Finally received a response from the UKBA to my FOI request.
See response here:
http://www.whatdotheyknow.com/request/1 ... sponse.pdf
Have read through. The response seems like a complete palm off but want to get other people's thoughts on this.
I think if we collectively dissect this letter and share comments - then maybe we can come together and draft a suitable reply to the UKBA on this?
i had a quick read-through of the response and it looks like the UKBA are pretty much saying:
1- Our interpretation is that only holders of UK issued residence cards are not required to get an EEA Family permit and that is in accordance with the directive. We are not going to amend anything with regards to all EEA Family cards from other EU states until actually forced to do so by the ECJ. (So far they have not been referred to the ECJ and all of this is just opinions and recommendations)
2- They are trying to find all possible legal loopholes not to disclose any communications with the commission to the public.
As things stand they are saying nothing will change until ECJ rules on the matter. So far the case is still in the recommendation phases. This is similar to the Surinder-Singh case where only by force of an ECJ ruling are they going to apply the rules correctly.
So now we wait for the case to be resolved in court. At this stage it is pretty much useless to reply to this or ask anymore information since they wish to ignore everything related to the matter until the ECJ rules.
The main issue here continues to be that the UK is actually allowing EEA Family members to enter the UK by providing a so called stamp A1 or 1A(not sure) and it actually says in their manuals that the EEA Family permit is not mandatory.
So family members can argue their way into the UK if:
1.They manage to reach the border
2.Have a marriage certificate and spouse is with them
3.Argue their way and spend time and nerves on it
This is made difficult since the UK uses the confusion in different laws to scare airlines into not accepting EEA Family cards on board, under the threat of fines, which is not true or legal.
So options are either travel by car/ferry from Calais or use the Lille loophole. Since EEA Family permits are not mandatory both options work in 90% of cases. It does however require nerves of steel.
So far the most easily accessible part of the UK is Northern Ireland. Again all of this does not make any sense and our only hope is the ECJ.