The scorecard so far is Appelant 3: Home office nil. Application for EEA FP as unmarried partner of a British Citizen with Surinder Singh rights: Appeal allowed, upheld at Upper Tribunal. Application for two year visit visa: refused by ECO on grounds that applicant might work. Appealed and ECM grant...
Appeal against refusal of EEA FP for the mother of a British child allowed by first tier tribunal on basis of direct effect illuminated by Zambrano. Regret I cannot give more details.
Appeal allowed by direct application of treaty rights as per Zambrano. (Mother as extended family member not accepted.) Regret that for legal reasons I cannot give more details.
Look at this page http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/applying/ Basically it is your family members who must apply for an EEA FP for themselves in the country where they reside. The application is based on your status, but it is they who apply. There is quite a strong argu...
If you want your family to move in June/July, you could apply for EEA Family Permits for them now. That will take perhaps a month, and the permits are valid for six months so you will be comfortably covered.And it would leave some margin if there is any problem with the permits.
Dereci is going to be challenged because it contains two logical inconsistencies (at least). The first is that Zambrano talks about denial of rights (plural) conferred by EU Citizenship.The right to reside in the EU as a whole is not the only such right, Freedom of Movement is another. Secondly, nat...
How about getting lots of witness statements from both of your families, and your friends. Can you show you took her to meet your family in Malaysia? If you have been an item for over two years there must be many people who can testify to the fact.
I checked with the Tribunal service today, and there is still no determination in our Zambrano appeal. That is about four working weeks. I am not surprised, as the legal issues are very complex, as we have discussed on this thread.
If your son does lose his job, he will lose his reason for not living with his wife and son in the USA. (Does he have a US visa?). It is difficult to argue that splitting a family would hamper EEA free movement rights if the facts show they chose not to live together voluntarily. One idea might be f...
There probably won't be any problem because you are resident in more than one country. But you would need to think clearly about the basis on which you have residence rights in each. I could envisage circumstances in which you could inadvertently lose residence rights in one country by being abroad ...
There are two general points to remember. First, it is always easier to fit in with the administrative arrangements that exist than it is to prove you have EEA rights. Secondly, countries' legal systems haven't caught up with the fact that it is very usual in the low-cost flight age for people to li...
I think you should be careful about this. SS rights exist only to remove impediments from free movement. The longer between when you move and when your family moves the harder it is to show that they need to move or your movement will be impeded. But it doesn't have to be the same day! Recent judici...
jaskamalman, If you decide to apply for a Residence Card as the extended family member of a minor child, you need to expect the application to be rejected initially, and for the serious decision-making to be at the appeal. Unless you are very confident about representing yourself at the appeal heari...
Dear alisiddiq,
I think that the GMC is drawing to your attention that being an exempt person does not necessarily exempt you from the PLAB. You need either to have a primary qualification from an EEA university, or your overseas qualification must already have been accepted by another EEA state.
I had another day in court, first-tier tribunal, arguing for a family permit on the basis of Chen and Zambrano, but also on the basis of the mother as an extended family member. The judge was not unsympathetic, but his written ruling will be the test! Probably early in January.
I submitted my argument as outlined in my post of Dec 6th 10.18 am, and the judge didn't bat an eyelid. I didn't volunteer the difficulty raised by Obie. Written judgment probably won't reach me until January.
A very good point Obie. Might I suggest the following argument: In KG & AK, LJ Buxton at paragraph 77 is arguing that the EU citizen must be the head of the household somewhat faintly. "It seems very likely that the assumption is that the household will indeed be that of the Union citizen, that is, ...
I have been underestimating the importance of Moneke(EEA-OFMs) Nigeria [2011]UKUT 00341(IAC). Mr Justice Blake says: 40 We therefore conclude that for the time being, subject to future clarification by the higher courts, IJs should adopt the following approach: i. A person claiming to be an OFM may ...
I am thinking about implications of Dereci C-256/11, which clarifies some questions from Zambrano. In paragraph 66 the Judges say 66. It follows that the criterion relating to the denial of the genuine enjoyment of the substance of the rights conferred by virtue of European Union status refers to si...
