Chen Zembrano Singh EEA Family Permit

[Rolfus]

This thread was posted by mistake in Europe Immigration when it should have been in EEA Route. Could someone with super-powers be so kind as to move it please?

I am British, exercising treaty rights in the EU, and I have a third country national unmarried partner, we have a British minor son.
All that is agreed by the Home Office, but they won't give my partner an EEA Family Permit as my partner because they claim that Surinder Singh cases must be considered under Regulation 9 of The Immigration (European Economic Area) Regulations 2006, and not Regulation 8.5.

The judge in the initial appeal hearing ruled that 8.5 applies.

The HO appealed.

A SIJ allowed them to appeal.

The Upper Tribunal heard arguments as to whether they should be allowed to appeal.

One day the arguments of the case may be heard again by the Upper Tribunal.

But still no EEA family permit.

So to Plan B.

My partner will submit a new application for an EEA family Permit as mother of our son, citing Chen and Zembrano.

I expect the ECO will refuse this saying:

-As your son is British Regulation 9 will apply. You are an Other Family Member of your son, so not entitled to an EEA Family Permit under Chen because Regulation 9 doesn't make provision for Other Family Members.

-Zembrano does not say how entry clearance is to be provided, so it will be under the Immigration Rules, not by an EEA Family Permit. Just like for Chen cases. See EUN 5.2 http://www.ukvisas.gov.uk/en/ecg/eunati ... d#14772496

-You have referred to M (Chen parents: source of rights) Ivory Coast [2010] UKUT 277 (IAC) http://www.bailii.org/uk/cases/UKUT/IAC ... coast.html where the Upper Tribunal has ruled (para45) that in Chen cases an EEA Family Permit is the appropriate form of entry clearance. But your case is a Zembrano case so EUN 5.2 will apply

-Anyway, you can't apply for another EEA Family Permit while you have an outstanding appeal.

What does anyone else think will be the reaction?

Do you prefer Kafka or Joseph Heller?

[Directive/2004/38/EC]

A couple of questions if I might.

Are you trying to visit the UK, or move back to the UK? Doesn't matter really but I am curious...

It sounds like your partner would fit nicely under Section 9, which is "Family members of United Kingdom nationals". Why/how does that not work? Why 8(5)?

How are you doing your appeals? Are located in (non-UK) Europe and doing this by mail? If you were in the UK for the appeal hearing, did a solicitor for UKBA even show up at your appeal hearing?

[Rolfus]

Dear Directive 2004/38/EC,

According to UKBA Other Family members are not covered by Reg 9.

"as you are the unmarried partner of Rolfus and not his spouse the condition in Regulation 9 (2) (b) is not met. Unmarried partners are considered under Regulation 8(5) as extended family members, but Regulation 9 does not make provision for you to be considered as an extended family member under Regulation 8(5)."

We want to visit the UK for business, study and family visits for next 18 months, then move back.

I have flown over for each appeal. A home office solicitor (or lay official) was present each time.

I have posted more details on this thread: http://www.immigrationboards.com/viewto ... highlight=