed for an UK/EU free trade Brexit, has different rules for non-EEA citizens.
« Last Edit: January 20, 2019, 01:17:59 PM by Sirius »


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Re: Not public funds for Immigration purposes?
« Reply #20 on: January 20, 2019, 01:38:51 PM »
Yeah, I saw that. And the Daughter wonders why I aways want to apply for things early and get official paperwork and solid status established, rather than diddling around until the last possible moment.  ::)

On the German thing, I've think found where she is a direct family member and should be allowed in. So I'm going to contact Your Europe just to verify that.

Chapter I, article 2 -  https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32004L0038&from=EN

and

https://www.sachsen.de/en/1454.htm

https://europa.eu/youreurope/citizens/residence/documents-formalities/non-eu-family-members-residence-card/index_en.htm


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Re: Not public funds for Immigration purposes?
« Reply #21 on: January 20, 2019, 01:52:41 PM »
Yeah, I saw that. And the Daughter wonders why I aways want to apply for things early and get official paperwork and solid status established, rather than diddling around until the last possible moment.  ::)

 ;D

I still think your daughter will be okay for the UK on any type of Breixt, or not, as long as you follow the EU rules to the letter so that your daughter is always lawfully in the UK : whatever those relevant rules are. ???



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Re: Not public funds for Immigration purposes?
« Reply #22 on: January 20, 2019, 02:08:28 PM »
Yeah, me too.

I would certainly appreciate a little certainty in my life right now, though.  Brexit is a backburner, although it does cause trouble (potentially) for her future employment/professional career as she won't have free movement throughout the rest of the EU as she would eventually have had without Brexit. So I'm happily holed up in my flat looking at the cold outside and not thinking we're going much of anywhere anytime soon. Or, at least, I'm not.  ;)

Now if the Uni would just let her know about the fees... if they won't waive them, she's going to have to sit on her duff working part time for another year and start the program in 2020 instead of now. (She will have been a resident for 3 years by then.) Or pursue the Irish or German options. Both of which throw immense complexity into "things." If she nicks off to Germany on full funding (the only way she could do it), she'll kill the option of permanent settlement here unless (and this is highly unlikely) she could then get a work permit and sponsor. The Irish option could eventually get her early Irish/EU citizenship, which would be good as far as geography goes for finding work, and she could also work in the UK as an Irish citizen. So there's quite a bit of appeal there, logistically. And I guess I could manage to put everything in storage and move over there as required.

« Last Edit: January 20, 2019, 10:51:07 PM by Nan D. »


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Re: Not public funds for Immigration purposes?
« Reply #23 on: January 23, 2019, 12:41:14 PM »
Ah. The City Council will refund the 25% discount on the council tax for her student status from Sept 2017 through Nov 2018. She has to get a form filled out by the Uni, and then we send it in.  Once the PhD program starts, she can select the option online and I ~think~ doesn't have to do the paper letter application going forward.

Color me happy. ;D


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Re: Not public funds for Immigration purposes?
« Reply #24 on: January 23, 2019, 12:47:20 PM »
Ah. The City Council will refund the 25% discount on the council tax for her student status from Sept 2017 through Nov 2018. She has to get a form filled out by the Uni, and then we send it in.  Once the PhD program starts, she can select the option online and I ~think~ doesn't have to do the paper letter application going forward.

Color me happy. ;D

Woot!  ;D


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Re: Not public funds for Immigration purposes?
« Reply #25 on: January 23, 2019, 03:46:13 PM »
Ah. The City Council will refund the 25% discount on the council tax for her student status from Sept 2017 through Nov 2018. She has to get a form filled out by the Uni, and then we send it in.  Once the PhD program starts, she can select the option online and I ~think~ doesn't have to do the paper letter application going forward.

Color me happy. ;D
That's exciting! Glad you qualify to pay less :)

Sent from my Nexus 5X using Tapatalk



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Re: Not public funds for Immigration purposes?
« Reply #26 on: January 23, 2019, 03:51:45 PM »
Yeah, well, retrospectively, anyway.  She wasn't funded for next year. Confusingly, they also have her residency status wrong, so we're not sure what is going on yet, but it appears likely that she'll remain working part time until she has been in the UK for three years to qualify for "home" student status.


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Re: Not public funds for Immigration purposes?
« Reply #27 on: January 23, 2019, 04:12:19 PM »
Yeah, well, retrospectively, anyway.  She wasn't funded for next year. Confusingly, they also have her residency status wrong, so we're not sure what is going on yet, but it appears likely that she'll remain working part time until she has been in the UK for three years to qualify for "home" student status.
Oh that's disappointing :( I wonder if the residency status impacted getting funding? When will her 3 years be up?

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Re: Not public funds for Immigration purposes?
« Reply #28 on: January 23, 2019, 04:46:22 PM »
Oh that's disappointing :( I wonder if the residency status impacted getting funding? When will her 3 years be up?

Sent from my Nexus 5X using Tapatalk

The Department had only a few people they could nominate for those tuition waivers, and she apparently was not one of the ones selected.  We arrived in 2017, so that would mean 30 April 2020 would be when her status changes.  International tuition/fees are steep - 18K a year, give or take - so I don't blame the department for not wanting to lose that income. My guess is that there was a bottom line of how much they could absorb, and she would take up the funds for three "home" students if they'd waived her tuition.

Oddly, they have her listed as "home/EU" status on the admissions offer, which cannot be right according to their web page. (I don't think they have any discretion to change the status?) I think someone in admissions has confused "direct family member of an EU citizen" residence card with "EU permanent residence" card? Even if, there's still the three-years-prior thing, and she clearly stated the date that she arrived in-country.  She's going to pop over there and get that sorted out. (It would be good if it wasn't an error, though, as I can afford half-time "home" tuition, no probs. I can't afford 18K a year International tuition.) We'll know more tomorrow.

There's always the Irish university option.


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Re: Not public funds for Immigration purposes?
« Reply #29 on: January 26, 2019, 01:36:36 PM »
And, of course, she couldn't get past the front desk minions who wanted her to fill out and then submit a scan online of a paper form that has absolutely nothing to do with the question she has. She's not appealing her status. She wants to make sure this more generous status awarded is not an error.  She asked to speak with someone and they would not let her either speak with anyone or make an appointment to do so. She came home and sent an email to them, which the return receipt shows as read on Thursday. If she hasn't heard anything by Tuesday she'll take it up the chain of command.

That place is so... archaic and inefficient, sometimes, as relates to processes. (I was in university administration for over 25 years. I've seen my share. This place beats all!)


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