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...
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...
