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 rosebead » Sat May 17, 2014 5:04 pm

357mag, basically, it means there are cases in court right now or recently that have been arguing Case C-456/12 against the centre of life regs (or against having to be working/self-employed in the Member State), and the HO want to make use of their lawyer-client privilege to prevent the appellants and us from finding out that they don't have a leg to stand on where their centre of life regs are concerned (or the reg that you have to be working/self-employed).
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Re: Amendment to EEA Regulation from 1/01/2014 Singh diluted

Postby Obie » Sun May 18, 2014 1:10 pm

I am involved with 3 appeals pending before the 1st Tier Tribunal for permission to appeal to the Upper Tribunal.

1.One Involved the application of the centre of residence test in cases where it does not apply, as the application was made prior to 1st January. That is a clear error of law.

2. The second involved a person who resided in a member state for about 4 months but worked for about 2 weeks, the state issued a residence permit, and UKBA says the employment was short.

3. The third application is in regards to OB, and the fact that the CJEU has confirmed that centre of residence test cannot be right.

All 3 of these appeal have been pending for over 2 months with the FTT.

This is not usually the case, as permission application from the FTT to the Upper Tribunal is usually dealt with within 4 week.

The Tribunal know that the UKBA's position is untenable. They perhaps want to give them time to get their house in order, before deciding these application.

It is crazy that these incompetent government always get the preferential treatment.

After Akrich and McCarthy, the Tribunal were so quick to start issuing rejections , now when it favours and appellant, they are time wasting.

I am nevertheless 100% sure, that the tribunal will have no option but to grant permission in all those cases, except they wish to fall into error themselves.
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Re: Amendment to EEA Regulation from 1/01/2014 Singh diluted

Postby wiggsy » Sun May 18, 2014 1:24 pm

I'm guessing Sukwant Singhs will be refused too? https://www.whatdotheyknow.com/request/ ... ing-354517
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 Obie » Sun May 18, 2014 1:30 pm

There is one aspect that i find outrageous. In the EEA 4 form, applicant are again subject to the "Centre of Resident test"

I am not sure this can be right, as most of these people would have had residence card issued to them already, at a time when this test was not in place. It is absurd that they could now face refusal, when they had legitimate expectation that after the assessment of their Surinder Singh application, they will never have to face such hurdle 5 years later.
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Re: Amendment to EEA Regulation from 1/01/2014 Singh diluted

Postby wiggsy » Sun May 18, 2014 1:34 pm

Obie wrote:There is one aspect that i find outrageous. In the EEA 4 form, applicant are again subject to the "Centre of Resident test"

I am not sure this can be right, as most of these people would have had residence card issued to them already, at a time when this test was not in place. It is absurd that they could now face refusal, when they had legitimate expectation that after the assessment of their Surinder Singh application, they will never have to face such hurdle 5 years later.



I think that this is for people who do not have their status assessed. My wife had a fp. So is covered by the transitional regs... but she hasnt applied for her rc yet. (Still waiting on my replacement/newpassport we applied for two months ago....)
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 Obie » Sun May 18, 2014 1:42 pm

Was your wife application lodged before 01-01-2014?

The regulation does indeed state that there is an exception and transitional arrangement for certain categories of people, but the EEA 4 form seem to make no distinction. That is worrying, for the simple fact that the first EEA 4 applicants that should be affected by these changes will be after 01-01-2019.
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Re: Amendment to EEA Regulation from 1/01/2014 Singh diluted

Postby rosebead » Sun May 18, 2014 3:34 pm

Thank you for posting info about what's happening right now in the courts, Obie, it's informative. I look forward to these cases reaching higher courts and setting legal precedents. I really hope the delays in FTT aren't due to pandering to the government.

I'm a bit astonished at the change in EEA4 forms - I didn't know that. Surely the transitional arrangements would cover those who qualfied before 1st January. I agree, it is outrageous that the EEA4 form makes no distinction.
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Re: Amendment to EEA Regulation from 1/01/2014 Singh diluted

Postby Obie » Sun May 18, 2014 4:03 pm

Well they can delay for all I care. Wait for the man from the moon. All I care about we will not settle for anything less than grant and permission, setting aside of the FTT decision , and allowing these appeals, an order that fees be reinbursed. Anything less will not be acceptable in my opinion.
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Re: Amendment to EEA Regulation from 1/01/2014 Singh diluted

Postby Obie » Sun May 18, 2014 4:04 pm

Well they can delay for all I care. Wait for the man from the moon. All I care about is, we will not settle for anything less than grant of permission, setting aside of the FTT decision , and allowing these appeals, and an order that fees be reinbursed. Anything less will not be acceptable in my opinion.
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Re: Amendment to EEA Regulation from 1/01/2014 Singh diluted

Postby rosebead » Sun May 18, 2014 4:14 pm

Good for you, Obie :-). I look forward to the results. I am sure you will keep us updated of the resultant judgements. Those of us affected by the centre of life regs (or can't find jobs in the host country) need a boost.
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Re: Amendment to EEA Regulation from 1/01/2014 Singh diluted

Postby wiggsy » Sun May 18, 2014 7:55 pm

Yes Obie. Date of application was 6.12.13. Documents submitted 12.12.13. Entered on 6.1.14.

