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 Post subject: Re: Persecuted for being British!!!
Post Number:#11  PostPosted: 07 Dec 2010 22:33 
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and here comes the 'other guy' as expected..

Welcome, Disillusioned !

1/ DO NOT apply for the Residency Card... - you need to have all your ducks in line, first.. You simply don't need the Residency card - as all it does it make travel to and from other Countries easier and can be used to prove ones entitlement to reside / work .. my wife lived quite happily on an 'expired EEA family permit for a year.. there is NO legal requirement to register your wife - incredibly the UK ( NOT GB, Wiz !) go further than the famous Directive requires ( normally registration after 3 months is a requirement) and specifically say that it ISN'T required.

2/ You certainly CAN apply for the 5 year residency card, and it is FREE - but you need to be sure of YOUR status..

You have to be

1/ Employed- and able to support your non-EEA national(s) dependants(s)

2/ Self-Sufficient - deriving income from abroad - you have to provide adequate health insurance

3/ Student... bla bla

You DO NOT want the Home Office to be able to say - 'you can't support your family member(s) '

YOU can claim 'dole' - temporary hardship is allowed - while you seek work, but I'd be VERY careful not to seek support for your dependants.

You are in a very 'grey' area and need to seek expert advice ( free ) from sources like:

http://www.immigrationboards.com

and the Citizen's Advice Bureau


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 Post subject: Re: Persecuted for being British!!!
Post Number:#12  PostPosted: 08 Dec 2010 06:36 
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The wonderer returns full of beans...... [hi.gif] [biggrin.gif]

  1. I agree with your comment; "DO NOT apply for the Residency Card (YET added by me!)... - you need to have all your ducks in line, first." but he already mentioned his wife need to travel abroad........

    Have already mentioned that the Family Permit doesn't expire after the 6 months period, as written on the vignette, but after 5 years his wife has to apply to establish her permanent status in this country, "Billica Britania" .....sorry UK [tonque.gif], but Meanwhile they will have problems travelling abroad!

    Can you please point out where it says in the UK legislation "that Registration after 3 months is not a legal requirement"?

  2. I was a Pensioner when I married my wife and both times when she applied for Family Permit and Resident Card I was not showing in my Bank statements 1000's and 1000's of pounds, only my pension income, and both times she was approved! [biggrin.gif]

    "YOU can claim 'dole' - temporary hardship is allowed - while you seek work, but I'd be VERY careful not to seek support for your dependants."

    He has already claimed as a Married couple ( You didn't bother reading his post, did you, [sarcastic.gif] ) .........and I told him previously......

    "Frankly I don't know how you were able to claim unemployment benefit as a Married couple and also Housing and tax benefit without nobody asking questions about your wife's status and also evidence! "


Moby, can you please answer the following questions:

  1. You have to provide adequate health insurance

    If you don't have Health Insurance for your wife can she registered with GP and a Dentist and get free Care?

  2. If OUR wives start working and pay Tax and NI are they entitled to Health Care?

  3. and Finally: If they loose their job, (sometime in the future), are they allowed to claim JSA on their own right?

[drinks.gif]

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 Post subject: Re: Persecuted for being British!!!
Post Number:#13  PostPosted: 08 Dec 2010 11:56 
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Hi Wiz

thanks for correcting the GB- UK bit... you 'left out' N.Ireland .. MY home nation ;)

Oh, I read the whole of the OP's thread and what is more important?

1/ being able to continue to reside

OR

2/ to be travel 'home' and a possible refusal to re-enter.. it's all about priorities..

One doiesn't need to have thousands in the bank.. it's about can you support your family on what you earn - without being a long - term 'burden' on the state... If the OP is using his treaty rights... he will be treated as any EEA national.. his former contributions will probably not be taken into account:(

It's funny you raised this issue re the non requirement under the UK implementation of the Directive 2004/38/EC to register within three months... I was 'lectured' by the UK SolVIT Solicitor re this .. until 'I put her straight' ;)

http://www.ukba.homeoffice.gov.uk/sitec ... dlaw/ecis/
This link now 'modified' - this was before August 2010..

>>Non-EEA national family members can initially apply for a residence card. In general, after residing in the UK (in accordance with the Regulations) for five years they may also apply for a permanent resident card.

Do I have to apply?
Under EU law EEA nationals and their family members do not need to apply for documentation confirming their right of residence in the UK. .<<

I successfully argued that this applied to family members - irrespective of their visa status. This was her 'apology'

"From the details you have presented, you understand that there is no requirement to obtain documentation to establish the rights of your family to reside and work in the UK, and have therefore not make an application on behalf of your family in order to obtain official confirmation of their rights, which is the option that most citizens follow in order to avoid problems with employment even if not a legal necessity"


So, his wife doesn't even have to apply for a permanent residency card..

Hope this helps ...


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 Post subject: Re: Persecuted for being British!!!
Post Number:#14  PostPosted: 08 Dec 2010 14:51 
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To add:

what IS important is his status - should the UKBA ever query how he is exercising his treaty rights... unlikely, unless he 'puts his head above the parapet'...


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 Post subject: Re: Persecuted for being British!!!
Post Number:#15  PostPosted: 08 Dec 2010 16:41 
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Moby

Take a look at this that I posted back in January: viewtopic.php?p=1834#p1834

Yes it is about priorities and for now his priorities is to find a job and try to get out of the hook for claiming as a married couple JSA!

