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by Rolfus
Wed May 10, 2017 4:55 pm
Forum: Referendum-News and Developments
Topic: EU Freedom of Movement statistics
Replies: 11
Views: 3100

Re: EU Freedom of Movement statistics

https://www.insee.fr/fr/statistiques/1281393#inter4 This is study from which the EU immigrant population in France can be estimated at 2.5 million. If there are a total of 15 million EU migrants, 2.5 in France, 3 in the UK, 6.5 million in Germany, then the three countries account for 12 out of 15 m...
by Rolfus
Fri May 29, 2015 8:49 pm
Forum: EEA-route Applications
Topic: Unmarried UK/Non-EU couple: EEA2 vs FLR(M) vs ?
Replies: 88
Views: 28723

Re: Unmarried UK/Non-EU couple: EEA2 vs FLR(M) vs ?

There is a new UIT determination confirming that unmarried partners are covered in Surinder Singh cases. https://ukvisaandimmigrationforum.files.wordpress.com/2014/10/kamila-santos-campelo-cain.pdf It is unpublished, so of limited value. I suspect that the unpublished case referred to in the argumen...
by Rolfus
Wed May 13, 2015 11:21 pm
Forum: EEA-route Applications
Topic: Visa free travel for Residence Card holder Case refer to ECJ
Replies: 300
Views: 34927

Re: Visa free travel for Residence Card holder Case refer to

Let us not lose sight of the fact that "joining" can mean the EEA national arriving after the TCM. Perhaps several months after.
See http://www.bailii.org/uk/cases/UKUT/IAC ... geria.html paragraph 19.
by Rolfus
Mon Mar 16, 2015 10:09 pm
Forum: EEA-route Applications
Topic: Visa free travel for Residence Card holder Case refer to ECJ
Replies: 300
Views: 34927

Re: Visa free travel for Residence Card holder Case refer to

Sorry, Obie, which bit have I got wrong? My feeling is that the accompanying and joining provision is completely unworkable. If a RC card holder arrives at immigration and says that the EEA family member will be joining later, either the officer accepts that at face value, or the RC holder has to de...
by Rolfus
Mon Mar 16, 2015 9:46 pm
Forum: EEA-route Applications
Topic: Visa free travel for Residence Card holder Case refer to ECJ
Replies: 300
Views: 34927

Re: Visa free travel for Residence Card holder Case refer to

This implementation excludes family members of British nationals (including dual nationals and Surinder Singh cases). They will apparently still need an EEA FP. This arises from the definition of EEA National in paragraph 2. The fact that Mr McCarthy who won the eponymous case at the EUCJ is a dual ...
by Rolfus
Wed Jan 21, 2015 9:15 pm
Forum: EEA-route Applications
Topic: Blank pages in passport
Replies: 1
Views: 228

Blank pages in passport

Elsewhere in this forum I have recorded my battles with UKBA to obtain access to the UK for my third country national unmarried partner. In summary: I have a determination from the Immigration Tribunal upheld by the Upper Immigration Tribunal that my partner should be given an EEA FP as my partner i...
by Rolfus
Mon Jan 05, 2015 10:06 pm
Forum: EEA-route Applications
Topic: Visa free travel for Residence Card holder Case refer to ECJ
Replies: 300
Views: 34927

Re: Visa free travel for Residence Card holder Case refer to

This judgment is very welcome. I note two things: first , there is nothing in the judgment or the obiter about family members having to be accompanying or joining the EU citizen. That is in accordance with 2004/38 Art 5.1. It appears that a residence-card-holding family member can use that card to m...
by Rolfus
Wed May 21, 2014 8:24 am
Forum: EEA-route Applications
Topic: Visa free travel for Residence Card holder Case refer to ECJ
Replies: 300
Views: 34927

Re: Visa free travel for Residence Card holder Case refer to

This is a very interesting AG opinion. I see three areas that will doubtless continue to give rise to confusion. 1) Paragraph 96 restates that only Art 2.2 Family Members have rights of entry. This continues to leave the position of Art 3.2 Other Family Members uncertain. They have the right to faci...
by Rolfus
Mon May 12, 2014 7:10 pm
Forum: EEA-route Applications
Topic: Qualifying EEA state Residence Card
Replies: 38
Views: 1584

Re: Qualifying EEA state Residence Card

2004/38/EC Article 5 2. Family members who are not nationals of a Member State shall only be required to have an entry visa in accordance with Regulation (EC) No 539/2001 or, where appropriate, with national law. For the purposes of this Directive, possession of the valid residence card referred to...
by Rolfus
Mon May 12, 2014 3:28 pm
Forum: EEA-route Applications
Topic: Qualifying EEA state Residence Card
Replies: 38
Views: 1584

Re: Qualifying EEA state Residence Card

CO (EEA Regulations: family permit) Nigeria [2007] UKAIT 00070 ASYLUM AND IMMIGRATION TRIBUNAL THE IMMIGRATION ACTS Heard at: Belfast Date of Hearing: 12 June 2007 Before: Mr C M G Ockelton, Deputy President of the Asylum and Immigration Tribunal Senior Immigration Judge Deans 13. ...In any event, ...
by Rolfus
Fri May 09, 2014 8:08 am
Forum: EEA-route Applications
Topic: Qualifying EEA state Residence Card
Replies: 38
Views: 1584

Re: Qualifying EEA state Residence Card

My understanding is that they could. But they would only be able to stay for a maximum of six months. To stay longer they should apply for a Residence Card once in the UK.
by Rolfus
Fri May 09, 2014 8:03 am
Forum: EEA-route Applications
Topic: Unmarried UK/Non-EU couple: EEA2 vs FLR(M) vs ?
Replies: 88
Views: 28723

Re: Unmarried UK/Non-EU couple: EEA2 vs FLR(M) vs ?

