SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW

[Imran_Mushtaq]

Hi guys
Hope you are good.
I am EFM of two EU nationals. I had hearing on last friday. In courtroom we cleared all objections raised by home office. My brother and sister answered of all questions very rightly.
Our solicitor and barrister was with us. Proceeded judged told us that objections of home office have been cleared now only he just want to know that case is under law and then he will write us within 2 - 3 weeks about his decision.
What is this? Do we consider yes from court side?
Thank you

[loveleakside]

Hello Imran
Please what kind of questions should we be expecting? I have my Ftt hearing next year may after my case was remitted by upper tribunal around April this year. My case was refused only because the home office official was not satisfied on the living together as a family member in the UK alone after accepting all other grounds prior before coming . So what sort of question should i and my uncle be expecting please

[Imran_Mushtaq]

Hello Imran
Please what kind of questions should we be expecting? I have my Ftt hearing next year may after my case was remitted by upper tribunal around April this year. My case was refused only because the home office official was not satisfied on the living together as a family member in the UK alone after accepting all other grounds prior before coming . So what sort of question should i and my uncle be expecting please

Its depends upon your objections raised by the home office.
Mine was majorly two; one was related to my and my sister's birthday certificates and other one was financially dependency.
We responded on both in court and the representative of home office said that he is satisfied now.

[Imran_Mushtaq]

Hello Imran
Please what kind of questions should we be expecting? I have my Ftt hearing next year may after my case was remitted by upper tribunal around April this year. My case was refused only because the home office official was not satisfied on the living together as a family member in the UK alone after accepting all other grounds prior before coming . So what sort of question should i and my uncle be expecting please

Its depends upon your objections raised by the home office.
Mine was majorly two; one was related to my and my sister's birthday certificates and other one was financially dependency.
We responded on both in court and the representative of home office said that he is satisfied now.

[Shahbazraja786]

Hello Imran
Please what kind of questions should we be expecting? I have my Ftt hearing next year may after my case was remitted by upper tribunal around April this year. My case was refused only because the home office official was not satisfied on the living together as a family member in the UK alone after accepting all other grounds prior before coming . So what sort of question should i and my uncle be expecting please

Its depends upon your objections raised by the home office.
Mine was majorly two; one was related to my and my sister's birthday certificates and other one was financially dependency.
We responded on both in court and the representative of home office said that he is satisfied now.

Your sister was already in .uk when u came or u came 1st ?

[loveleakside]

Thanks. Mine was refused only on dependency in the UK on my eea national.

[Imran_Mushtaq]

Hello Imran
Please what kind of questions should we be expecting? I have my Ftt hearing next year may after my case was remitted by upper tribunal around April this year. My case was refused only because the home office official was not satisfied on the living together as a family member in the UK alone after accepting all other grounds prior before coming . So what sort of question should i and my uncle be expecting please

Its depends upon your objections raised by the home office.
Mine was majorly two; one was related to my and my sister's birthday certificates and other one was financially dependency.
We responded on both in court and the representative of home office said that he is satisfied now.

Your sister was already in .uk when u came or u came 1st ?

She is in UK and i am not there. Still in Pakistan and wants an entry visa.

[Raja2018]

Hi, I have received the decision letter fom FTT after 6 weeks and got was refused, any suggestions that should I reapply or ask for permission to appeal in UT.

[Imran_Mushtaq]

Hi, I have received the decision letter fom FTT after 6 weeks and got was refused, any suggestions that should I reapply or ask for permission to appeal in UT.

What is the reason to declined your appeal?

[Shahbazraja786]

Hi all

This decision is me and my other half - https://www.bailii.org/ew/cases/EWCA/Civ/2018/2378.html

We were told in Court - basically threatened - that they may use other means to deny people after Bangor. The Lords and Lady are clear re that.

The Home Office were absolutely CRUSHED in the RCJ

This is a good decision. THe Home Office was seeking to rely on a discrete point. That because you partner does not have a residence card issued by the polish authorities, therefore she does not qualify. Unfortunately the court reject that argument.

Very pleased for you. Well done.

Hi please can u guide me.my hearing date is in February for extanded family member.my uncle is above 65 can he apply for pension and if he apply for pension it will affect my cause on not ? And if he apply for pension he still can work after pension or he will not allowed for work after pension ?
Thanks

[Shahbazraja786]

Hi guys
Hope you are good.
I am EFM of two EU nationals. I had hearing on last friday. In courtroom we cleared all objections raised by home office. My brother and sister answered of all questions very rightly.
Our solicitor and barrister was with us. Proceeded judged told us that objections of home office have been cleared now only he just want to know that case is under law and then he will write us within 2 - 3 weeks about his decision.
What is this? Do we consider yes from court side?
Thank you

Aslam o alaikum brother
Have u received any news from court or not yet ?

[Imran_Mushtaq]

Hi guys
Hope you are good.
I am EFM of two EU nationals. I had hearing on last friday. In courtroom we cleared all objections raised by home office. My brother and sister answered of all questions very rightly.
Our solicitor and barrister was with us. Proceeded judged told us that objections of home office have been cleared now only he just want to know that case is under law and then he will write us within 2 - 3 weeks about his decision.
What is this? Do we consider yes from court side?
Thank you

Aslam o alaikum brother
Have u received any news from court or not yet ?

