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-   -   EU citizens 'denied residency documents' (https://britishexpats.com/forum/rovers-return-111/eu-citizens-denied-residency-documents-891809/)

Perth Mar 4th 2017 3:28 am

Re: EU citizens 'denied residency documents'
 

Originally Posted by BritInParis (Post 12196772)
The Common Travel Area is a reciprocal arrangement in that regard so yes.

:thumbup:

HKG3 Mar 7th 2017 6:18 am

Re: EU citizens 'denied residency documents'
 
The Times done an in depth report on Brexit and immigration today (7 March 2017). One of the case study was titled 'Bureancracy cost widow right to stay'. In this case, Mrs Marianne Hendry, a Dutch national married to a British Citizen and lived in Perthshire for almost 25 years, was denied permanent residence certificate by the Home Office.

'Mrs Hendry ... sent the form, along with old passports, a photocopy of her Dutch passport and £65 to the Home Office but her application was rejected.'

'I have enlisted the help of an immigration lawyer. So far it has cost me £800 to do so but for me it has been worth it as he is taking away some of my worry'

'Mrs Hendry said what had hurt her most was that it seemed to count for mothing that she had married a British citizen, had worked hard and been in the country for so long.'

DaveLovesDee Mar 7th 2017 6:47 am

Re: EU citizens 'denied residency documents'
 

Originally Posted by HKG3 (Post 12199408)
The Times done an in depth report on Brexit and immigration today (7 March 2017). One of the case study was titled 'Bureancracy cost widow right to stay'. In this case, Mrs Marianne Hendry, a Dutch national married to a British Citizen and lived in Perthshire for almost 25 years, was denied permanent residence certificate by the Home Office.

'Mrs Hendry ... sent the form, along with old passports, a photocopy of her Dutch passport and £65 to the Home Office but her application was rejected.'

'I have enlisted the help of an immigration lawyer. So far it has cost me £800 to do so but for me it has been worth it as he is taking away some of my worry'

'Mrs Hendry said what had hurt her most was that it seemed to count for mothing that she had married a British citizen, had worked hard and been in the country for so long.'

But according to Gov.uk,


3. Permanent residence after 5 years
You don’t need a document to get ‘permanent residence status’ (the right to live permanently in the UK) but you can apply for one if you want to:

prove that you have this right
apply for British citizenship
So she doesn't legally need a Permanent Residence certificate under the Home Office's own rules!!!

HKG3 Mar 7th 2017 7:11 am

Re: EU citizens 'denied residency documents'
 

Originally Posted by DaveLovesDee (Post 12199424)
But according to Gov.uk,



So she doesn't legally need a Permanent Residence certificate under the Home Office's own rules!!!

Mrs Hendry told the journalist that she wants to get a permanent residence certificate in order to apply for British Citizenship.

DaveLovesDee Mar 7th 2017 7:23 am

Re: EU citizens 'denied residency documents'
 

Originally Posted by HKG3 (Post 12199432)
Mrs Hendry told the journalist that she wants to get a permanent residence certificate in order to apply for British Citizenship.

And now she can't get either.

Is this the Home Office's way of making it harder for EU nationals to stay in the UK post-Brexit?

HKG3 Mar 7th 2017 7:42 am

Re: EU citizens 'denied residency documents'
 
The Times also reported today (7 March 2017) that some British expats are worried about Brexit.

Rebecca Hay, who lives in Oliva, a small seaside town 30 miles from Calpe, worries about her children's future.

'She also fears that her sons, Nathan, 12 and Joshua, 8, who have British passports, may not have the same rights to public services or be able to go to university in the UK.'

BritInParis Mar 8th 2017 10:32 am

Re: EU citizens 'denied residency documents'
 

Originally Posted by DaveLovesDee (Post 12199439)
And now she can't get either.

Is this the Home Office's way of making it harder for EU nationals to stay in the UK post-Brexit?

Means nothing unless you know why she was refused


Originally Posted by HKG3 (Post 12199447)
The Times also reported today (7 March 2017) that some British expats are worried about Brexit.

Rebecca Hay, who lives in Oliva, a small seaside town 30 miles from Calpe, worries about her children's future.

'She also fears that her sons, Nathan, 12 and Joshua, 8, who have British passports, may not have the same rights to public services or be able to go to university in the UK.'

More hysteria reported as fact, and in The Times as well, what a shame.

Editha Mar 9th 2017 4:16 am

Re: EU citizens 'denied residency documents'
 
The mother's fears are not hysterical at all.

At the moment EU students pay the same fees for uni as UK students, not the foreign students rate. And they are entitled to student loans. If that changes, as it probably will, it could easily prevent the boys going to uni in the UK.

British people migrating back to the UK already have to satisfy the habitual residency test before accessing the full range of public services. It is not unreasonable to fear that rights of returnees will be further restricted once the UK is no longer in the EU.

