Partners EU1 application refused on basis of dual citizen!!!

acme4242 wrote:

Monifé wrote:Update:

.... our case is actually being heard on the 25th May

best of luck Monifé.....

Same here Monife. Wish you and your partner all the best.


9jeirean.

best of luck monife ...................

GOD BLESS YOU MONIFE,,,,,BEST OF LUCK

Thanks for the well wishes.

Unfortunately it is not good news. In light of the McCarthy judgement our barristers advised us to withdraw our high court proceedings. They fought to allow us to withdraw it with no cost implications but the DOJ would not accept and we had to accept a cost order against us.

We are due to be married in August, so our solicitors advised us that this will make our situation stronger. We are now (on the advise of our solicitor) going to make one MEGA application to the department, including my partners humanitarian leave to remain application, an application based on our engagement and soon to be marital relationship under Irish national law and also to be considered under EU law as per Zambrano and as per Metock for my partners negative immigration history to not affect our application. They are going to back the whole thing up with documentary evidence and legal submissions.

So fingers crossed this works for us, it could take a long time but our solicitors are going to try and compel them to issue us with a decision in 6 months after our marriage.

Failing that, we will move to the UK or Northern Ireland. We just really see this as a last resort (even though it is probably a sure way of working for us) but it is not feasible at the moment due to our financial circumstances.

Monifé wrote:Thanks for the well wishes.

Unfortunately it is not good news. In light of the McCarthy judgement our barristers advised us to withdraw our high court proceedings. They fought to allow us to withdraw it with no cost implications but the DOJ would not accept and we had to accept a cost order against us.

We are due to be married in August, so our solicitors advised us that this will make our situation stronger. We are now (on the advise of our solicitor) going to make one MEGA application to the department, including my partners humanitarian leave to remain application, an application based on our engagement and soon to be marital relationship under Irish national law and also to be considered under EU law as per Zambrano and as per Metock for my partners negative immigration history to not affect our application. They are going to back the whole thing up with documentary evidence and legal submissions.

So fingers crossed this works for us, it could take a long time but our solicitors are going to try and compel them to issue us with a decision in 6 months after our marriage.

Failing that, we will move to the UK or Northern Ireland. We just really see this as a last resort (even though it is probably a sure way of working for us) but it is not feasible at the moment due to our financial circumstances.

Sorry to hear this and congrats at the same time in advance regarding your intented marriage. To go Irish spouse route your soon to be hubby will be waiting more than a year for a decision to be made on his application, there is no legal way for solicitors to compel DOJ to give you the right answer within 6 months as it will be discretionary same like citizenship scenarios. I suggest to enrol yourself north of the border in a diploma or certificate course (since you hold a public service job here these are hard to come by). After six months apply for EU FAM basis, but to completely uproot yourself from South and go to North is like taking a big chance IMHO. Best of luck in your future endeavours.

In my experience applications for residency based on marriage to an Irish national are currently taking 4- 6 months. Imho I think a "mega" applicaiton will just draw unnecesary (negative) attention to your case. I would lay low until the marriage and then apply in the normal way to INIS (Mariage to an Irish Nat Section). I don't want to criticise your lawyers but it might have been a better idea to apply as an Irish (not UK) citizen from the start.

ImmigrationLawyer wrote:In my experience applications for residency based on marriage to an Irish national are currently taking 4- 6 months. Imho I think a "mega" applicaiton will just draw unnecesary (negative) attention to your case. I would lay low until the marriage and then apply in the normal way to INIS (Mariage to an Irish Nat Section). I don't want to criticise your lawyers but it might have been a better idea to apply as an Irish (not UK) citizen from the start.

Thanks for the advice. Spouse of Irish national application was not an option to us last year as we weren't ready for marriage, hence why we thought we could use the EU treaty rights defacto application, as the Irish defacto is subject to the immigration status/history of the applicant, which in my partners case is not good.