Secondly and according to his posts he wants to travel abroad with his wife..... at sometime and without a Resident card, life will be a bit difficult and as you said, she may be refused entrance on the return.

As you know my wife arrived here back in 2008 and we applied straight away for her Resident Card which took 7 months to be issued BUT the fact is after that......life has become easy, we can come and go as we please, simply by following the rules and regulations.

On the other hand, you enjoy trying to prove everybody wrong.... [tonque.gif] and waste your time, I don't!

The application for Family permit and Resident Card is FREE so why should I go duck and diving?

You forgot to answer my questions or you don't know the answers? [tonque.gif]

  1. You have to provide adequate health insurance

    If you don't have Health Insurance for your wife can she registered with GP and a Dentist and get free Care?

  2. If OUR wives start working and pay Tax and NI are they entitled to Health Care?

  3. and Finally: If they loose their job, (sometime in the future), are they allowed to claim JSA on their own right?

[drinks.gif]

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 Post subject: Re: Persecuted for being British!!!
Post Number:#16  PostPosted: 08 Dec 2010 17:32 
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Dear Wiz,

I apologise for not answering your question - an oversight [embarrased.gif] - nothing more..

BUT.. before I answer, could you please re-read my response.. as you seem to be 'missing something' .. When you applied, I am assuming you were complying with the criteria set by the UKBA re your eligibility to apply.. Currently the OP ISN'T...

Once again, you question MY reasons for not applying for a residency card for my family members and yet this was the reason I visited last time to chastise you for being TOTALLY wrong.... HINT.. Cyprus 'issues' with proving my previous status due to THEIR non-compliance..

Only a total prat goes head-to head with red tape merchants for the 'fun' of it...

Hopefully, I won't need to 'remind' you again....!

Now, your questions:

1/ If I didn't have adequate health insurance - based on my self-sufficient status- then I'd be breaking the EU Directive's requirements. but YES, we are all registered with a GP.

2/ My Step-Son works part time and pays NI, but we are told he must have PMI... as it's not a bad thing to have - I don't 'argue'..

3/ The criteria is MY status - so I'm told, but you can be sure I have raised the issue with SolVIT and they didn't know the answer and it is with the EC...

If it turns out I am paying PMI needlessly you know I'll be asking for a refund ! ;)

As for acquiring rights - IF we separate /divorce - as we've been married three years and in the UK for more than one - then - if they have been paying IN, then YES they'd be entitled ( short-term) to apply for assistance - but this MIGHT affect their ability to get Permanent Residency.


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 Post subject: Re: Persecuted for being British!!!
Post Number:#17  PostPosted: 08 Dec 2010 18:50 
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Quote:
BUT.. before I answer, could you please re-read my response.. as you seem to be 'missing something' .. When you applied, I am assuming you were complying with the criteria set by the UKBA re your eligibility to apply.. Currently the OP ISN'T...

Once again, you question MY reasons for not applying for a residency card for my family members and yet this was the reason I visited last time to chastise you for being TOTALLY wrong.... HINT.. Cyprus 'issues' with proving my previous status due to THEIR non-compliance..

Only a total prat goes head-to head with red tape merchants for the 'fun' of it...

Hopefully, I won't need to 'remind' you again....!


What are you on about?
Have you taken something and you hallucinating?


Who questioned again your reasons for not applying for a resident card?

Never Mind, forget it and do not answer.

You are the expert and I will leave it to you to reply to the OP........ talking with you about any subject is like a Chinese Torture and quite frankly I can't be bother debating or talking with you any more. I have better things to do with my free time. [bad.gif]

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 Post subject: Re: Persecuted for being British!!!
Post Number:#18  PostPosted: 09 Dec 2010 14:31 
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Wiz,

A simple question - are we trying to help the OP ?

Do you remember why the "Moby randing' against Wiz " thread was started - yet now you 'forget' that my rant was about your misleading, inappropriate and untrue comments on third parties ( including me) ..

..and you think *I* might be on drugs?!.... ;)

I notice the OP has gone 'quiet' and hope 'we' haven't put him off asking Q's


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 Post subject: Re: Persecuted for being British!!!
Post Number:#19  PostPosted: 09 Dec 2010 15:29 
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msmobyru wrote:
Wiz,

A simple question - are we trying to help the OP ?

Do you remember why the "Moby randing' against Wiz " thread was started - yet now you 'forget' that my rant was about your misleading, inappropriate and untrue comments on third parties ( including me) ..

..and you think *I* might be on drugs?!.... ;)

I notice the OP has gone 'quiet' and hope 'we' haven't put him off asking Q's

Of course we try to help people but as I told you before, I leave it to you who is a better expert than me in these matters, to continue advising the silent now member......... [wink.gif]

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 Post subject: Re: Persecuted for being British!!!
Post Number:#20  PostPosted: 10 Dec 2010 09:57 
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This fool is rushing in . [underchair.gif]
msmobyru wrote:
"From the details you have presented, you understand that there is no requirement to obtain documentation to establish the rights of your family to reside and work in the UK, and have therefore not make an application on behalf of your family in order to obtain official confirmation of their rights, which is the option that most citizens follow in order to avoid problems with employment even if not a legal necessity"


Now if it was me and I could use Directive 2004/38/EC to my advantage then I would make sure my family obtained legal confirmation of their right even if it is not a legal necessity and that is because:
  1. Why put my family through hassle when there is a way to avoid it.
  2. Legal requirements can (and do) change and I would not want to find myself in a situation where some offical says to me "You are too late".
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