DaveLovesDee Mar 9th 2017 4:23 am

Re: EU citizens 'denied residency documents'
 

Originally Posted by Editha (Post 12201134)
British people migrating back to the UK already have to satisfy the habitual residency test before accessing the full range of public services. It is not unreasonable to fear that rights of returnees will be further restricted once the UK is no longer in the EU.

Even now, as an EU member state, the UK is required to comply with EU law on how it treats EU nationals. And to large extent, those also applies to Brits and their families who return to the UK under EU law and the SS route.

For immigration purposes, the UK can treat those Brits and their family members who have never left the UK, or who are returning to the UK from non-EU countries, in whichever matter they choose. Unfortunately.

HKG3 Mar 9th 2017 4:30 am

Re: EU citizens 'denied residency documents'
 

Originally Posted by Editha (Post 12201134)
The mother's fears are not hysterical at all.

At the moment EU students pay the same fees for uni as UK students, not the foreign students rate. And they are entitled to student loans. If that changes, as it probably will, it could easily prevent the boys going to uni in the UK.

British people migrating back to the UK already have to satisfy the habitual residency test before accessing the full range of public services. It is not unreasonable to fear that rights of returnees will be further restricted once the UK is no longer in the EU.

Under the current set up, when the UK is still a member of the EU, the boys (both British Citizens) will need to pay international fees at an UK university if they are unable to satisfy the three years habitual residency for home student rate. The only way to overcome this is for them to gave up their British Citizenship and become Spanish citizens, then they will be charge the home student rate regardless.

What is likely to happen after Brexit is that everyone will be charge international rates unless they are British Citizens and met the three years habitual residence requirement.

Editha Mar 9th 2017 4:48 am

Re: EU citizens 'denied residency documents'
 

Originally Posted by HKG3 (Post 12201159)
Under the current set up, when the UK is still a member of the EU, the boys (both British Citizens) will need to pay international fees at an UK university if they are unable to satisfy the three years habitual residency for home student rate. The only way to overcome this is for them to gave up their British Citizenship and become Spanish citizens, then they will be charge the home student rate regardless.

What is likely to happen after Brexit is that everyone will be charge international rates unless they are British Citizens and met the three years habitual residence requirement.

We don't know whether the boys have Spanish citizenship already, since we don't know the nationality of their father.

Giantaxe Mar 9th 2017 5:03 am

Re: EU citizens 'denied residency documents'
 

Originally Posted by BritInParis (Post 12200392)
More hysteria reported as fact, and in The Times as well, what a shame.

Regardless of whether what was said by that person is true or not, it wasn't reported as fact. The article clearly states "She also fears that her sons..."

Editha Mar 9th 2017 10:33 am

Re: EU citizens 'denied residency documents'
 

Originally Posted by BritInParis (Post 12195468)
Irish citizens have a special status in the UK distinct from the rest of the EU/EEA that won't be affected by Brexit. You'll be considered 'settled' from the moment you arrive if your intention is to ordinarily reside in the UK.

You are not in a position to give that advice BiP. The white paper expresses the UK's intention to maintain the CTA, but not only is it not yet law, but it isn't just up to the UK government, or even the UK and Eire governments. It is something that has to be negotiated with the EU. The best one can advise at the moment is that the CTA will probably remain.

BritInParis Mar 10th 2017 9:17 am

Re: EU citizens 'denied residency documents'
 

Originally Posted by Editha (Post 12201134)
The mother's fears are not hysterical at all.

At the moment EU students pay the same fees for uni as UK students, not the foreign students rate. And they are entitled to student loans. If that changes, as it probably will, it could easily prevent the boys going to uni in the UK.

British people migrating back to the UK already have to satisfy the habitual residency test before accessing the full range of public services. It is not unreasonable to fear that rights of returnees will be further restricted once the UK is no longer in the EU.

Whether the two boys pay home or international fees is hardly the same as not being permitted to attend university in the UK or access public services. The HRT applies to anyone coming to the UK, British citizen or not, and has nothing to do with the EU.


Originally Posted by Giantaxe (Post 12201207)
Regardless of whether what was said by that person is true or not, it wasn't reported as fact. The article clearly states "She also fears that her sons..."

An unfounded fear that went unchallenged by the report ergo has been presented as fact.

BritInParis Mar 10th 2017 9:26 am

Re: EU citizens 'denied residency documents'
 

Originally Posted by Editha (Post 12201409)
You are not in a position to give that advice BiP. The white paper expresses the UK's intention to maintain the CTA, but not only is it not yet law, but it isn't just up to the UK government, or even the UK and Eire governments. It is something that has to be negotiated with the EU. The best one can advise at the moment is that the CTA will probably remain.

Erm, no. The CTA has been in effect for nearly 100 years and was in existence for 24 years before the signing of the Treaty of Rome and 70 years before Maastricht. The CTA also covers Jersey, Guernsey and the Isle of Man, none of whom are EU member states and are not subject to EEA freedom of movement. Nothing about the CTA needs to be negotiated with the EU.


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