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Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator
Do you know what the word disproportionate means? You made a number of comments which I responded to in full,Obie wrote:This is quite a disproportionate responce. Touched a nerve have i. It seems like your years at that failed department, thanks to Mr Shatters who is seeking to reform it, has had an adverse impact on you. It seems like you forgot your sense of humour in the drawer when you left, or the amount of immigrant and IBC application cases you had to deal with made you a very angry person.
Firstly there is a clear distinction between a black person and an african person. It will be right to say most african people are black, but not all african people are black. African by definition are people who are from the African continent. This could be a white South African, or an Asian south African or Ugandan. But with that narrow minded lovely mindset of yours, i am not surprised you took offence. I was never intending to stir up a facial debate, just seeking to be friendly.
I don't agree with you that African people have a chip on their shoulder. As far as i can see, it is you that has a chip on his shoulder, constantly talking about Nigerian people abusing asylum an IBC scheme, when people were simply abiding by the Law of the land. Advocating that the Nigerian woman, who married to the Irish guy and has children by him should be removed. Thanks to Zambrano, your wishes did not come true.
I don't support marriages of convenience, and there is no evidence or indication from any of my post that i contract it.
Linking people up has wider meaning than your narrow mind will lead you to believe. Pimps control prostitutes they sell them for financial gains. I never suggested that. I was simply seeking to lighten up your dull life.
I wish your future wife all the best. Perhaps she should have a look at some of your post , so she is aware what she is letting herself in to.
You should know that once a person is considered a community worker and found to have a right under Article 39 now Article 45 TFEU, she can invoke any provision that were implemented to ensure this rights is realised without any deterance.
Walrumgamble, your are missing something out, she has to have exercised her right as economically active person in france, not as a student, and for at least 6 months before returning with her non eu family members to UK, if not so, UKBA will refuse you residence card.May I ask, what about you application based on zambrano you made, whats updates.walrusgumble wrote:she is exercising her rights when she leaves the uk. there are no restrictions for first 3 months.in reality she wont be bothered by authorities.but if she wants family reuification of non eu spouse after 3 months she needs to comply with article 7 of directive 2004 / 38 ec (student-comprehensive health insurance & recognised educational institute, or other groung, self sufficiency) technically caselaw provides that she can use eu law ie family reunification in uk on return.it would be wise for non eu spouse to go with her,register with french authorities (proof,making it hard for uk to say no) maybe stay in france a little longer for 3 months (not neccessary)have loads of proves of residence & exercising rights.then return to uk.uk have similar domestic policy like ireland.only way around this is to leave uk & invoke eu law by returning
walrusgumble, yes, this is what it should be.walrusgumble wrote:daddy: i would fully agree that it would be better to do six months or more.but the shing case says nothing about how long you have to stay.you can be one day in mainland europe, you are exercising your rights. article 7 provides for students & self sufficency,not just being economic,its a confirmation of old liberal caselaw.but yes, it would be better to get a job for at least 6 months.i am not an immigrant.but expect to know more on zambrano by august.if you have stamp 1,2,3 go to gnib to register now
They (UK) don't recognise it at all? Even genuine study (2-4 years in Univeristy)?acme4242 wrote:walrusgumble, yes, this is what it should be.walrusgumble wrote:daddy: i would fully agree that it would be better to do six months or more.but the shing case says nothing about how long you have to stay.you can be one day in mainland europe, you are exercising your rights. article 7 provides for students & self sufficency,not just being economic,its a confirmation of old liberal caselaw.but yes, it would be better to get a job for at least 6 months.i am not an immigrant.but expect to know more on zambrano by august.if you have stamp 1,2,3 go to gnib to register now
But as daddy said, the UK don't recognise adult education as exercising
treaty rights for Surrinder Singh route reunification.
They impose the narrowest implementation.
