Hello
Guest

Sponsored Links


Topic: EU "Settled Status" applications must be tricky...  (Read 6058 times)

0 Members and 1 Guest are viewing this topic.

  • *
  • Posts: 3903

  • Liked: 342
  • Joined: Sep 2014
Re: EU "Settled Status" applications must be tricky...
« Reply #45 on: April 19, 2019, 08:18:52 AM »
Here is one on Singh. The paper claims that she moved from the US to the UK via Ireland in 2017 claiming Singh, and is now trying to use her USC/BC children to avoid her deportation:  "best interests of the child" for the children to be living in the UK rather than returning  to live in the US, to get the mother on a10 year visa route to ILR. It's the papers, so we won't know all the facts.
https://www.independent.co.uk/news/uk/home-news/home-office-removal-deportation-american-british-children-lauren-cullen-a8874066.html
« Last Edit: April 19, 2019, 02:22:31 PM by Sirius »


  • *
  • Posts: 462

  • Liked: 56
  • Joined: Jan 2013
Re: EU "Settled Status" applications must be tricky...
« Reply #46 on: April 22, 2019, 10:27:03 AM »
Direct family members of an EU citizen were/are not required to hold a residence card from another EU country or the UK to live or work in the UK.  Extended family members are supposed to have one from the UK.  https://www.gov.uk/uk-residence-eu-citizens/apply

As far as entry goes, stealing from Wiki here:

Legal framework

The Immigration (European Economic Area) Regulations 2006[3] extend visa free travel to third country nationals in possession of residence cards and permanent residence cards but this exception is limited to those cards issued by the UK government itself. Residence cards issued by other EEA states and Switzerland are not recognised under UK law and holders of same may apply for a family permit prior to leaving for the UK.... The legality of the requirement by the UK to require EEA family members a hold a family permit to enter the UK has long been disputed by the European Commission and is currently before the European Court of Justice....


McCarthy case

The legality of the EEA family permit requirement was challenged before the European Court of Justice in R (McCarthy) v Home Secretary. Although an English High Court judge, Justice Haddon-Cave, had ruled against the McCarthys, he had decided to refer the matter to the European Court.[5]

On 20 May 2014, Advocate General Maciej Szpunar issued an opinion in favour of the McCarthys, holding that the family permit requirement violated EU law.[8] His opinion was advisory only, but the opinions of Advocates General are followed by the Court in most cases. On 18 December 2014, the Court of Justice ruled in favour of the McCarthys, reaffirming the Advocate General's opinion.[9]


Yeah, you do have to go digging for info on almost everything here. Even the official news releases tend to leave bits out. What the press actually throws around tends to be even fuzzier.

I have nowhere seen it said it had to be an EU passport. When I looked at the "how the process works" I did note that it had to be a biometric passport, so the scanner could pick up the info off the chip. No mention of EU/non-EU. Until I read this today. https://www.gov.uk/guidance/using-the-eu-exit-id-document-check-app

I did find this, though - which may mean you don't have to do the paper application for a residence card, just the biometrics:
https://www.gov.uk/settled-status-eu-citizens-families/not-EU-EEA-Swiss-citizen

What you’ll need to apply

You’ll need to provide proof of your relationship to your EU, EEA or Swiss citizen family member - for example, a birth, marriage or civil partnership certificate, or a residence card. You can scan and submit this through the online application form. If you apply before your family member, you’ll also need to provide evidence of their identity and residence. You do not need to provide any evidence if you have a valid ‘UK permanent residence document’.

If you do not have a biometric residence card, you’ll be asked to make an appointment at a UK Visa and Citizenship Application Services (UKVCAS) service point to provide your biometric information (your fingerprints and a photo, or a photo if you’re under 5) when you apply.


Hey Nan, thanks for finding this, very helpful. It seems like the word "biometric" was missed in a LOT of information, although I could swear I have been fingerprinted about five times for all of my EU permit stuff (the 6 months entry and then the paper residence card), so not sure why I need to get printed yet again but hey ho. There are worse places to go than the Barbican Library for something like this. Like Croydon, for instance.

Ill get on to sorting SS when I'm done in a few weeks trying to save my coworkers from themselves and this project finally ends. Entering the border at LHR yesterday was the same as always other than the agent asking me "and you actually live here". Why yes, yes I do. Do you want my tax statement showing my 40% tax rate too?


  • *
  • Posts: 3903

  • Liked: 342
  • Joined: Sep 2014
Re: EU "Settled Status" applications must be tricky...
« Reply #47 on: April 25, 2019, 10:22:22 AM »
It seems like the word "biometric" was missed in a LOT of information, although I could swear I have been fingerprinted about five times for all of my EU permit stuff (the 6 months entry and then the paper residence card), so not sure why I need to get printed yet again but hey ho.

Those who want UK "visas" have to do this all the time, to prove who they are. I think it was physicskate who explained this well when she said  to think of it like when you want to use your phone.

Entering the border at LHR yesterday was the same as always other than the agent asking me "and you actually live here". Why yes, yes I do. Do you want my tax statement showing my 40% tax rate too?

The border officers ask questions as they record infomation presented. They also have the power to refuse entry, cancel visas.

You working wouldn't prove you are lawfully in the UK because you are not on a UK work "visa" but are an "EU Extended Family Member". EFMs have no rights under EU law and the EU merely asks the EEA countries if they will "facilitate" Extended Family Members; which some govenrments will and some won't and they can change their minds on this if they want to, as the UK has recently done for some who had hoped to be EFMs in the UK. This is why Extended Family Members must hold a valid Residence Card from the UK to be lawfully in  the UK.

 e.g. if an  EEA citizen is working in another EEA country and decides to end the relationship with their unmarried non-EEA citizen partner, that person immediately loses their right to live and work in that EEA country as they are only an Extended Family Member and their RC is now invalid. If a non-EEA citizen remains in the UK on an invalid RC, then they are an illegal overstayer and if they work they have committed a criminal offence. Whereas if they were married to their EEA citizen they would be a "Direct Family Member" and these might retain rights in that EEA country under EU law, subject to certain stipulations laid out by the EU.
« Last Edit: April 25, 2019, 11:06:36 AM by Sirius »


Sponsored Links





 

coloured_drab