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...

Which Immigration decison did you appeal?

Try contacting your mp - he or she should be able to help.

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...

So does this mean existing ECJ case law will no longer have effect in UK courts to enforce existing rights under EU law after Brexit?

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...

It appears the DUP and Theresa May share the same extreme views on controlling immigration so don't expect things to get easier for migrants.

https://www.freemovement.org.uk/%ef%bb% ... migration/

May is a cruel and callous woman who puts her self interests first and that showed throughout her election campaign. She deserved to lose the mandate to govern.

The positive thing to come out of all this is a soft Brexit.

secret.simon wrote:

mkhan2525 wrote:The results of this election will be definately be interesting on 9th June.

Undeniably. I'm going to be up all night.

So you will be hoping to see Mrs May elected?

British Prime Minister Theresa May, who is expected to be re-elected in a vote she has called for June 8, has called on the EU to issue a sweeping, reciprocal guarantee of expatriate citizens' continuing rights after Brexit. But EU leaders insist these must be negotiated in detail for them to have ...

They are going to appeal further to the Supreme Court and have applied for permission to do so to the COA. I personally do not see this case succeeding at the Supreme Court given the courts dim views on family life and reluctance to strike down Immigration rules as we have seen in the cases of MM an...