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

Thanks to all forum members and mods for their help.

Just got my wife's UK residency card yesterday.
We arrived in Ireland on the 27th of January 2014 and traveled back to the UK on the 7th of May without a Family Permit.
She applied for a EEA2 in early June and received her UK Residence card in less than 2 months. I thought I would share my news as I spent less than 3.5 months abroad (self employed). I'm not sure if they have relaxed the 'Centre of Life' rule in light of case C‑456/12.

How did your wife enter the UK without the family permit?

Aidin22 wrote:How did your wife enter the UK without the family permit?

We drove from Dublin to Belfast and flew to Manchester Airport. There is no routine immigration checks on internal flights. I did have my relevant docs such as marriage certificate and proof of exercising treaty rights in Ireland to hand ready to present to someone to ask for a 1A stamp however there was no one there to present myself and my wife to.

I had this FOI request and an email from European Operations confirming (vaguely) that a Family Permit was not required as Ireland is part of the Common Travel Area.

https://www.whatdotheyknow.com/request/ ... r.pdf.html

Hmm very interesting...

Good to see there may be an easier option available.

My self and my wife will be immigrating to Ireland in Jan 2015 to go through the Surinder Singh process.

I think i will try this option as we were considering to stay in Ireland for at least 1 year.

I hope you dont mind if I ask a few more questions?

When your wife applied for the EEA2 what documents did you have to submit with the application?

And you said
"I did have my relevant docs such as marriage certificate and proof of exercising treaty rights in Ireland to hand "

What proof of exercising treaty rights did you have with you?

Regards.

I've created a new thread that answers your questions

http://www.immigrationboards.com/eea-ro ... 69701.html

The European Commission will be contacting the UK about the Centre of Life Test.

The burden of proof is always on the person who wishes to establish rights under the regulation. What happens to the burden of proof is on the appellant and the standard of proof required in immigration appeals is the balance of probabilities?

So this is it then? Disregard the law, waste the applicant's time, compel them to pay unnecessary legal fees, just because they dare do as the law require of them? Show to us that the provisions of the regulations have been engaged, and when you do, you risk refusal? We look forward to the day when the tribunal becomes fully politicize.

I have a question.
Ok using c456/12 the non-EEA right is "derived" from and applies to the directive by "analogy". So when back in the UK does that mean they would apply for "derivative residence permit" ,although the aplication form seems to be related to carers, or would they apply on EEA form for residence permit, although the EEA citizen was not exercising treaty rights under "Surinder Singh" just treaty rights under TFEU 21(1) with consideration to c456/12.

If its only derived right does that mean there can be no permanant residence card? Just have to do a full 10 years here and apply for ILR (or is it 15 years now).

I'm also worried that if UKVI only grant derivative rights then my soon bo be wife will not be allowed to work.

Hi,

great to read all about useful information being shared on this forum.

i have been inactive for a long time from the site.

Can some one please help me in the given situation i have here, just couldn't find any guidance in UK Immigration Law or EU Law.

Me and my children are in UK under successful sing law, I have children from previous marriage not from British wife.
But now she is (British step-mother) not behaving nice with my kids. one of daughter is in Medical problem (Asthmatic & Eczema), its been 8 months they joined me in UK & saw their mother. Their mother is also willing to take children back in this situation.
I don't want kids to go back. please advise if the non-EEA Parent of non-EEA child living under EU Law in UK can join them or apply for EEA Family Permit or Access to child right which is also not a case as kids are not British or settled yet?

just to add one more thing my daughter has British Birth Certificate and was born in UK when my ex was living with me 8 years ago.
I have been looking for all sorts of information but couldn't find a solution for this case.

if Gurus can advise on this case would be really helpful.
Regards,

357mag wrote:I have a question.
Ok using c456/12 the non-EEA right is "derived" from and applies to the directive by "analogy". So when back in the UK does that mean they would apply for "derivative residence permit" ,although the aplication form seems to be related to carers, or would they apply on EEA form for residence permit, although the EEA citizen was not exercising treaty rights under "Surinder Singh" just treaty rights under TFEU 21(1) with consideration to c456/12.

If its only derived right does that mean there can be no permanant residence card? Just have to do a full 10 years here and apply for ILR (or is it 15 years now).

I'm also worried that if UKVI only grant derivative rights then my soon bo be wife will not be allowed to work.

People on derivative right can work. The rule has been changed since 2012, such that beneficiaries of Chen ruling can now seek employment.

brana1 wrote:Hi,

great to read all about useful information being shared on this forum.

i have been inactive for a long time from the site.

Can some one please help me in the given situation i have here, just couldn't find any guidance in UK Immigration Law or EU Law.

Me and my children are in UK under successful sing law, I have children from previous marriage not from British wife.
But now she is (British step-mother) not behaving nice with my kids. one of daughter is in Medical problem (Asthmatic & Eczema), its been 8 months they joined me in UK & saw their mother. Their mother is also willing to take children back in this situation.
I don't want kids to go back. please advise if the non-EEA Parent of non-EEA child living under EU Law in UK can join them or apply for EEA Family Permit or Access to child right which is also not a case as kids are not British or settled yet?

just to add one more thing my daughter has British Birth Certificate and was born in UK when my ex was living with me 8 years ago.
I have been looking for all sorts of information but couldn't find a solution for this case.

if Gurus can advise on this case would be really helpful.
Regards,

It will be most interesting, as i am of the view that a child who was not in the other member state where the British Citizen migrated to, cannot qualify.

