Amendment to EEA Regulation from 1/01/2014 Singh diluted

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

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Re: Amendment to EEA Regulation from 1/01/2014 Singh diluted

Postby irgsandy » Fri Apr 11, 2014 10:45 pm

I see! There is much convenience to apply in the country. It is inspiring to hear a few successful cases are observed.

Many thanks, Rosebead! By the way, are you a immigration lawyer because you are so professional?
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Re: Amendment to EEA Regulation from 1/01/2014 Singh diluted

Postby rosebead » Sat Apr 12, 2014 8:51 am

irgsandy, no I'm not a specialist, just I do my research like a lot of people on this board. When I mentioned that I hadn't seen FP application failures for people having been abroad 6 months or more, even under centre of life rules, I meant those who had worked the entire time plus made sure they had good proofs that they were living in their host country with their family members, such as bills, tenancy agreements and joint bank accounts. Unfortunately you still will get occasional rejections based upon ridiculous issues such as accusations of convenience marriages, or inadequate amount of supporting documents submitted. Most of the time this is due to an Entry Clearance Officer being unfair or not bothering to check your documents properly. But you can ask for a reconsideration because of their error, or appeal plus make a fresh application at the same time and include further evidence and point out their error.
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Re: Amendment to EEA Regulation from 1/01/2014 Singh diluted

Postby jinkazama_11 » Sun Apr 13, 2014 2:12 pm

My question is related to FP as well.
I am working in Ireland since Nov 2013 and wants to go back to the UK in Jun/July 2014 after completing 7-8 months in Ireland. I just checked the new EEA2 form for RC. The section 5 (SS Case) got new question
Please note: if you entered the UK with a valid EEA family permit issued under
the Surinder Singh judgment as the family member of the British citizen named
in section 3, you do not need to complete this section. If this is the case, tick
the box to the right and then go to straight to section 10.

This means if my mum gets FP from UK embassy in Dublin we don't have to complete section 5 (avoiding question 5.8 and 5.9)of the application form and she will get UK RC as well. The only problem could be if FP is refused and they also cancel her visit visa, in that case we will be stuck in the Ireland for at least 6 months.
Now my questions are
1- We should go for family permit or go straight to UK and apply for RC?
2- If we decided to go for RC in the UK rather than FP how I should answer following questions in EE2 application form
a)- Question 5.8 (Page 18) - Give details of where you, British citizen and you family lived while British citizen was working in EEA state - My wife and kids are living in the UK, do I have tell them that or simply enter my and my mother details in there?
b)- 5.9 Details (Page 18) of any absences by you or the British citizen from the EEA Member State while you/they were resident there. - Do I have to complete this section? I am traveling to UK every fortnight, Can this go against us?

Thanks for your help guys
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Re: Amendment to EEA Regulation from 1/01/2014 Singh diluted

Postby rosebead » Mon Apr 14, 2014 12:39 am

jinkazama, don't forget that the questions in the form are directed to the family member and not you. So Question 5.8 is asking about your mother's family (her children, etc) and not the British citizen's family. Regarding absences from Ireland, even in English law and certainly in EU law weekend trips away and holidays do not count as absences that would deem you as not being habitually resident in a country. Unless the absences were significant such as a month way I would not write anything, and how would they find out anyway unless you tell them. It is up to you to decide whether to apply for FP or EEA2 first - there are pluses and minuses for both. The plus side of EEA2 is that if you get rejected you can wait in-country for an appeal. The downside is that if you exhaust all appeals and lose then you may have to go back to Ireland and start all over again. With FP, the downside is obviously waiting out-of-country for any appeals, but then you could make a fresh FP application as many times as you like, so you could apply every month if you want to until you get an acceptance.
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Re: Amendment to EEA Regulation from 1/01/2014 Singh diluted

Postby 357mag » Mon Apr 14, 2014 7:51 am

"how would they find out anyway unless you tell them"
Air flight and ferry trips keep a passenger log. I think it fair to assume these logs are available to the border forces. There is also ANPR logging traffic into and out of countries.
In todays surveilance society peoples movement is tracked, its one of the major functions of GCHQ.