UK, regulation 9 of the 2006 Regulationswalrusgumble wrote:acme4242 wrote:walrusgumble, yes, this is what it should be.walrusgumble wrote:daddy: i would fully agree that it would be better to do six months or more.but the shing case says nothing about how long you have to stay.you can be one day in mainland europe, you are exercising your rights. article 7 provides for students & self sufficency,not just being economic,its a confirmation of old liberal caselaw.but yes, it would be better to get a job for at least 6 months.i am not an immigrant.but expect to know more on zambrano by august.if you have stamp 1,2,3 go to gnib to register now
But as daddy said, the UK don't recognise adult education as exercising
treaty rights for Surrinder Singh route reunification.
They impose the narrowest implementation.
They (UK) don't recognise it at all? Even genuine study (2-4 years in Univeristy)?
How do they get away with that?
It does sound far too good to be true as anyone would then claim to be students. 3 months was defintely way too short and UK would seriously cause suspicion, especially if it caused a trend.
Any links to any cases from the UK courts and Tribunal?
• Non-Transposition and the Surinder Singh principle
Also relevant is Regulation 9 which covers the so-called Surinder Singh scenario of the national of a
Member State returning to their home state having worked or been self-employed in another Member
State and bringing with them (non-EEA) family members. There is a concern whether a
misapplication of the Surinder Singh principle is unjustly limiting the rights conferred by the
Directive.
The AIRE centre reports concerns over “[m]isapplication of the Surinder Singh principle to migrant
UK citizens (e.g., requiring the UK national to have worked or been self-employed elsewhere in the
EU, instead of simply being self-sufficient)â€
Monifé wrote:Thanks for the advice. Spouse of Irish national application was not an option to us last year as we weren't ready for marriage, hence why we thought we could use the EU treaty rights defacto application, as the Irish defacto is subject to the immigration status/history of the applicant, which in my partners case is not good.ImmigrationLawyer wrote:In my experience applications for residency based on marriage to an Irish national are currently taking 4- 6 months. Imho I think a "mega" applicaiton will just draw unnecesary (negative) attention to your case. I would lay low until the marriage and then apply in the normal way to INIS (Mariage to an Irish Nat Section). I don't want to criticise your lawyers but it might have been a better idea to apply as an Irish (not UK) citizen from the start.
Why our solicitor suggested an application using a few different arguments, is that my partner had received a section 3 notification, which was put on hold pending our case. This is most definitely going to be reactivated, hence why our solicitor said we should make an application including the humanitarian leave to remain aspects and also on the basis of our partnership and soon to be marriage.
d'hoop is a confirmation of previous caselaw and regulations+directives that studying in another country is freemovement.eu relies on freedom of education.universities trive on attracting others nationals.article 7 is clear.british tribunals when interpreting chen accepted studying,even primary school.people in denmark who travel each day to work to sweden back n forth are exercising eu rights.what about free movement of services and right to avail of them,see carpeter v ukObie wrote:In the 2002 ECJ case of D'Hoop , the court did not hesitate to award freemovement rights to a Belgium student who had been rejected a tideover allowance on the basis that she undertook her secondary education in France. It is arguable that the principles in that case might apply to residency cases too.
