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by elixya
Sun Nov 20, 2011 10:26 pm
Forum: EU Settlement Scheme
Topic: CAN I LOSE MY RESIDENCE CARD???? * HELP*
Replies: 23
Views: 4916

Complaint

Can I still complain if almost 6 months passed from the revocation?
by elixya
Sat Nov 19, 2011 10:45 pm
Forum: EU Settlement Scheme
Topic: CAN I LOSE MY RESIDENCE CARD???? * HELP*
Replies: 23
Views: 4916

Re: I believe UKBA acted unlawfully

I believe it was unlawful to revoke the residence card and refuse admittance at the border- unless the residence card holder consented to this. "5.1.19 Appeal Rights in revocation cases All revocations of Residence Cards attract a full in country right of appeal under Regulation 26 of the 2006 ...
by elixya
Mon Nov 14, 2011 12:17 am
Forum: EU Settlement Scheme
Topic: EEA family visa but different circumstances
Replies: 27
Views: 3762

EU Institution

Hi, Is your wife working in the UK in one of these EU agencies? Or still in another country and want to relocate to the UK? I recently realised there is an exclusion in the Lisbon Treaty (art.39.4) for jobs in the public administration but what do they mean by this? that the spouses of such persons ...
by elixya
Sat Nov 12, 2011 10:48 pm
Forum: EU Settlement Scheme
Topic: CAN I LOSE MY RESIDENCE CARD???? * HELP*
Replies: 23
Views: 4916

Re: RC

Assuming the worst, the ECO might argue that you are no longer resident, if absent for more than six months, and want to revoke your current residence card. However, RC holders are entitled to an in-country appeal against revocation. Thus, it is correct to say they must let you in. As, you are not ...
by elixya
Mon Oct 10, 2011 10:20 pm
Forum: EU Settlement Scheme
Topic: Residence card cancelled, entry refused when travelled alone
Replies: 53
Views: 17977

My solicitor lodged the appeal on form IAFT-2. This should be done against the Entry Clearence Officer's decision. Is this correct for revocation of Residence Card at the border?
by elixya
Mon Oct 10, 2011 9:54 pm
Forum: EU Settlement Scheme
Topic: Residence card cancelled, entry refused when travelled alone
Replies: 53
Views: 17977

I hope your husband's case has been resolved. There has been changes since your husband's case. This new law in conjunction with Metock, seem to give new meaning to accompanying or joining. Aladeselu and Others (2006 Regs – reg 8) Nigeria [2011] UKUT 00253(IAC) Unfortunately HO sent no documents g ...
by elixya
Sun Oct 09, 2011 9:41 pm
Forum: EU Settlement Scheme
Topic: Residence card cancelled, entry refused when travelled alone
Replies: 53
Views: 17977

/quote] Hi no you need to pay for visa fee if you are not travelling with your partner who is an eu national http://www.diplomatie.be/london//media/london/mijn_tekst%5B1%5D.pdf http://eumovement.wordpress.com/2007/04/15/requirements-for-a-short-stay-visa-family-of-eu-citizen/ If you're travelling ...
by elixya
Tue May 31, 2011 9:07 am
Forum: EU Settlement Scheme
Topic: Solicitor familiar with EEA law
Replies: 0
Views: 596

Solicitor familiar with EEA law

I am urgently looking for a good solicitor in London or South-East England who would be familiar with EEA law and a no in-country appeal to the First-Tier Tribunal against a decision of revocation of the Residence Card of a non EU spouse of a EEA national. I have only 3 weeks so please help. Thanks
by elixya
Tue May 31, 2011 12:26 am
Forum: EU Settlement Scheme
Topic: Residence card cancelled, entry refused when travelled alone
Replies: 53
Views: 17977

I have just seen that it is a no in-country appeal! So should he wait with trying to enter UK before the appeal is launched?? And the standard form is prepared for: EEA permit, RC and permanent RC! One to be chosen. The reasoning is: I am satisfied that X IS not currently in the UK, therefore you ...
by elixya
Sun May 29, 2011 11:11 pm
Forum: EU Settlement Scheme
Topic: Residence card cancelled, entry refused when travelled alone
Replies: 53
Views: 17977

On the basis of UK EEA REGULATION and casework and immigration officers instructions and guidance, an immigration officer is not allowed to revoke a valid resident card at port. Further more, unlike an EEA FAMILY PERMIT which has conditions that you should be joining or accompanying a family member ...
by elixya
Sat May 28, 2011 9:24 pm
Forum: EU Settlement Scheme
Topic: Residence card cancelled, entry refused when travelled alone
Replies: 53
Views: 17977

On the basis of UK EEA REGULATION and casework and immigration officers instructions and guidance, an immigration officer is not allowed to revoke a valid resident card at port. Further more, unlike an EEA FAMILY PERMIT which has conditions that you should be joining or accompanying a family member ...
by elixya
Sat May 28, 2011 8:49 pm
Forum: EU Settlement Scheme
Topic: Residence card cancelled, entry refused when travelled alone
Replies: 53
Views: 17977