Why our solicitor suggested an application using a few different arguments, is that my partner had received a section 3 notification, which was put on hold pending our case. This is most definitely going to be reactivated, hence why our solicitor said we should make an application including the humanitarian leave to remain aspects and also on the basis of our partnership and soon to be marriage.

Correct me if i am wrong but i am assuming the reason your solicitors are withdrawing your case is because you are getting counted here as an Irish citizen instead of British hence the reason EU directive is not applicable on you due to dual nationality and the recent McCarthy case. What is stopping INIS even after your marriage to deny your partner the stay...

Monifé wrote: as the Irish defacto is subject to the immigration status/history of the applicant, which in my partners case is not good.

Marriage to Irish citizen is not a sure fire way, you probably have seen this page already and have a much better know how to this but i draw your attention towards this info...

http://www.inis.gov.ie/en/INIS/Pages/WP07000024

http://www.westmeathindependent.ie/news ... eportation

A friend told me of a person whose case is all over the place, marriage was simply marriage of convenience to an EU national, even that chap was in the papers as he got arrested over sham marriage and then let go. He went back to the HSE office to get married and i was told that people in registrar office were looking up and watching in either disbelief or curiosity that guy is from the news", he is now enjoying his 5 years EUFAM stamp after getting his 6 months temp stamp earlier and he did not even use services of a solicitor for his case. Yet there are cases getting negative decisions who are trying to do everything right. I think there is a difference in right and correct. Doing correct things is one suggestion i can give you by invoking Surrinder Singh after marriage as what if after waiting months on irish spouse and come away with another negative decision, then to go back on the drawing board and start again. There are other posters who will disagree with me but you have to weigh the pros and cons yourself, its your case.

Monife, you don't necessarily need to settle in Northern Ireland to be covered under community law. Under the courts case law, you will be classed as a migrant worker in Ireland by simply moving your resident to Northern Ireland, and making sure you go there at list once a week.

You could essentially be working to Ireland, rent a home in Northern Ireland, and go there at least once a week.

A frontier worker has the same rights in community law as normal worker, Under Article 45 of the TFEU.

I strongly believe this will work more smoothly than going through the national rules.

In light of all that has happend, i am not persuaded that the department will want to exercise discretion in your partners favour, except if their hands are tight, which i am not convinced will be the case.

They are your legal reps, and i respect them, but i do believe you had a strong case irrespective of McCarthy.

ImmigrationLawyer wrote:In my experience applications for residency based on marriage to an Irish national are currently taking 4- 6 months. Imho I think a "mega" applicaiton will just draw unnecesary (negative) attention to your case. I would lay low until the marriage and then apply in the normal way to INIS (Mariage to an Irish Nat Section). I don't want to criticise your lawyers but it might have been a better idea to apply as an Irish (not UK) citizen from the start.

especially with the order for costs will make it tricky to bring future cases.the dept might question the ability to be self sufficient with that order over one's head.good thing you've(monife) no assts. keep head down,build case up.if there's no d/o there is a chance of success under domestic law.honestly,don't put too much hope on zambrano,but certainly use it and look at ecthr guidelines as persuasive arguments.you dont want to draw attention.

leave to remain cases take at least one year to be decided.keep head down, plenty of time.you will need as per echr to set out the insourmountable obstacles argument.you may not succeed as mere hardship aint enough. like it or not patty is absolutely correct. mainland britain for about one year is the best option. if spouse is prevented from entering there or ni,then you could envoke the treaty articles as suggested by mcarthy.(somehow, despite recent cases akrich argument might unsuccessfully rise from the dead)

Obie wrote:Monife, you don't necessarily need to settle in Northern Ireland to be covered under community law. Under the courts case law, you will be classed as a migrant worker in Ireland by simply moving your resident to Northern Ireland, and making sure you go there at list once a week.

You could essentially be working to Ireland, rent a home in Northern Ireland, and go there at least once a week.

A frontier worker has the same rights in community law as normal worker, Under Article 45 of the TFEU.

I strongly believe this will work more smoothly than going through the national rules.