If you use your bank card or mobile then the location of it is known.

You may think its just me being paranoid but it doesn't bother me that my whereabouts are known. I just accept that it is so.
I am not a forum GURU, I am often wrong
Dont take any notice of anything I post, I'm getting old and havn't the foggiest what I'm talking about.
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Re: Amendment to EEA Regulation from 1/01/2014 Singh diluted

Postby jinkazama_11 » Mon Apr 14, 2014 12:26 pm

thanks guys for your replay
i am working full time in Ireland and only visted UK over the weekends spending 1-2 days in UK.
i dont want to hide the travel history in case they find out. I am not sure if HO will go to these lengths to track us.
if we can get FP from Dublin then we can avoide these questions in new EEA2 form.
my only worry is that if it gets refused then well be stuck in Ireland. and i dont want to be here anymore.
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Re: Amendment to EEA Regulation from 1/01/2014 Singh diluted

Postby Alks » Thu Apr 17, 2014 1:19 pm

jinkazama_11,

I am intending to bring my non-EEA parents to UK via Ireland similar to what you have done/doing. I would be grateful if you can please advise on on steps you have taken so far:

1) Bringing non-eea parent to Ireland - Visa process and supporting material
2) What steps taken in terms of medical etc in Ireland for dependant parent
3) Proof to support the RC card application in Ireland

Thanks & regards
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Re: Amendment to EEA Regulation from 1/01/2014 Singh diluted

Postby 357mag » Thu Apr 17, 2014 1:51 pm

Alks you are going a long way off topic there. This is a "sticky" so important thread about changes that could be happening.

It would probably be better if you started your own thread with your questions, perhaps in the Ireland section of the forum.
Just saying like, good luck.
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Dont take any notice of anything I post, I'm getting old and havn't the foggiest what I'm talking about.
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Re: Amendment to EEA Regulation from 1/01/2014 Singh diluted

Postby Alks » Thu Apr 17, 2014 1:56 pm

Thank you,

Will post it under Ireland.

Regards
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Re: Amendment to EEA Regulation from 1/01/2014 Singh diluted

Postby jestew » Thu Apr 17, 2014 6:02 pm

Radconn wrote:I just wanted to post this.
Today my wife received an email stating that the refusal decision had been reviewed and overturned by the Entry Clearance Manager.


Hey Radconn! Way to go...so glad it worked out...
05/12/13 fiancee begins employment in Eire
24/12/13 I arrive
06/05/14 FP submitted
09/05/14 FP granted
13/05/14 FP returned to Dublin
20/05/14 Arrival in UK
01/07/14 EEA2 app sent
17/07/14 CoA no permission to work
06/08/14 request new CoA, passports
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Re: Amendment to EEA Regulation from 1/01/2014 Singh diluted

Postby 357mag » Tue Apr 29, 2014 11:32 am

I am not a forum GURU, I am often wrong
Dont take any notice of anything I post, I'm getting old and havn't the foggiest what I'm talking about.
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Re: Amendment to EEA Regulation from 1/01/2014 Singh diluted

Postby rosebead » Tue Apr 29, 2014 4:53 pm

Thanks for that 357mag, it sounds like the new ruling has put the frighteners on them lol :lol: . Hence the mysterious non-disclosure.
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Re: Amendment to EEA Regulation from 1/01/2014 Singh diluted

Postby chaoclive » Tue Apr 29, 2014 4:57 pm

I also sent an FOI request like that about the same case. No reply as yet...

Is there any other way to get the info?
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Re: Amendment to EEA Regulation from 1/01/2014 Singh diluted

Postby Obie » Tue Apr 29, 2014 5:03 pm

Well I cant see the UKBA changing the EEA regulation very soon.

People just need to apply, and if refused, lodge an appeal.

