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

[357mag]

Home Office dont want us to know?

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

[rosebead]

Thanks for that 357mag, it sounds like the new ruling has put the frighteners on them lol . Hence the mysterious non-disclosure.

[chaoclive]

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?

[Obie]

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.

[rosebead]

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.

[Obie]

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.

[rosebead]

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.

[wiggsy]

"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...

[abbasi11]

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.

[357mag]

Mr Kellys request also denied
https://www.whatdotheyknow.com/request/ ... 3.pdf.html

[rosebead]

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).

[Obie]

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.

[wiggsy]

I'm guessing Sukwant Singhs will be refused too? https://www.whatdotheyknow.com/request/ ... ing-354517

[Obie]

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.

[wiggsy]

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....)

[Obie]

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.

[rosebead]

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.

[Obie]

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.

[Obie]

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.

[rosebead]

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.

[wiggsy]

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

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.

[wiggsy]

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...)

[naumanmumtaz]

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

[wiggsy]

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...

[naumanmumtaz]

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