In light of all that has happend, i am not persuaded that the department will want to exercise discretion in your partners favour, except if their hands are tight, which i am not convinced will be the case..

yes,but it sounds too risky especially residence for only one day.that arrangement will be considered with deep suspicion by the british when they enquire about their history.could you be more specific as to the basis of your strong belief. Preferably legal point as oppose to emotional, please. ( I am not in disagreement with you regarding the boarder frontier thing by the way. Polish - Germans, French - German, Swedish-Danish, its very common, just like a Midlander commuting daily to Dublin.

our solicitor said we should make an application including the humanitarian leave to remain aspects and also on the basis of our partnership and soon to be marriage.

Yes of course you should make all of these arguements in the s.3, but I would also try an application to INIS (separately) based on your de facto relationship with an Irish national. Yes, of course none of these are "sure fire" applications, but if a DO issues you can then try moving to another EU state (especially if you are married by then) and your strong EU rights will override the DO.
Of course, if you don't want to risk a DO, it would be a good route to move to another EU country if you could find work there. But it depends on how unattractive an option this is - uprooting yourself and leaving your jobs, family etc. If you stay, you have at least a reasonable chance with an application to INIS based on the marriage/ de facto relationship. I wouldn't be so sure of the Repat Unit issuing leave to remain in these circs.

walrusgumble wrote:Preferably legal point as oppose to emotional, please.

What is this, is it meant to be a windup or what.

I hope you are not missing my response to you too much. I have been trying to avoid a confrontation with you, in fact avoid you totally, and you are seeking to get me worked up.

It seems like you just can't resist me. Never mind you will get a curdle when i come round Dublin one of these days. I can see you require some TLC. Play your cards right, and i might link you up with a nice African girl to keep your company, and show you real love.

On a more serious note, it is settled case law that there need to be some form of cross border activity for the provisions of community law to be invoked.It is also settled law, that the provisions of community is applicable, if a person resides in a memberstate other than that in which he or she works. Even if the memberstate in which the person works is her home state, so long as she transfer her residence to another member state, she is to be considered a worker under Article 39 of the EC treaty now Article 45 TFEU.

All i am saying is that Monife only needs to move her residence to Northern Ireland, whiles still working and studying in the Republic, and her partner will be covered as a permitted family member in Ireland.

My advice is backed up by several ECJ authority, so there is nothing emotional about it.

See paragraph 34- 39 of the Judgement below.

http://eur-lex.europa.eu/LexUriServ/Lex ... 27:EN:HTML

Obie wrote:

walrusgumble wrote:Preferably legal point as oppose to emotional, please.

What is this, is it meant to be a windup or what.

I hope you are not missing my response to you too much. I have been trying to avoid a confrontation with you, in fact avoid you totally, and you are seeking to get me worked up.

It seems like you just can't resist me. Never mind you will get a curdle when i come round Dublin one of these days. I can see you require some TLC. Play your cards right, and i might link you up with a nice African girl to keep your company, and show you real love.

On a more serious note, it is settled case law that there need to be some form of cross border activity for the provisions of community law to be invoked.It is also settled law, that the provisions of community is applicable, if a person resides in a memberstate other than that in which he or she works. Even if the memberstate in which the person works is her home state, so long as she transfer her residence to another member state, she is to be considered a worker under Article 39 of the EC treaty now Article 45 TFEU.

All i am saying is that Monife only needs to move her residence to Northern Ireland, whiles still working and studying in the Republic, and her partner will be covered as a permitted family member in Ireland.

My advice is backed up by several ECJ authority, so there is nothing emotional about it.

See paragraph 34- 39 of the Judgement below.

http://eur-lex.europa.eu/LexUriServ/Lex ... 27:EN:HTML

It is not intended to be a wind up, merely a comment as to the standard of some poster's replies, to be honest. (THat is not intended to be a dig either) This is a legal matter, it's expected that one would provide some sort of legal discussion. One's lawyer would have to do it. So get off your high horse. If people are smart enough they will get the message and use it to their advantage.

