A pending appeal is supposed to be treated as though you have a pending application. On the EEA route, residence cards do not grant any rights but confirms them only.
Well the Centre of life is not part of the Directive. O and B is clear that the residence in the host member state has to be assesed in line with criteria set out in Article 7(1) and (2) of the Directive.
That case was decided by the EFTA Court who's judgments are not binding on the UK as we are a full member of the EU. It is like any other court which has to take account of CJEU case law.
Back on topic. How does one rely on Article 45 when O and B Netherlands more or less rewrites Singh and earlier case law? In paragraph 54 of O and B the CJEU courts underlying objective was not to deter the EU nationals movement. The UK regulations as they are currently have the effect of detering a...
I believe Surinder Singh would be covered under Article 21(1) TFEU. When a British Citizen exercises his or her Treaty rights and returns to the Member State of his origin, Article 21(1) TFEU confers on their non-EEA national family members a derived right of residence. EU citizens resident in accor...
My wifes application was also refused and we are currently going through the appeal process. HO refused on circumventing UK Immigration rules, centre of life and for not being a qualified person on return although I have met the latter two requirements. HO just saw a previously refused application ...
hahaha, seriously, some of you guys are cooked. SecretSimon, you need to go study law, it seems to be in your blood, and Wanderer, wonder no more, you Sir are an English teacher! Thanks (I think). :-) Oddly enough my degree is in Law! We did boring stuff though, contract, tort, patent, all business...
My wifes application was also refused and we are currently going through the appeal process. HO refused on circumventing UK Immigration rules, centre of life and for not being a qualified person on return although I have met the latter two requirements. HO just saw a previously refused application u...
As you have appealed the decision, you are entitiled to request HO for a Certificate of application. It will allow the non-eea family member to continue in employment in the UK whilst the appeal is concluded. You may be able to use it to re-enter the UK but you will be at the mercy of the Immigratio...
Well, they're not in accord with the currently established law, based on Eind, which is still listed in the Home Office guide on relevant case law! (On the other hand, the Home Office does appear to be attempting remove the concept of law from case-working decisions.) The kindest interpretation I h...
Well, I'm getting no help from guru's on this forum and I suspect I know why....because you all know that the changes made by the UK in Dec 2016 (LOL a couple of weeks before our 5 years was complete, ain't that a laugh), are in fact legal . Applied retrospectively too....also no advice from anyone...
Risk of being asked to leave- if you already have permanent resident status, etc. and obtain the required documentation, maintain residence- approximately the same as the risk of Australia or Canada forcing all permanent residents to leave. In other words- around 0%. JAJ, I'm afraid you don't seem ...
Did your representative not alert the judge to the fact that in O&B Netherlands the courts says that genuine residence must be asessed in line with the criteria set out in Article 7 of the Citizens Directive?
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 un...
My undertanding is that Eind covers the situation of a worker and doesn't apply to other forms of exercise of Treaty rights. Article 21 seems to be widely interpretated by the ECJ to cover situations that aren't covered by the Citizens Directive. The lounes case bares similarities to a Surinder Sing...
If the advocate general opinion in the Lounes case is anything to go by it appears Article 21 of TFEU is the protector of free movement rights and family life and seeks to eliminate obstacles. If that is a correct interpretation then I'm sure that requring a British Citizen to engage in qualifying a...
The majority of the British people applying for alternative passports are seeking to travel visa free to continental Europe for holdiay purposes rather than actually going to live there. Many people I have spoken to are worried about this. I believe there will be some deal done with the EU to allow...
http://www.msn.com/en-gb/news/uknews/brexit-record-number-of-britons-worldwide-have-applied-for-irish-passports-to-safeguard-their-positions/ar-AApoLrC?li=BBoPWjQ&ocid=mailsignout The majority of the British people applying for alternative passports are seeking to travel visa free to continental Eu...
Hey guys, wanted to touch base again! We are waiting for our court hearing date for nearly a year now! Anyone else in the same situation? Is there anything we can do to speed this process up? Could you please share your experience? Really worried now that the brexit talks started... Do you live in ...
I've read everything but I'm still a little baffled...! My husband and I arrived in the UK (I'm British and he is non-EU) after working and living in Ireland so we went through the SS route. He recieved his residence card ('Family Member/EU resident) this year. Valid for 5 years. But obviously we w...
For PR applications I think you just need to show that the BC and family member have been resident in the UK for 5 years. Continuous residence in the UK for 5years You must make sure the applicant, their British citizen sponsor and any family members included in the application have been resident in...