The tribunal is bound by EU law, and would have to give direct effect to it.
You haven't lived today successfully, unless you've done something for someone who can never repay you.'
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Re: Amendment to EEA Regulation from 1/01/2014 Singh diluted

Postby rosebead » Tue Apr 29, 2014 5:11 pm

Let's hope that so many appeals will be won that the Home Office will sooner rather than later give up on their illegal policies.
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Re: Amendment to EEA Regulation from 1/01/2014 Singh diluted

Postby Obie » Thu May 15, 2014 2:58 pm

An unfortunate Surinder Singh case.

http://www.bailii.org/ew/cases/EWHC/Adm ... /1396.html

High court accept that the changes in O B means that free movement rights is not restricted to workers or self-employed.

It is a shame that the family were unable to get the relief they sought.

The Residence Card issue was stayed, pending the CJEU decision in McCarthy.
You haven't lived today successfully, unless you've done something for someone who can never repay you.'
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Re: Amendment to EEA Regulation from 1/01/2014 Singh diluted

Postby rosebead » Thu May 15, 2014 3:50 pm

Thanks for that Obie. It's paragraph 22 that says this in case people want to skip reading the whole document. The judge accepts that Case C-456/12 is a "signficant development" and points out that the case law focuses more on the "right of residence" in a host country rather than the "right to work" as being what establishes family reunification rights for the EU sponsor upon return to his home country.

Case C-456/12 establishes that Union citizens and their family members with Permanent Residence status in their host country have an automatic right of return. Both the British sponsor and his non-EU wife in this case have Permanent Residence cards issued to them by France, yet the Home Office refuses to acknowledge another Member State's PR residence cards and says that this does not necessarily prove the PR status of the couple. How arrogant! The judge does not confirm whether the HO has a legal right to take such as stance.
Last edited by rosebead on Thu May 15, 2014 6:29 pm, edited 1 time in total.
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Re: Amendment to EEA Regulation from 1/01/2014 Singh diluted

Postby wiggsy » Thu May 15, 2014 5:12 pm

357mag wrote:"how would they find out anyway unless you tell them"
Air flight and ferry trips keep a passenger log. I think it fair to assume these logs are available to the border forces. There is also ANPR logging traffic into and out of countries.
In todays surveilance society peoples movement is tracked, its one of the major functions of GCHQ.

If you use your bank card or mobile then the location of it is known.

You may think its just me being paranoid but



I said the exact same thing to somebody just yesterday :) lol...
For anybody effected, I hope that my Surinder Singh Route Information Pages help.
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Re: Amendment to EEA Regulation from 1/01/2014 Singh diluted

Postby abbasi11 » Fri May 16, 2014 2:54 pm

Married may 2013
tried to apply schengen visa under directive 38, 2004. for accompany eu spouse
Swiss Embassy Islamabad ,after 3 weeks visa refused.
then from.
Belgium Embassy Islamabad .after 6 weeks Visa refused.

then took a visit visa to Dubai in Dec 2013
applied from Irish Embassy In Abu Dhabi took just two weeks
to got visa for my wife to accompany me to Ireland.
Lived in Ireland 3 months.
then returned to UK in March 2014 and applied for spouse visa when in uk without applying for eea family permit before.
took 2 months and in may 2014 got spouse of eea national visa for 5 years.
So a success in doing Surindher Singh Route.
Oct 28,2013 Left UK Arrived in Ireland
NOV 03, 2013 - Begin employment in Eire
JAN 16, 2014 - Wife arrive in Eire
Mar 28 2014 - Arrived in UK
Mar 30,2014 - Applied for EEA2 ( Surrindher Singh )
May 07,2014- 5 Years Spouse Of EEA National Granted.
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Re: Amendment to EEA Regulation from 1/01/2014 Singh diluted

Postby 357mag » Sat May 17, 2014 1:43 pm

I am not a forum GURU, I am often wrong
Dont take any notice of anything I post, I'm getting old and havn't the foggiest what I'm talking about.
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