Obie wrote:Well they can delay for all I care. Wait for the man from the moon. All I care about is, we will not settle for anything less than grant of permission, setting aside of the FTT decision , and allowing these appeals, and an order that fees be reinbursed. Anything less will not be acceptable in my opinion.


When you say fees be reimbursed, what fees should be reimbursed? application / Court / Legal or? On my wifes appeal in FTT the judge said "no fees were payable therefore there is no fees order" (or something simular). We did however have court fees ETC.
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 wiggsy » Sun May 18, 2014 7:57 pm

Obie wrote: for the simple fact that the first EEA 4 applicants that should be affected by these changes will be after 01-01-2019.


well, anyone who entered on code 1a, and hadnt got a RC would be affected too... (as disgusting as that is...)
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 naumanmumtaz » Tue May 20, 2014 8:25 pm

Hi all,
Just a quick question in relation to Centre of family life...
I moved to Denmark on 06/04/14 and start working next day for DKK 7000 around £700PCM. To prove that centre of my life has moved I did following:

I own house in UK which I rented out for time being.
I changed my UK Drivers Licence for Danish.
I registered in Denmark with every authority I possibly can.
Registered doctor, kid in school, wife for language.
Been issued with Certificate of Registration.
Family been issued 5 Year Danish EEA Family Permit.

In Mid August will be around 4 and half month excercising my EU rights in Denamrk.

QUESTION IS: Upon my return to UK in August, will that all be sufficient to prove that centre of my life was moved to another state and to Invoke my EU Rights in UK as EEA National??

P.S I am not planning to apply UK Entry Visa for Family in Denmark instead just travel to Calais and get their passport stamped with Code 1A as mentioned in UKBA Manuals. Any suggestions for that?

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

Postby wiggsy » Thu May 22, 2014 3:36 pm

My old house mates eea2 was accepted and all he said about centre of life was he has no family in the uk. His family business and home was in ireland. He returned because of job offer. And included letter from employer stating this...
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 naumanmumtaz » Sat May 24, 2014 12:45 am

Thanks for your reply. How long your mate was away for from UK?
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Re: Amendment to EEA Regulation from 1/01/2014 Singh diluted

Postby wiggsy » Sat May 24, 2014 8:53 am

naumanmumtaz wrote:Thanks for your reply. How long your mate was away for from UK?

It's difficult to say. As he had lived in his wife's country for numerous years before Singh on tourist visa. But Ireland was about five months
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 logical_1 » Sun Jun 08, 2014 3:08 am

https://www.whatdotheyknow.com/request/ ... ing-354517
It looks like it will be a while before there are any ammendments to the regulations!
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Re: Amendment to EEA Regulation from 1/01/2014 Singh diluted

Postby wiggsy » Sun Jun 08, 2014 7:13 am

logical_1 wrote:https://www.whatdotheyknow.com/request/case_c_45612_surinder_singh_requ#outgoing-354517
It looks like it will be a while before there are any ammendments to the regulations!


I noticed that too. .. I like how they say "if any"... There are clearly amendments required.
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 Britgh0st » Mon Jun 09, 2014 9:14 pm

Hello ladies and gents,

I'm new here and would appreciate some advice on whether the Surinder Singher route is likely to work in my situation.
From what I understand, the SS route seems to be the most doable with my financial situation and also considering other factors.

I am British and have married a Malaysian (we have had a genuine long-term relationship for nearly a decade, supportable with photo evidence). She has over-stayed previously, but there seems to be very little record of this on the system, as it were. We married earlier this year (on a valid visitor visa (we have been told-off by Border Agency officer at the airport, see below)). My wife then went to Europe after her visitor visa here was up, I later joined her and we returned to the UK together (she had been there for a month) as I naively thought she might be able to start another 6-month visitor visa but the Border Agency staff only gave her an emergency month's leave in the UK. I assume that she can still spend another 2-months in the EU/Ireland, should she want/need to.
The 'extra' month is nearly up, I'm nowhere near making £19'000 a year, I'm not sure she would pass the English test and we need to decide what to do next.

I'm sure I've left relevant info out above, but basically; can we forgo the return to Malaysia and both go straight to Ireland and start applying/exercising rights etc? Obviously I would have to find a job and flat a.s.a.p. once we got there.

Thanks for your time/advice,

Britgh0st
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Re: Amendment to EEA Regulation from 1/01/2014 Singh diluted

Postby wiggsy » Mon Jun 09, 2014 10:38 pm

Three months and a day. .. Article seven residence. ..

Although UK law still requires you to work. Eu law doesn't. .. If you don't work it'll be refused. .. But court will consider case c456/12.

I don't think u can add on the extra time. . Just continuous blocks....

Also. Travel Via ferry n all she needs is a passport or other photo id... Apply for eu1 within three months of entry.
For anybody effected, I hope that my Surinder Singh Route Information Pages help.
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