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Please does anyone know if there have been any changes made to the HO law after the final judgement on the 14th November 2017 when Lounes case has become successful?
Or it still the same thing when your non EU family member can not apply on your grounds to be EU member while having British citizenship at the same time.
When can we expect these changes to be made?

Navaro2 wrote: ↑

Fri Dec 22, 2017 6:21 pm

Please does anyone know if there have been any changes made to the HO law after the final judgement on the 14th November 2017 when Lounes case has become successful?
Or it still the same thing when your non EU family member can not apply on your grounds to be EU member while having British citizenship at the same time.
When can we expect these changes to be made?

My guess it will be shoved so far back in the queue Brexit will have happened so it would be irrelevant

Your guess is wrong unfortunately, as UK is still in the EU, and any EU law has direct effect as far as the 1972 European Communities Act is concern.

Even after Brexit, EU law will continue to apply.

Obie wrote: ↑

Sat Dec 23, 2017 3:56 pm

any EU law has direct effect as far as the 1972 European Communities Act is concern.

Do ECJ/CJEU judgments have direct effect? They obviously have impact in the UK once they are incorporated into UK law either by an amendment to the EEA Regulations or by a judgment of the UK courts (UK based case law). But otherwise, I was under the impression that only Directives, Decisions (a form of EU legislation, not court judgments) and Treaty articles have direct effect and that only if certain conditions are met.

Of course, UK courts are obliged to follow ECJ case law till Brexit and "give due regard" to it for eight years following Brexit. So Lounes will eventually be incorporated into UK law.

Hello Simon.

Also see section 2(1) .

The competence of the CJEU emanate directly from the treaty.

Section 267 of the Treaty provides for the Preliminary procedure.

The CJEU is the final abiter of EU law.

By virtue of Section 2(1) the treaty provisions like the directive ( in certain circumstance), Regulation, decision, all have direct effect without enacting.

It will be an odd state of affair if the decision of the body with the final power to interpret EU law, which has given a final interpretation of that EU law provision, does not have immediate and direct effect.

If follows that decision of the CJEU has immediate and direct effect in all the memberstate, and courts and tribunal are legally bound to ignore a provision of national law which is at variance with them.

My husband was born in the UK, his farher is british, mum is dutch.
I’m non-EEA, married to him in 2012.
I got eea family permit in 2013 and eea residence card in 2014.
We are trying to applying EEA PR now.
Is it our case same as Louse case?
Can I get EEA PR?

E Li wrote: ↑

Sat Oct 20, 2018 12:15 pm

My husband was born in the UK, his farher is british, mum is dutch.
I’m non-EEA, married to him in 2012.
I got eea family permit in 2013 and eea residence card in 2014.
We are trying to applying EEA PR now.
Is it our case same as Louse case?
Can I get EEA PR?

I think only the courts can decide whether the Lounes decision applies to your case. It may be of some benefit to you that the the definition of 'EU citizen' in the EU settlement scheme does not exclude dual nationals!

Has he exercised EU free movement rights?

I don’t think it is problem for us.
We applied EEA PR about 1 month ago.
Clearly wrote my husband is british citizen.

I got my BRP which wrote permanent residence for 10 years.
I’m still waiting for all our documents back and the decision letter.

Most of people got decision letter and documents before BRP card.
I got BRP card first, how can I check where the documents are?