Regulation 9(2) seem to indicate the residing with only applies to spouses.

It will be interesting.

The child can be registered as British once you have obtained ILR, or if the child has never been away from the UK, can register in his or her own right when he/she turn 10 years.

Obie wrote:
It will be most interesting, as i am of the view that a child who was not in the other member state where the British Citizen migrated to, cannot qualify.

Regulation 9(2) seem to indicate the residing with only applies to spouses.

It will be interesting.

The child can be registered as British once you have obtained ILR, or if the child has never been away from the UK, can register in his or her own right when he/she turn 10 years.

Hi,

actually they refused EEA FP for children under singh law with same reason as they did not moved in EU Member State with British Citizen as step children. But after the Amendments made in regulation from 01 Jan 2014 we had decision reversed and they were granted EEA FP under singh Law.

hope it clears your point.

is there any option for the Biological mother to visit children living with father under Singh Law?

as she is willing to take one child back who is suffering Medical conditions but i want them to keep in UK.

Regards,

FYI: BritCits is collating refusals of FP and RC based on COL. If you can contact them with a copy of your refusal, it will be used in a complaint to the European Commission : BritCits [at] GMail.com

New Ruling on Surinder Singh . Does not go far enough. Upper Tribunal starting to realise that the status quo is untenable . But it is a start, albeit to a very limited degree.

http://www.bailii.org/uk/cases/UKUT/IAC/2015/593.html

If my "extended family member" gains a residence card in another state will she be a "family member" if I return with her to UK?

Regulation 8 further defines extended family members. In accordance with Regulation 7(3) extended family members are only to be treated as family members for the purposes of the EEA Regulations if they have been issued, as a matter of discretion, with an EEA family permit or a registration certificate or residence card. The EEA Regulations allow for an ‘extensive examination of the personal circumstances’ of a person applying under these provisions.

I mean could she apply in the UK for a residence card as a "family mamber" once here?

See further changes as of November 2015:
http://www.immigrationboards.com/eea-ro ... 19308.html

357mag wrote:If my "extended family member" gains a residence card in another state will she be a "family member" if I return with her to UK?

Regulation 8 further defines extended family members. In accordance with Regulation 7(3) extended family members are only to be treated as family members for the purposes of the EEA Regulations if they have been issued, as a matter of discretion, with an EEA family permit or a registration certificate or residence card. The EEA Regulations allow for an ‘extensive examination of the personal circumstances’ of a person applying under these provisions.

I mean could she apply in the UK for a residence card as a "family mamber" once here?

9(4)(b) prevents this.

Does anyone know if the new changes to Art 9 will have an impact on permanent residency applications as well? I am really worried now as I have brought my parents into the UK via Surinder Singh route, and although my move to a EU county was genuine, it was just before 1 January 2014, and the new changes came in when we returned to the UK, so I haven't been doing any "intergration in the host EU state" while there (as it wasn't needed then), and I did move there genuinely because my employer send me there by work but this was only for 4,5 months unfortunately. My parents joined me in there and then came to the UK with me, applied for the residence card in December 2013 and got it, and we now have just under 2 years to wait until they can apply to the permanent residency card, but will they be refused it now because of these new changes?

Would really appreciate any comments by the guru of this forum!

thanks you so much!

Well so far they are apply some of their changes retrospectively.

At the moment the Home Office are in control if Regulation 9. Soon it will be in our hands and the hands of the court.

Hi, many thanks! Sorry, I am not sure I understand- why it will be in our hands soon?

ulanata wrote:Hi, many thanks! Sorry, I am not sure I understand- why it will be in our hands soon?

Brexit

ulanata wrote:Hi, many thanks! Sorry, I am not sure I understand- why it will be in our hands soon?

Well in the courts I am sure people will then be able to demonstrate that the changes are indeed unlawful and binding precedent will be set which the SSHD will have to follow.

Obie wrote:

ulanata wrote:Hi, many thanks! Sorry, I am not sure I understand- why it will be in our hands soon?

Well in the courts I am sure people will then be able to demonstrate that the changes are indeed unlawful and binding precedent will be set which the SSHD will have to follow.

I guess we will have to rely on a case to reach the Upper Tribunal and then be reported which seems unlikely given the fact that cases are settled in the First Tier Tribunal.

In regards to the "centre of life test", HO are of view that it is lawful according to paragraphs 51-57 of O&B judgmement.

Letter from Robert Goodwill MP to Lord Trefgarne

Thank you for your letter of 9 November regarding the Immigration (European Economic Area) Regulations 2016 (SI 2016/1052) (“the Regulations”) which raised a number of questions about the wording of some of the provisions, notably: regulation 9 and subparagraphs 7 (c), (e) and (h) of Schedule 1.

Regulation 9(2)(c) specifies that where a British citizen who has exercised free movement rights in another EEA Member State wishes to sponsor an application made by a family member under the EEA Regulations, one of the conditions to be met is that the residence in the other Member State must be, or have been, genuine. This condition subsumes the current ‘centre of life’ test, aligning more closely with the language used in jurisprudence of the Court of Justice of the European Union (for example, O and B (C-456/12), paragraphs 51 to 57), and will allow a broader range of evidence to be taken into account.

http://www.publications.parliament.uk/p ... 7/6707.htm

Does the EU Commission agree with this approach hence no action has been taken against the UK government in the last 3 years despite the promise to do so?

For clarity and background, the judgment in O & B (C‑456/12), referenced above.

Also, compliments to mkhan2525 for the research.