Not yet

[Shahbazraja786]

Hi guys
Hope you are good.
I am EFM of two EU nationals. I had hearing on last friday. In courtroom we cleared all objections raised by home office. My brother and sister answered of all questions very rightly.
Our solicitor and barrister was with us. Proceeded judged told us that objections of home office have been cleared now only he just want to know that case is under law and then he will write us within 2 - 3 weeks about his decision.
What is this? Do we consider yes from court side?
Thank you

Aslam o alaikum brother
Have u received any news from court or not yet ?

Not yet

Any update about your hearing ?

[Obie]

Home Office has decided it will reinstate appeal rights for extended family members.

https://www.freemovement.org.uk/governm ... y-members/

[eubritish]

Home Office has decided it will reinstate appeal rights for extended family members.

https://www.freemovement.org.uk/governm ... y-members/

Thats great news Obie, thanks for sharing.

How does one go about actually lodging an appeal though at this point? because its only 'the secretary has confirmed he intends to introduce' which means nothing will change on the ground yet. In the appeal one obviously cannot refer to the intention of secretary of state as a legal basis.

Or am I missing something?

[Shahbazraja786]

Home Office has decided it will reinstate appeal rights for extended family members.

https://www.freemovement.org.uk/governm ... y-members/

It's mean they will allow apeals to causes that already had rejected under they regulation 2016 ?

[vinny]

Almost certainly.

Incorporating unlawful provisions in the 2016 EEA Regulations does not make them lawful.

[Obie]

One can only hope it is all done before the ensuing chaos and the Brexit crash that the UK may face soon, if something is not done.

I believe that if or when these changes are made, those who were wrongly refused under the 2016 regulation will be able to lodge a claim at the tribunal on the basis that they were wrongly refused, or they will be entitled to request their refusal under the regulations.

[Shahbazraja786]

Hi I have a question.my uncle in a german national and living in uk.he is sending money to his sister(my mum) to pakistan from last 3 years.can she apply from pakistan as a extended family member.if yes then what docoments she needs from pakistan ?

[Raja2018]

Hi I applied for Extended EU family member 4 years ago have been living with my sponsor brother since and provided alot of proofs but got rejected.

Yesterday UT also dismissed my permission to appeal and their is no more right of appeal.

My question is if I put a fresh case do I got a chance secondly if I got refused will I get right of appeal.
Thank you so much for the help.

[Shahbazraja786]

Why they refused your cause ?

[Obie]

Hi all

This decision is me and my other half - https://www.bailii.org/ew/cases/EWCA/Civ/2018/2378.html

We were told in Court - basically threatened - that they may use other means to deny people after Bangor. The Lords and Lady are clear re that.

The Home Office were absolutely CRUSHED in the RCJ

Hi Scott, i am mindful of the fact that you have not been active on the forum lately. It will be nice to get an update on your madam's case. Was she issued a residence card, or you are still awaiting the implementation of the decision? did they decide to appeal to the Supreme Court or they finally backed down?

The Court of appeal gave guidance in your case, it states that the Home Office cannot demand lawful residence in another memberstate for extended family members of British citizen, but under the new regulation 9(1A), i saw the lawful residence, which is clearly against the court's decision in Metock.
Please update us on whether your decision was appealed or not.

[loveleakside]

Update ...
I had my eea efm appeal hearing today at Hatton Cross. Dependent prior before coming to the Uk was accepted during the time of application but dependent in the Uk is the major issue that the home office never accepted.
I was asked series of question and the same type was posed to my sponsor. 90% were accurate so the home office lawyer questioned my credibility because i came on a visit visa but claimed my intention was to stay here with my uncle. She said i decieved them during my applicatoon which the judge supported her but my lawyer claim that the travel history is irrelevant under eea laws. So the judge said he needs more time to make his decision since we both perform great during the question period except the credibility issue. Please i will like to know if the credibility question will not affect the decision.

[Razasif1]

Hi, Obie i learn a lot on this forum, great help,
Thank you all.
Here my question is that my nefew got EU EFM registration certificate recently, he would like to bring his spouse with him from his nin eu country.
Coluld you able to let me know what documents required for that.
Also as he is living with us under same roof, if he wants to live seperate now, is there any harm for this visa.and should i continue support him financially as i put little money in his account. Lastly if i am receiving some housing, child benifits etc, is there any conection between me and him regarding benifits i mean any harm?

Although he got work and business activities allowed so if he is working by his own any effect on my benifit? Or he can apply housing or any benifits when he start living with spouse, bit confusing are he both remain dependant on me, how we do the defination of depandent... financial dependant or member of house hold ,was financial dependent now he can earn money himself so just i am supporting morally as a uncle.
Please reply back.

[Razasif1]

Hi, Obie i learn a lot on this forum, great help,
Thank you all.
Here my question is that my nefew got EU EFM registration certificate recently, he would like to bring his spouse with him from his nin eu country.
Coluld you able to let me know what documents required for that.
Also as he is living with us under same roof, if he wants to live seperate now, is there any harm for this visa.and should i continue support him financially as i put little money in his account. Lastly if i am receiving some housing, child benifits etc, is there any conection between me and him regarding benifits i mean any harm?

Although he got work and business activities allowed so if he is working by his own any effect on my benifit? Or he can apply housing or any benifits when he start living with spouse, bit confusing are he both remain dependant on me, how we do the defination of depandent... financial dependant or member of house hold ,was financial dependent now he can earn money himself so just i am supporting morally as a uncle.
Please reply back.