Extension of WRScheme in 2009 was unlawful?

[Ikonkar]

Guru's / Obie / other helpful members -

What's your take on this?? - quite interesting if you ask me...

Let us know you expertise. Many Thanks

http://www.gcnchambers.co.uk/news/exten ... s_unlawful

or

http://www.osscsc.gov.uk/Aspx/view.aspx?id=4418

A recent decision of the Administrative Appeals Chamber of the Upper Tribunal (30.1.15) now means that the Workers Registration Scheme will have to be treated as having no legal effect in respect of its final two years’ of operation, potentially affecting the past and future social security, housing and immigration law rights of hundreds of thousands of EU workers.

[Ikonkar]

Further to above, I've just read the below.

Quote:
It will no longer be able to refuse EU workers the right to reside on the ground of not having complied with the WRS requirements in the period 1 May 2009 and 30 April 2011.
Unquote

So does this means that an EEA national who came in the UK say Feb 2010 exercised treaty rights for 5 years without registering with WRS could possibly be eligible to apply for a PR in Feb 2015?

[Ishjon]

This sounds really promising however it depends if secretary of state will appeal against the decision and wether UKVI will implement it. Any idea if there is a deadline for them to appeal the decision?

[Torex]

The Secretary of State has a month after the decision to appeal against an Upper Tribunal decision.

https://www.nibusinessinfo.co.uk/conten ... l-decision

[Saladin0011]

When it will be one month?

[Torex]

The date of the decision is 30/01/2015, so the month has already passed.
I have no idea how to find out if the Secretary of State has appealed the decision.

[Ikonkar]

I emailed GCNchambers reagrding HOME OFFICE appealing against the decision, this is what they've replied.

No News - likely to be some months before and PTA app is decided. Website news story will be updated as and when more news.

Thanks

[Ikonkar]

My wife has just been refused EEA3 due to HO unable to find out that she was registered under Workers Registration Scheme in 2010 since she came to the UK. However, we know that she did and lost her certificate. I've asked HO if they should consider her under the new judgement but will wait and see. I've contacted Solvit as well and they are also looking into the case, but they advised as this judgement is a National Judgement i/o European Judgement so they need to analayse the whole situation before they make any kind of representation.

Keep you posted.

[Torex]

I'm sorry to hear about your wife's application.
However it's great that you asked HO to take the new judgement into account and asked Solvit to help.
Let us know when you get any updates on your wife's situation as this case may open the gate to acquire PR for many people who never applied for WRS.

[Saladin0011]

Hello good people. Any news about this case?

[Ikonkar]

This is what I've heard from Solvit EU just now:

\\Quote:
I am writing to inform you that I have analysed court’s decision and support your idea that UKVI should have taken this decision into consideration while refusing permanent residence. I am not an expert of UK national law or judicial procedures, however, I do believe that this court decision in legally binding UKVI as well, so I asked Solvit UK to look into the case. I will come back to you when I have some information.
\\Unquote:

[Torex]

Thank you for letting us know.
Hopefully Solvit UK will provide some more information.

[Saladin0011]

So i have looked on new EEA3 form (page 59) and A8 countries have to prove that they had WRS until 2011.
I though that they lost this case or why is it still there?

[Ikonkar]

Guys, This is the below reply I got from UKVI. Please shed some light are they correct?

Thank you for your email.

The case in question was actually a case against the DWP. Legal advice is that the DWP case does not affect immigration decisions. As such, the regulations and requirements for permanent residence will remain unchanged.

Yours sincerely ,

[vinny]

The UKVI can choose to ignore the judgment, but at their own peril. I doubt that the First-tier Tribunal (Immigration and Asylum Chamber), or other courts, will choose to ignore it as well, if you bring the judgment to their attention.

[Obie]

Guys, This is the below reply I got from UKVI. Please shed some light are they correct?

Thank you for your email.

The case in question was actually a case against the DWP. Legal advice is that the DWP case does not affect immigration decisions. As such, the regulations and requirements for permanent residence will remain unchanged.

Yours sincerely ,

That is frankly speaking an outrageous thing to say.

It is binding. If WRS is unlawful at some point, then it must be unlawful in all area during that point, not just in some area.

That Decision is binding on an FTT Judge.

[Ikonkar]

Please see below email update from Solvit - Regarding the last disappointing email in question was answered by UKVI.

\\Quote:
From Solvit-

I agree with you, though I am not an expert of UK national law. I have forwarded this UKVI e-mail to Solvit UK for their information.

When I get something, I will let you know.
\\Unquote

Solvit EU - are agreeing that UKVI should consider the decision in favour, but still awaiting reply from Solvit UK. - Will keep you posted.

[Obie]

Proceed with application and deal with any consequences thar may arise.

[Ikonkar]

Hi Obie,
Many thanks for your convincing reply. Anyhow, the initial application was refused, and we didn't appealed against the decision either. However contacted SOLVIT to raise the issue. Let's see if they could turn few tables. I don't think (dont know) if HO has appealed against the decision or not. But so far no news.

Does anybody know if they did or not? or is there any way to find out. I'd like to accept the challenge and will take them to there limits if HO are blatantly refusing to look at the laws and implying them.

[Obie]

Solvit cannot do anything .

You did not appeal either.
You could make a new application and rely on it .

[Ikonkar]

Sure thing.. I'll send the new application on Monday now

[Ikonkar]

Guys, just had the reply back, and unfortunately it's the same.
Legal Advice is that DWP cases are does not affect immigration decisions.

we'll just wait.. I think

[Ikonkar]

People, just had a reply back from Solvit - see below. (please any suggestions) it's been a long time since the judgement was out and can the HO appeal against the judgement now?

Quote://
I have just received an e-mail from SOLVIT UK with your case’s update.

SOLVIT UK has spoken with the Home Office, which is aware of the ruling. However, UK intends to appeal the decision, as it does not agree that the option to extend the accession requirements was illegal. As this is a ruling that will be appealed through the courts, it is outside of SOLVIT’s scope to influence. Therefore SOLVIT UK has closed this case as unresolved.

We do apologise that we could not help you with this matter. SOLVIT works in informal manner and therefore has no competence when it comes to formal judicial proceedings.

As we understood, the UK judgement you sent us earlier is not the final judgement in that case and has not entered into force yet. We advise you to follow appeal procedures in the court and come back to us with a final decision of appeal.

Thank you once again for contacting us.

If you have further questions, let us know.
Unquote:\\

[KSC]

Is it any news regarding the above?
Does anyone hear anything?

[Danjagor]

Hello,

if it is DWP case, can anyone please confirm if DWP accepted the decision
as binding on decision makers, or merely stay decisions?

Thank you.