UKVI unlawfully exclude EFM from new application

[Obie]

The UK government has issued new applications for EFM applying from today.

https://www.gov.uk/government/publicati ... rm-eea-efm

The application states that EFM of British Citizen should not use the form as there is no provision for them.

It is unclear if they are referring to Surinder Singh British Citizen, which will be unlawful or normal British citizen, which will not.

The EEA Regulations 2016 should operate until 31 December 2020.

Therefore an application saying this is plainly wrong.

[Zerubbabel]

I need to double check but I think that the Surinder Singh was always about close family members. Extended were never listed as eligible.

https://www.gov.uk/family-permit/surinder-singh

[Obie]

That is not correct.

Banger Case does not support it.

[vinny]

Have they also forgotten naturalised EU-British citizens?

[vinny]

That is not correct.

Banger Case does not support it.

Indeed.

[Obie]

I would love to challenge this, but will have no standing to do so at present, without a live case.

They are trying to prevent OFM returning before 31-12-2020 from qualifying under the settlement scheme, as even though the scheme will be open to them, they cannot apply under it until they have received a residence card.

[vinny]

Yes.

The provisions for extended family members of some British citizens are in 9 and 9A. To say that

Please do not use this application form if you are the ‘extended’ family member of a British citizen as there is no provision to issue a registration certificate or a residence card. Please read the guidance on our website for further information.

is clearly wrong.

[Obie]

I fully agree that this is wrong.

Not sure if there is a competent civil servant lawyer advising them to do this.

The most disturbing thing about this reference to a guidance that supports their new position, is that one does not exist. The guidance issued on 27-03-2020 itself, does not support this.

The EEA Regulations 2020 ceases to have effect on the 31-12-2020.

[vinny]

I hope that eligible extended family members of British citizens are not mislead nor hindered by a false statement of fact.

[Obie]

I will suggest that beneficiaries of Regulation 9 and 9A, simply boycot the form..

Use the payment slip attached, and explain the basis of their qualification.

The government may have a case for
EFM of UK citizens applying after 31-12.

For Lounes cases, they have a right under the withdrawal agreement.

Their durable partners will be permitted to apply even after Dec 31, provided the relationship started before that.

Therefore the UK government is planly wrong in its approach.

[Zerubbabel]

Therefore the UK government is planly wrong in its approach.

The current British administration has gone rogue in many aspects. The immigration is just one of them.

They bet on the fact that most people won't have the money to go to court and challenge wrong Government decisions. Many will just abandon their rights because they can't afford the fight.