For you to have a dual citizen, you must have somehow or somewhere your history have moved from one eu country or the other, you cannot just sit in one place if your family history have not move and get a dual citizen, you have moved someway or the other, maybe your father or your mother, the fact that we are now using eu treaty right those not stop your history movement. For instance: In 10yrs time from now, children of eu that are studying here in uk will have children and their children will have history of the mother’s or father’s movement even though they are born in uk they acquire dual citizen, then they have moved, this is a lesson for the future of our children to maintain our citizenship. In the case of dual citizen as in McCarthy, they said she is British, if she is no more British, then her history have move here to uk that is why she could acquire the Irish citizen then she is an Irish. The judgment was base on dual citizen, and then if you are no more a dual citizen, what will the law say? Will the law say the treaty right wills not recognized Monife single citizen of British if she is no more an Irish? I don’t think so, the eu law respect your wish to become any citizen you so willing to be and no human right law will say you cant surrender not to be a citizen of one eu country if you so wish. If monife surrender her Irish passport she is no more an Irish, then her single citizen will surely be recognized through the history of how she become a British citizen, maybe when her parents was exercising the treaty right in respect of when free movement started or not, then she has one way or the other moved even though she was born in Ireland, her family have one time move and exercise her treaty right. You can’t live in history of one country and acquire dual citizenship, you must have somehow or some way moved through your parents or others but (only Northern Ireland). An American holding a dual citizen of and American and British even though he/she has never visited or live in uk will be recognized as a British even if he was born in Ireland and hold only one eu citizen and another as an American making dual citizen of not dual citizen of eu countries. Then if that is recognized, a single eu citizen of British Monife will surely be recognized and she has also worked.walrusgumble wrote:rachael, how does that get away from the fact that actual movement is required?ok chen the child was born in uk(ni) and never left uk but was deemed to have excercised eu rights on basis of irish citizens?will the states make an issue of the fact that someone like monife actually for most of her life recognised her irish citizenship n lived here?as for echr and eu law,neither courts give 100% guarantees that a national from one country can't be removed from another country due to criminal offences.uk regulary did and do remove non brits,especially non eu's whose family are british or others. of course you would want to be really bad as an eu to be kicked out of another eu state
since when did american citizenship entitle you to Citizenship of the European Union? Wasn't there some sort of movement in the case of the mother or Mrs McCarthy? The individual has to exercise the right it is not passed on to generations? How about practicle suggestions as oppose to academic, we are the world suggestions? John F Kennedy's great grand parents were Irish born yet, bar the problem with not being allowed to take additional citizenship, Kennedy and his grandchildren are not entitlted to irish citizenshship - well honouraryrachellynn1972 wrote:For you to have a dual citizen, you must have somehow or somewhere your history have moved from one eu country or the other, you cannot just sit in one place if your family history have not move and get a dual citizen, you have moved someway or the other, maybe your father or your mother, the fact that we are now using eu treaty right those not stop your history movement. For instance: In 10yrs time from now, children of eu that are studying here in uk will have children and their children will have history of the mother’s or father’s movement even though they are born in uk they acquire dual citizen, then they have moved, this is a lesson for the future of our children to maintain our citizenship. In the case of dual citizen as in McCarthy, they said she is British, if she is no more British, then her history have move here to uk that is why she could acquire the Irish citizen then she is an Irish. The judgment was base on dual citizen, and then if you are no more a dual citizen, what will the law say? Will the law say the treaty right wills not recognized Monife single citizen of British if she is no more an Irish? I don’t think so, the eu law respect your wish to become any citizen you so willing to be and no human right law will say you cant surrender not to be a citizen of one eu country if you so wish. If monife surrender her Irish passport she is no more an Irish, then her single citizen will surely be recognized through the history of how she become a British citizen, maybe when her parents was exercising the treaty right in respect of when free movement started or not, then she has one way or the other moved even though she was born in Ireland, her family have one time move and exercise her treaty right. You can’t live in history of one country and acquire dual citizenship, you must have somehow or some way moved through your parents or others but (only Northern Ireland). An American holding a dual citizen of and American and British even though he/she has never visited or live in uk will be recognized as a British even if he was born in Ireland and hold only one eu citizen and another as an American making dual citizen of not dual citizen of eu countries. Then if that is recognized, a single eu citizen of British Monife will surely be recognized and she has also worked.walrusgumble wrote:rachael, how does that get away from the fact that actual movement is required?ok chen the child was born in uk(ni) and never left uk but was deemed to have excercised eu rights on basis of irish citizens?will the states make an issue of the fact that someone like monife actually for most of her life recognised her irish citizenship n lived here?as for echr and eu law,neither courts give 100% guarantees that a national from one country can't be removed from another country due to criminal offences.uk regulary did and do remove non brits,especially non eu's whose family are british or others. of course you would want to be really bad as an eu to be kicked out of another eu state