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Chaprer 3 in European Casework Instructions missing!

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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SRAQAI
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Posts: 193
Joined: Thu Jul 07, 2011 9:33 pm

Chaprer 3 in European Casework Instructions missing!

Post by SRAQAI » Sun Sep 02, 2012 4:12 pm

Ive been looking at this document, which discusses the implications of the Metock case on UK rules, in regards to family members and the EEA Spouses. The Document is here:

https://docs.google.com/viewer?a=v&q=ca ... WQz7aaFjUg

On Page 6, it states that Chapter 3 of the European Casework instructions have been changed to take into consideration the Metock case. However, when you actually go onto the instructions, conveniently, Chapter 3 is missing! Above, it asks you to link onto the 'modernized guidance', however when you click on it, there is a list of PDF documents, but non of them relating to the freedom of movement of Union Citizens and their family members. Am I looking in the wrong place?

I have tried google, and I cannot find any document anywhere about this, does anyone here know where I can find this document? Here is the link to the European Casework Instructions:

http://www.ukba.homeoffice.gov.uk/sitec ... dlaw/ecis/

Thank you

EUsmileWEallsmile
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Joined: Fri Oct 07, 2011 8:22 pm

Post by EUsmileWEallsmile » Sun Sep 02, 2012 6:04 pm

You may find this page interesting.

http://www.ukba.homeoffice.gov.uk/polic ... /eun/eun2/
EUN2.5 What did the ECJ judgment on Metock say in relation to issuing EEA family permits?

The ECJ judgement on Metock in July 2008 prohibited Member States from having a general requirement for non EEA spouses of EEA nationals to be lawfully resident in another EEA member state before they can benefit from a right to reside under the EU Free Movement of Persons Directive. Therefore, we can no longer apply the lawful residence requirement (which was based on the case of Akrich) or our own domestic legislation (the Immigration Rules) to family members seeking first admission to the EEA from outside the EEA.

keffers
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Post by keffers » Sun Sep 02, 2012 9:31 pm

Seek and ye shall find.

It is to be found under modernised guidance (it does say this but it is not immediately noticeable)

The link:

http://www.ukba.homeoffice.gov.uk/sitec ... -swiss-ec/

SRAQAI
Member
Posts: 193
Joined: Thu Jul 07, 2011 9:33 pm

Post by SRAQAI » Tue Sep 04, 2012 7:34 am

Oh thats great! Thanks so much for the link :)

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