Resist you? What is wrong?, you clearly don't like being challenged. You were asked a simple question. You claim to be helping other posters, some of the advice you give is not that great. The Frontier advise is ok, but far too risky in the manner you suggest that it could be carried out.

You and a few others have no qualms ignoring tricky inconvenient questions put to ye before, so it would not be the first time that people like your good self will ignore them. Don't reply if you are getting all wound up. You really need to grow up and learn how to handle news and information that does not suit you. Again, if one is smart enough, they can work around it.

You are quite certain something good will happen, but you did not specify. You are asked to specify, no more and no less.

Unless domestic all changes policy, adults will have difficulty in relying on EU law. This has been confirmed. Zambrano type application may not work. The EU does not recognise reverse discrimination / or acknowledges' that it can't do much about it. Do you know what the Government's policy will be? Know more than you are letting on? By all means share the knowledge.

"It seems like you just can't resist me. Never mind you will get a curdle when i come round Dublin one of these days. I can see you require some TLC. Play your cards right, and i might link you up with a nice African girl to keep your company, and show you real love."

Seriously, you again, show your real dumbness mixing facial comments in your argument. Are all black people dearly beloved self pitting people? Was Sacha Cohen's character Ali G, partially accurate - "What is it cos i is black?"

What has race to do with it? There are many black people who are EU citizens born and raised, many are of African dissent? What is your point, there like the white person are not special. What are you getting at? Why do black people seem to have this retarded idea that white person owes them something? Have people straight out of Africa got serious chips on their shoulder or something? What do you expect to achieve why raising the colour of one's skin anyway, or trying to assume people are "fearfull" of some wave of new people? People won't stand by and allow laws to be broken.

"i might link you up with a nice African girl",

legal and childless, I am sure .Are you some kind of pimp? Is that what people like you say to people willing to enter sham marriages? lol. No, sorry, thanks for the offer, I am engaged to be married by the end of the year. More to the point, what has your ability to pimp women, black women at that, got to do with this? Emotional response.

I never disputed with you the concept of frontier residence. Its very common in Mainland Europe. There is caselaw, so I do not know why you are getting all worked up for. (There is a comparable provision in Directive 2004/38 EC regarding Permanent Residence and permittable gaps in time/exceptions to the 5 year rule, that also allowed once a week travel to family home)

That case relates to comparrison of tax assessement. It said nothing about family reunification. The EU national had even bought his own home in the new country. There are rules as to residency for tax purposes. Don't you need to be at least a resident. Spending 1 -2 days a week, could one actually say that they are resident?


The question was, "are to be interpreted as precluding national legislation such as that at issue in the main proceedings, pursuant to which a Community national who is not resident in the Member State in which he receives all or almost all of his taxable income cannot, for the purposes of determining the basis of assessment of that income in that Member State, deduct negative income relating to a house owned by him and used as a dwelling in another Member State, whereas a resident of the first Member State is able to deduct such negative income for the purposes of determining the basis of assessment of taxation of his income. "

There is no dispute that the applicant in that case was exercsining his EU rights. In Monife's case, following your suggestion, they have to put things in place in order to actually be recognised as actually exercising their EU rights in Northern Ireland. Even people relying on Surindeer Shing don't a guaranteed full proof period of the time in which its best to stay in another country, is it 6 months, one year or even 10 days? Public service job? Some of those jobs don't fall within free moevement of "workers" either (avail of other treaty provisions) Lets assume it would not apply in the public service restriction is not in place in this case




That is why you are asked to clarify.

This is quite a disproportionate responce. Touched a nerve have i. It seems like your years at that failed department, thanks to Mr Shatters who is seeking to reform it, has had an adverse impact on you. It seems like you forgot your sense of humour in the drawer when you left, or the amount of immigrant and IBC application cases you had to deal with made you a very angry person.