On the standard letter he got it says that he does not believe that I am in the UK and my husband is not seeking to join an EEA national who has the right to reside in the UK and my husband has no right to be admitted under regulation 11. Obie, I agree with you that the IO probably went against the ...
by elixya
Fri May 27, 2011 11:38 pm
Forum: EU Settlement Scheme
Topic: Residence card cancelled, entry refused when travelled alone
Replies: 53
Views: 17977

does anybody know ho to obtain entry clearence in order to make "in country" appeal? on the form it says "I revoke... and refuse you admission to the UK" but all residence cards revocations attract a full 'in country' appeal under Regulation 26 of the 2006 Regulations.
by elixya
Fri May 27, 2011 11:31 pm
Forum: EU Settlement Scheme
Topic: Residence card cancelled, entry refused when travelled alone
Replies: 53
Views: 17977

elixya, Are you the EU citizen? Your husband's rights in the UK depend 100% on your status in the UK. He can be with you if you are legally resident in the UK. You need to describe actually what you were doing in the UK. Were you working there? Did you stop working there, and if so when? After you ...
by elixya
Fri May 27, 2011 11:28 pm
Forum: EU Settlement Scheme
Topic: Residence card cancelled, entry refused when travelled alone
Replies: 53
Views: 17977

On this day he had family permit and RC since 5 years and a week. Does it change anything? If the previous five years were spent in the UK in accordance with the EEA regulations and you were married for that whole period your husband was (and still is) a permanent resident on that day. This is a ...
by elixya
Fri May 27, 2011 10:45 pm
Forum: EU Settlement Scheme
Topic: Residence card cancelled, entry refused when travelled alone
Replies: 53
Views: 17977

Re: when was your entry?

hilarious wrote:HI there, a quick question, sorry if I missed this -- was this your FIRST entry into the UK or were you traveling after you had already received a family permit?
my husband was already travelling with RC, several times alone and there was no problem.
by elixya
Fri May 27, 2011 12:01 am
Forum: EU Settlement Scheme
Topic: Residence card cancelled, entry refused when travelled alone
Replies: 53
Views: 17977

He also took fingerprints of my husband. Is this lawful?
by elixya
Thu May 26, 2011 11:29 pm
Forum: EU Settlement Scheme
Topic: Residence card cancelled, entry refused when travelled alone
Replies: 53
Views: 17977

check 5.2.8 of this link http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idischapter7/section3/section3.pdf?view=Binary My husband admitted I was then not in UK but important is the status in UK and not the presence on the day? I intended to go there 3 days later and the ...
by elixya
Thu May 26, 2011 11:13 pm
Forum: EU Settlement Scheme
Topic: Residence card cancelled, entry refused when travelled alone
Replies: 53
Views: 17977

Re: Residence card cancelled, entry refused when travelled a

[/quote]If the EU citizen was not resident in the UK, then it is indeed allowable for UKBA to challenge the spouse. It sounds like the EU citizen is self sufficient, so they would need to (1) not be absent for more than 6 continuous months in a year and (2) continue to be self sufficient and hold ...
by elixya
Thu May 26, 2011 11:03 pm
Forum: EU Settlement Scheme
Topic: Residence card cancelled, entry refused when travelled alone
Replies: 53
Views: 17977

Except the non-EEA national signs a disclaimer or confess to having obtained the residence card fraudulently, the card cannot be revoked at port, until all in country right of appeal has been exhausted. A residence card holder has an in country right of appeal under regulation 26 of the EEA ...
by elixya
Wed May 25, 2011 11:53 pm
Forum: EU Settlement Scheme
Topic: Residence card cancelled, entry refused when travelled alone
Replies: 53
Views: 17977

Residence card cancelled, entry refused when travelled alone

Please help in clarifying if British immigration officer at the border can cancel British residence card of the non-eu spouse of EEA national and refuse entry on the ground that the EEA national was not in UK?? After circa 2 hours - is this sufficient time given to produce other evidents? The holder ...
by elixya
Thu Jun 25, 2009 11:22 am
Forum: Europe immigration forum
Topic: Schengen Visa from France Embassy for Minor
Replies: 8
Views: 4192

for children below 4, eurostar says it is free and they do not provide ticket. otherwise i have to state my child as 4years and buy a ticket for which i might have to pay. http://www.eurostar.com/dynamic/_SvBoExpressBookingTerm?_TMS=1245922914475&_DLG=SvBoExpressBookingTerm&_LANG=UK&_AGENCY=ESTAR ...
by elixya
Thu Jun 25, 2009 10:55 am
Forum: Europe immigration forum
Topic: with EEA2 on EUROSTAR to Brussels - French border control
Replies: 8
Views: 3608

French/Belgain

I am certain there is Belgian border control for trains to/from the UK How certain are you? Eurostar goes also to Paris and the first country after UK is anyway France. It also says French Border control in London. I forgot to check in Brussels, but in this case they might be Belgain because there ...
by elixya
Wed Jun 24, 2009 8:45 pm
Forum: Europe immigration forum
Topic: Schengen Visa from France Embassy for Minor
Replies: 8
Views: 4192

ticket

you can buy a ticket for your child. it is not forbidden. otherwise you won't get confirmation. where are you from and are you EEA-citizen spouse?
by elixya
Sat Jun 20, 2009 6:12 pm
Forum: Europe immigration forum
Topic: with EEA2 on EUROSTAR to Brussels - French border control
Replies: 8
Views: 3608

with EEA2 on EUROSTAR to Brussels - French border control

can anybody tell me if in Brussels there is French or Belgian border control?