Determination promulgated. Appeal allowed with costs. I wonder how long it will take for the HO to comply with the Direction to send the money? Judge says "I was unable to understand the ECOs logic in refusing this application when there was an extant EEA FP". Nothing further on whether a visit visa...
by Rolfus
Sat Apr 05, 2014 8:53 am
Forum: EEA-route Applications
Topic: Visa free travel for Residence Card holder Case refer to ECJ
Replies: 300
Views: 34927

Re: Visa free travel for Residence Card holder Case refer to

Cyprus doesn't require the holder of a residence card to be accompanied, and recognises all residence cards, whether as EEA family member or not. But they exclude British and Irish residence cards, presumably because the opt-out is reciprocal. See http://www.mfa.gov.cy/mfa/mfa2006.nsf/0/BCD9E71A8FBB...
by Rolfus
Fri Apr 04, 2014 9:32 pm
Forum: EEA-route Applications
Topic: Visa free travel for Residence Card holder Case refer to ECJ
Replies: 300
Views: 34927

Re: Visa free travel for Residence Card holder Case refer to

Look at this http://www.inis.gov.ie/en/INIS/Pages/I%20am%20the%20holder%20of%20a%20residence%20card%20of%20a%20family%20member%20of%20a%20Union%20citizen%20Do%20I%20need%20a%20visa We checked very carefully before my partner went to Eire unaccompanied. She had no problem. The important thing is that...
by Rolfus
Thu Apr 03, 2014 10:34 pm
Forum: EEA-route Applications
Topic: Unmarried UK/Non-EU couple: EEA2 vs FLR(M) vs ?
Replies: 88
Views: 28723

Re: Unmarried UK/Non-EU couple: EEA2 vs FLR(M) vs ?

Hearing was today. It turns out that the ECM has been trying to withdraw the decision and grant a visa, but hasn't formally notified anyone, so the hearing went ahead. Reserved judgment. The Judge said that he thought that a general visitor visa could not be used to attend job interviews, but that h...
by Rolfus
Thu Apr 03, 2014 10:28 pm
Forum: EEA-route Applications
Topic: Visa free travel for Residence Card holder Case refer to ECJ
Replies: 300
Views: 34927

Re: Visa free travel for Residence Card holder Case refer to

The way the new rules for TCNs from Germany and Estonia have been implemented, the TCNs must be travelling with or joining their EEA family member. This echoes the Communication from the Commission of 2nd July 2009, but contradicts the Commission's Report of 10th Dec 2008 and their simplified "Guide...
by Rolfus
Mon Mar 24, 2014 7:58 pm
Forum: EEA-route Applications
Topic: Family Permit refused to primary carer of EEA national child
Replies: 10
Views: 1597

Re: Family Permit refused to primary carer of EEA national c

I appealed successfully and got an EEA FP for the mother of a British son. See this thread:
Unmarried UK/Non-EU couple: EEA2 vs FLR(M) vs ?
by Rolfus
Mon Mar 24, 2014 7:53 pm
Forum: EEA-route Applications
Topic: Unmarried UK/Non-EU couple: EEA2 vs FLR(M) vs ?
Replies: 88
Views: 28723

Re: Unmarried UK/Non-EU couple: EEA2 vs FLR(M) vs ?

Hearing for the family visit visa appeal is set for April 4th. There has been absolutely no response from the ECO to the Orders of the Tribunal to submit documents.
by Rolfus
Mon Dec 16, 2013 10:49 pm
Forum: EEA-route Applications
Topic: Unmarried UK/Non-EU couple: EEA2 vs FLR(M) vs ?
Replies: 88
Views: 28723

The First Tier Tribunal directed the Respondent, the Visa Officer, to file the notice of decision, reasons, etc , with a copy to the Appellant, by November 14th. Nothing received from either the visa officer directly or the Tribunal. Does anyone have any advice on what should happen now? Can I make ...
by Rolfus
Sun Jul 21, 2013 10:39 am
Forum: EEA-route Applications
Topic: Unmarried UK/Non-EU couple: EEA2 vs FLR(M) vs ?
Replies: 88
Views: 28723

Dear Directive, I haven't made a new application, I am referring to the information I received in Oct 2011 that we discussed on this thread then. There is nothing to explain this behaviour. Looking back reminds me of how much effort we have made to have a visit visa covering 2013. My partner applied...
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