Firstly there is a clear distinction between a black person and an african person. It will be right to say most african people are black, but not all african people are black. African by definition are people who are from the African continent. This could be a white South African, or an Asian south African or Ugandan. But with that narrow minded lovely mindset of yours, i am not surprised you took offence. I was never intending to stir up a facial debate, just seeking to be friendly.

I don't agree with you that African people have a chip on their shoulder. As far as i can see, it is you that has a chip on his shoulder, constantly talking about Nigerian people abusing asylum an IBC scheme, when people were simply abiding by the Law of the land. Advocating that the Nigerian woman, who married to the Irish guy and has children by him should be removed. Thanks to Zambrano, your wishes did not come true.

I don't support marriages of convenience, and there is no evidence or indication from any of my post that i contract it.

Linking people up has wider meaning than your narrow mind will lead you to believe. Pimps control prostitutes they sell them for financial gains. I never suggested that. I was simply seeking to lighten up your dull life.

I wish your future wife all the best. Perhaps she should have a look at some of your post , so she is aware what she is letting herself in to.

You should know that once a person is considered a community worker and found to have a right under Article 39 now Article 45 TFEU, she can invoke any provision that were implemented to ensure this rights is realised without any deterance.

Obie wrote:This is quite a disproportionate responce. Touched a nerve have i. It seems like your years at that failed department, thanks to Mr Shatters who is seeking to reform it, has had an adverse impact on you. It seems like you forgot your sense of humour in the drawer when you left, or the amount of immigrant and IBC application cases you had to deal with made you a very angry person.

Firstly there is a clear distinction between a black person and an african person. It will be right to say most african people are black, but not all african people are black. African by definition are people who are from the African continent. This could be a white South African, or an Asian south African or Ugandan. But with that narrow minded lovely mindset of yours, i am not surprised you took offence. I was never intending to stir up a facial debate, just seeking to be friendly.



I don't agree with you that African people have a chip on their shoulder. As far as i can see, it is you that has a chip on his shoulder, constantly talking about Nigerian people abusing asylum an IBC scheme, when people were simply abiding by the Law of the land. Advocating that the Nigerian woman, who married to the Irish guy and has children by him should be removed. Thanks to Zambrano, your wishes did not come true.

I don't support marriages of convenience, and there is no evidence or indication from any of my post that i contract it.

Linking people up has wider meaning than your narrow mind will lead you to believe. Pimps control prostitutes they sell them for financial gains. I never suggested that. I was simply seeking to lighten up your dull life.

I wish your future wife all the best. Perhaps she should have a look at some of your post , so she is aware what she is letting herself in to.

You should know that once a person is considered a community worker and found to have a right under Article 39 now Article 45 TFEU, she can invoke any provision that were implemented to ensure this rights is realised without any deterance.

Do you know what the word disproportionate means? You made a number of comments which I responded to in full,

"seems like you forgot your sense of humour in the drawer when you left, or the amount of immigrant and IBC application cases you had to deal with made you a very angry person."

There is nothing humourous of tossers making issues of the colour of their skin , especially if trying to proof a point, when its uncalled for./Unnessary. Don't enter a debate or discussion if one is going to resort to it, unless you are attacked on that basis. No one likes people who have rediculous delusions of self righteousness and demands everything when they are not entitled to same.

Lets not get all high horses,shall we,

"Firstly there is a clear distinction between a black person and an african person. It will be right to say most african people are black, but not all african people are black. African by definition are people who are from the African continent. This could be a white South African, or an Asian south African or Ugandan. But with that narrow minded lovely mindset of yours, i am not surprised you took offence. I was never intending to stir up a facial debate, just seeking to be friendly. "

Where did I lump blacks and Africans together and suggest Black people are the only people in Africa? (Others come from sunny climates like Carribaenan and USA) , my last post stated that there are many EU citizens who are black and that some are of the African Community. Why was there a need to make a comment about one's colour. Could you not have simply said girl? I note that you were being humourous, and looking from a funky sign about a bar in another post, it was clear that humour was imputted.

