HO are now refusing all applications if there is previous immigration history or where the applicant could have applied under UK immigration rules regardless of how long they resided in anoher member state. My wife received a refusal 3 months ago on the basis of circumvention because of a refusal u...
Reading the Op's post it seems he was refused for centre of life/integration.
When challenging this ground of refusal one needs to show the Tribunal how it is unlawful. I'm sure the Op will succeed in the Upper Tribunal if this is the reason for refusal.
Hi, I am a British Citizen by birth. I am starting a new job in DUBLIN from May 2018. I have 2 girls who will be going to school there and settle. I have to bring my parents (non EU) so that they can join me in DUBLIN as a resident. My question is in case I dont like DUBLIN I want to come back the ...
The Home Office have now confirmed in an FOI request that SS families will be eligible to apply for Settled Status despite the EU Agreement reached on Citizens rights doesn't cover them. It appears only those family members who have returned by 29 March 2019 will qualify. Dear Sir/Madam, Thank you f...
Article 9 talks of family members who are resident under the terms of the Directive in their host state. But the SS, Zambrano and Lounes routes are explicitly not under the Directive, but derivative rights from the Treaties. Therefore, it is possible to argue that they may not be included in the Wi...
Britcits has confirmed that SS rights will be protected by the withdrawal agreement and family members will be able to apply for settled status after five years of residence.
HO are currently taking more than 21 days to issue COA. We are currently waiting for an Appeal hearing and a month before my wife's COA ran out I requested a new one. As soon as the 21 days were up I sent them a reminder and they issued it within four days. It took us a month to receive a new one.
Before Christmas, I wrote to the Brexit negotiating team at the EU Commision to confirm the status of SS and Zambrano rights after Brexit. I have received a response from them today confirming these rights will fall under dometic law after Brexit (see final paragraph). This could also have potentia...
Interestingly on 25 January 2018, the EU Rights Clinic with 60 signatories have called on the EU Commission to protect Derived Rights of Residence such as Surinder Singh and Zambrano in the next phase of negotiations. They raise an interesting point that EU citizens living in the UK after Brexit wil...
Excellent post but you have missed out info on the Scottish referendum. On a side note this week some British Citizens living in the Netherlands have launched a legal challenge in the Dutch high court on whether British Citizens can keep their EU Citizen rights after Brexit. Their argument is that t...
I think what they are essentially trying to say is that SS family members will be allowed to continue to acquire 5 years of residence and then apply for ILR paying the inflated fee. It is understandable that they want to make setlled status exclusive to nationals of the EU 27 because it will give th...
Before Christmas, I wrote to the Brexit negotiating team at the EU Commision to confirm the status of SS and Zambrano rights after Brexit. I have received a response from them today confirming these rights will fall under dometic law after Brexit (see final paragraph). This could also have potential...
My take on this is that the withdrawal treaty on Article appear to deal with British Citizens in another member state. If the intention was to cover both, this would have been expressly stated. Whilst the agreement reached only covers EU nationals in the UK and UK nationals in the EU the wording of...
How will this affect partners of British citizens in the Surinder Singh route? I am due to apply for permanent residence in August 2018, will I still be able to do so? This is very confusing... My Chinese wife will have completed her 5 years in UK in October 2018, ie, 5 years from our (her) entry i...
The implications of the Withdrawal agreement on the future of the SS Route and Zambrano carers are unclear. The joint tehnical note seems to suggest the Surinder Singh and Lounes case will be covered by the withdrawal agreement but there remains a question mark over Zambrano carers. EU Citizens and...
The implications of the Withdrawal agreement on the future of the SS Route and Zambrano carers are unclear. The joint tehnical note seems to suggest the Surinder Singh and Lounes case will be covered by the withdrawal agreement but there remains a question mark over Zambrano carers. EU Citizens and...
May isn't the type of person who will give up power easily. Either she is forced out by her party or the DUP will end up pulling the rug beneath her feet. The latter is still a possibility if the government conceeds to keeping Northern Ireland in the Single Market and Customs Union.
Hi rydhwan, When is your appeal? Are you going to appeal within 2016 regulations or outside regulations challenging that the regulations are unlawful under EU law? Hi, I am going to appeal under 2016 regulations. We adhere to most points in 2016 other than the circumventing immigration which HO is ...
I don't know if people have succeeded in their Appeals as the Regulations only changed last November so we are probably the test cases. I know of a few others who have been living in Ireland for over two years and still got a refusal for obsurd reasons. They are also appealing which is taking anythi...
The current guidance just as much implements Akrich even though there is no mention of the judgment. if one of the reasons for moving to another Member State was to avoid the requirements of the Immigration Rules but the residence in that Member State was in any case genuine (see stage 3), then the ...
I would be cautious with what an mmigration solicitor says as not many understand EU law or can't be bothered with it and will advise you to make an application under UK rules instead. On a side note I was just looking at the new Home Office guidance and by the language used, it appears they will tr...
