Hi,euspouse07 wrote: ↑Mon Dec 16, 2019 12:23 amThis is a great thread.Mark_ir wrote: ↑Sun Dec 15, 2019 5:32 amDo you have any idea about your friend case?arz1986 wrote: ↑Sun Dec 15, 2019 12:46 amOne of my friend case is in court, he get the letter for out of court settlement offer and 7000 euro cost refund by INIS. INis state he have to withdraw the case from the court, then resubmit updated documents and then reconsider his case and give decision in 16 weeks.
i think within 6 months all thing will be sorted.
What was the basis of his case?
What type of updated document they are asking now for considering his case by INIS?
I am asking you question on behalf of my friend.
My understanding is that as of now, there are two types of cases.
One, where INIS has established/alleged that marriage was sham and conducted for the sake of immigration gains.
Second, where the union was genuine but the relationship fell apart and none eu partner couldn't fulfil the needed requirements to retain his/her rights to remain in the state.
My friend has submitted the application under section 3 mentioning lots of grounds.
I wonder, in the light of new judgment , fresh appeal needed to be submitted to EU TREARY RIGHTS SECTION .
THANKS
In any circumstance they must consider both applications under article 30 and 31 of directive 2004/38.
Article 35
Abuse of rights
Member States may adopt the necessary measures to refuse, terminate or withdraw any right conferred by this Directive in the case of abuse of rights or fraud, such as marriages of convenience. Any such measure shall be proportionate and subject to the procedural safeguards provided for in Articles 30 and 31.