Considering that there is still a strong white Irish - British community in South Africa and South African Business, which I have to frequent quite a bit, wow, well done , only for your genuis, imagine I would never have known that. Before making statements suggesting bigatory how about thinking before you typing such statements.

"I don't support marriages of convenience, and there is no evidence or indication from any of my post that i contract it

Linking people up has wider meaning than your narrow mind will lead you to believe. Pimps control prostitutes they sell them for financial gains. I never suggested that. I was simply seeking to lighten up your dull life."

Ah no, not at all and I really was not suggesting it. Hence why I put a winking emocticon on. I was being a sacrastic smart arse there and did not intend to offend. As you have suggested in your earlier post, where has your sense of humour gone? The pimp bit was intended to be a back hand compliment actually , like your man in Starky and Hutch (though, now come to think of it, I think he was a full on pimp). A bit childish.

Link up? Nah I am a "hook up", "scope", "sting up" or "organise" man meself




"don't agree with you that African people have a chip on their shoulder. As far as i can see, it is you that has a chip on his shoulder, constantly talking about Nigerian people abusing asylum an IBC scheme, when people were simply abiding by the Law of the land. Advocating that the Nigerian woman, who married to the Irish guy and has children by him should be removed. Thanks to Zambrano, your wishes did not come true."

Ah no, for most part Africans are sound. But that was only a question for you to last respond, and the response of others over the history of this thread and the criticism of non eu people regarding immigration laws. Moore Street you get some interesting characters. The Ghanian are decent crowd, seem most relaxed. But some people, are just ridiculous.
But there are people on this site who are Africans and they do act like they have a chip on their shoulder when they don't like hearing something they do not like.

I was asked whether I thought the Old Immigration Bill was Fair. I say, in some parts, the parts that may happen to concern you, I said yes, I have explained why I think it is fair. I was told by one poster that I was "condeming Muslims". I asked what they meant by that, as expected, no response.

The IBC is one of the main reasons why its fair. The Irish actually (use to)pride them selves on being the land of a thousand welcomes, and people were and are still royally pissed off that that welcome was abused , in most cases. Can you deny that there was a bit of a baby boom/ I brought it up as I was actually asked whether I think the Immigration Bill was fair. The person who asked also said "and no lying".

The IBC issue is very relevant as many of the cases before the High Court and many cases (which posters have regularly pointed out) involving those who were deported mostly involved fathers of children who never came over during the IBC 05 scheme, but later. They now rely on Zambrano. I was criticised for taking the opposite view on Zambrano. I explained why I was critical of it; 1 - IBC & 2. Interference of the ECJ in internal matters

When I am asked something, I will answer.

So, it is incorrect to suggest that I raise that thorny issue unprovoked and its only a response to the hysterical horror raised by people about the cases of deported parents, some who clealy were not that bothered about their kids (ie people who came over much later leaving the mother alone in the State). It merely has been a line of defence raised by the State in every case since, from Lobe, Bode, Dimbo, the State submissions in Chen and the State's Submissions in Zambrano. And, it would have been used by the State if the pending cases where still going to be challenged - albeit in a far politier way.

You never answered the questions put forward. Do you think that it was correct for people who intentionally used the asylum system to make a "better life" and intentionally told lies about their countries. If you came to Ireland via work permit and tolerated alot of crap which these people did tolerate, how would you feel to learn that your neighbour, who happens to be from the same country as you, told the Irish authorities alot of lies about your country? I would love to see your reaction if the shoe was on your foot.


As for taking offence, hardly, I have long gave you on taking people like you seriously.

"I wish your future wife all the best. Perhaps she should have a look at some of your post , so she is aware what she is letting herself in to. "

thanks. Getting herself into what?mortage, children lol. People in Ireland want people not to abuse our system and enter Ireland correctly and leave when they are no longer entitled to stay. Hardly a new thing.Neither is it contraversial, well it is as people like R&R and self interest groups prevent such discussions (fair enough if it means that idiots like BNP and Immigration Platform won't get heard) but it was an issue that needs to be discussed. Ah, but you want to prattle on that its dearly beloved to have such views? Go knock yourself out sure.

