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...
If you resided in another Member State with your non-EEA national family member for at least 3 months, you may succeed on an Appeal to UTT on the basis of this recent case.
I believe the Upper Tribunal still holds Eind to be good law. In an unreported case which was heard after the ammendment to Regulation 9, the Tribunal recognised there was no need for the BC sponsor to demonstrate they were a qualified person on return to the UK. https://tribunalsdecisions.service.g...
Isn't it right to say that Rudd was used as a pawn to enact TM's inhumane immigration policies.
Now that we have a new Home Secretary, I don't see any major change with the treatment of immigrants when the master mind behind the policies continues to reside at no.10.
Have you read the Home Office Guidance? Free Movement Rights: family members of British Citizens You will need provide evidence that your BC sponsor was exercising treaty rights in the UK since 25th November 2016 when this requirement came into force. You can prove this through work, self-employment...
Whilst an unmarried partner may succeed under the Singh Judgment it is a big fat no for other family members. I am not sure how or where you deduced the Big Fat no from. The totally goes against the whole logic of the Opinion. The AJ states that the UK position that Surinder Singh applies to Family...
The advocate opinion is esentially saying that extended family members should be treated more favourably than those entering a Member State under its domestic Immigrations rules but by no means should residency rights be guaranteed. Whilst an unmarried partner may succeed under the Singh Judgment it...
Does anyone in this situation have children? My wife lost her appeal because our residence wasnt genuine because i didnt play sports, returned to the same house i lived before and because the job i did wasnt to my skill level. Wonder if it will affect us when we make a human rights application. We ...
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...
