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...
Jaskamalman, I am afraid this is well outside my experience. I suggest you look at other threads, but really you are going to need advice from a lawyer,
Easy possibilities: Have you been in the UK long enough to get permanent residence? Drive to the Republic of Ireland. Present yourselves to an immigration officer and make a Zambrano application. Apply for a Chen visa to travel to Ireland (see M (Chen parents/ source of rights) Ivory Coast [2010] UK...
Received this gracious email from UKBA on Nov 2nd Your application for EEA family permit received on 25/06/2010 is currently under review, following the outcome of your appeal. Your passport is therefore required, so that entry clearance can be issued without delay, if your application is approved. ...
Probably best not to take a firm decision before checking out the climate, the warm beer, the hostility of the natives etc! After a few weeks a firm decision might be reached. We also have no information about how UKBA would treat a port application. At the Eurostr terminal in Paris they could claim...
At risk of stating the obvious, judging by a quick look at this site http://www.ukba.homeoffice.gov.uk/count ... %20English it appears that your daughter-in-law can travel to the UK without a visa. She can then apply for a Zambrano residence from within the UK.
I have reproduced the FOI response referred to by Directive, together with some quick lay-person's comments. From: Subject: Date: Issue number: European Operational Policy Team Implementation of Ruiz Zambrano judgment 16 September 2011 13/2011 Purpose of Notice 1. This instruction provides interim g...
Confusing developments on the Zambrano application. On Oct 11th, the Clerk to the first tier tribunal wrote to Home Office and the ECO reminding them that they had not filed documents under AIT (Procedure) Rules 2005 Rule 13 by the specified date, Oct 10th. This is code for saying there was no Entry...
Good news about the unmarried partner application! Have received a written decision from the Upper Tribunal. Our original appeal is confirmed as allowed. And the court has made a direction that a family permit under the EEA Regs be promptly issued. The way they reached this decision is : "We have in...
Dear Directive,
Thank you for this advice.
By another curious coincidence we got the reply to our SAR the same day as the the visa.
There is nothing in it that is negative. Poor reporting of the court hearings by the HOPOs is the main feature.
I will try to use the complaint procedure.
It is odd that there is still nothing clear published about implementing Zambrano on UKBA's website. From the blogosphere there is the suggestion that the jobsworths will try to prevent parents using Zambrano to obtain an entry clearance. This would be a re-run of M (Chen parents: source of rights) ...
Still no written judgment from the Upper Tribunal, and of course no Family Permit. But the good news is that UKBA have actually issued the visit visa that was originally rejected.(See post above for July 23rd). This does prove that sometimes the refusal of a visa really is overturned on review by an...
Another day in court today. No legal team helping me as I had decided to appear as a litigant in person. Two judges. Unbiased HOPO. Result: a ruling in favour of granting an EEA FP and a promise of a direction to give effect to the ruling. Unfortunately they did this by re-exercising discretion in o...
It was an FOI response sent to me in response to a FOI request asking what would happen if a Zambrano parent arrived with the British child at a border post and asked for a port entry clearance. Someone should try this at the Eurostar terminal in Paris or Brussels! Try looking at this thread: http:/...
The mother of my British son applied for an EEA FP on the basis of Zambrano. They rejected it. No mention of Zambrano in the rejection letter. She has appealed we are waiting for the Entry Clearance Manager review. Does anyone know if there is a time limit within which the review has to be conducted...
I got this follow up to an outstanding FOI request on Sep 13th:
The UKBA policy position on the Ruiz Zambrano case has not yet been
finalised however it is envisaged that this position will be finalised
before the end of September.