Dull Life? I really wish it was, never get time to myself. Life of boring airports, taxis, trains are not nice. Oh well , hit 40 in a decade and a bit and boring golf course or a game of cards, oh yes.

If she saw the INIS and GNIB files of some, I think she would be far far worse. Somehow, there is little to suggest that she or many others would be objected to. Maybe the manner in which it can be expressed, but, eye for an eye and rudeness for rudeness is what I always say.,

Something would tell me she would think I am jolly odd for helping my non eu friends and acquintances if I was the type of person you insinuate.


I think we should get back on topic. You want to discuss this, PM, instead.

Please do take the bickering and debates to another thread or private message.

This exact thing is what got my thread locked and I had to request for it to be unlocked.

hello...

My Wife is a British Citizen living in the uk at the moment, But She wants to go to france for 3months to study french when she get back to the UK would she be qualified as an EEA national who has excercised treaty right?

she is exercising her rights when she leaves the uk. there are no restrictions for first 3 months.in reality she wont be bothered by authorities.but if she wants family reuification of non eu spouse after 3 months she needs to comply with article 7 of directive 2004 / 38 ec (student-comprehensive health insurance & recognised educational institute, or other groung, self sufficiency) technically caselaw provides that she can use eu law ie family reunification in uk on return.it would be wise for non eu spouse to go with her,register with french authorities (proof,making it hard for uk to say no) maybe stay in france a little longer for 3 months (not neccessary)have loads of proves of residence & exercising rights.then return to uk.uk have similar domestic policy like ireland.only way around this is to leave uk & invoke eu law by returning

walrusgumble wrote:she is exercising her rights when she leaves the uk. there are no restrictions for first 3 months.in reality she wont be bothered by authorities.but if she wants family reuification of non eu spouse after 3 months she needs to comply with article 7 of directive 2004 / 38 ec (student-comprehensive health insurance & recognised educational institute, or other groung, self sufficiency) technically caselaw provides that she can use eu law ie family reunification in uk on return.it would be wise for non eu spouse to go with her,register with french authorities (proof,making it hard for uk to say no) maybe stay in france a little longer for 3 months (not neccessary)have loads of proves of residence & exercising rights.then return to uk.uk have similar domestic policy like ireland.only way around this is to leave uk & invoke eu law by returning

Walrumgamble, your are missing something out, she has to have exercised her right as economically active person in france, not as a student, and for at least 6 months before returning with her non eu family members to UK, if not so, UKBA will refuse you residence card.May I ask, what about you application based on zambrano you made, whats updates.
Daddy.
Daddy.

daddy: i would fully agree that it would be better to do six months or more.but the shing case says nothing about how long you have to stay.you can be one day in mainland europe, you are exercising your rights. article 7 provides for students & self sufficency,not just being economic,its a confirmation of old liberal caselaw.but yes, it would be better to get a job for at least 6 months.i am not an immigrant.but expect to know more on zambrano by august.if you have stamp 1,2,3 go to gnib to register now

walrusgumble wrote:daddy: i would fully agree that it would be better to do six months or more.but the shing case says nothing about how long you have to stay.you can be one day in mainland europe, you are exercising your rights. article 7 provides for students & self sufficency,not just being economic,its a confirmation of old liberal caselaw.but yes, it would be better to get a job for at least 6 months.i am not an immigrant.but expect to know more on zambrano by august.if you have stamp 1,2,3 go to gnib to register now

walrusgumble, yes, this is what it should be.
But as daddy said, the UK don't recognise adult education as exercising
treaty rights for Surrinder Singh route reunification.

They impose the narrowest implementation.

thanks for all your contributions. ukba returned my application saying there was know provision to issue me with a document from the EEA2 department.(directive 2004/38). i spoke to an advocate who said FLR(0) form is the appropriate form to use together with a cover letter stating zambrano, and possibly zh (tanzania). and also to provide as much evidence as possibly to show you play a major role in the child life.