Marshad wrote:Obie wrote:Well he really should have resided with you in Beligium for him to be covered by the directive in the UK, although recent case law cast doubt on whether the right under the directive should only be activated if the non-EEA was residing with the UK national in another member state.
No hi just live with me in uk not living with me in belguim so can't make application ?
The main amendments to the EEA Regulations 2006 are:
The requirement in Regulation 8.2.a that an Extended Family Member needs to have resided in the same country as their sponsoring EEA national to gain entry to the UK has been deleted. As a result, Extended Family Members no longer need to have lived in the same country as their sponsoring EEA national to gain entry to the UK. This amendment is based on the ECJ ruling in the case of Rahman (C83/11). You can read ECJ ruling C83/11 here.
Primary and sole carers of British citizens now have rights to enter and reside in the UK. This amendment is based on the ECJ ruling in the case of Ruiz Zambrano (C34/09). In summary, in the Zambrano case, the ECJ ruled that Article 20 TFEU (=The Charter of Fundamental Rights of the European Union) is to be interpreted as meaning that it precludes a Member State from refusing a third country national upon whom his minor children, who are European Union citizens, are dependent, a right of residence in the Member State of residence and nationality of those children, and from refusing to grant a work permit to that third country national, in so far as such decisions deprive those children of the genuine enjoyment of the substance of the rights attaching to the status of European Union citizen. A practical example would be the parents of children who would otherwise be displaced and lose out on their education, now qualify for leave to remain. You can read the full ECJ ruling on Zambrano here.
Changes to the definition of ‘primary carer’ in relation to the derivative rights of residence given by the Ruiz Zambrano case. This means that whilst carers can stay in the UK with their dependants they cannot get permanent residence or sponsor family members. They are present in the the UK to look after their dependants only.
Partners that are in a durable relationship (=a relationship that is akin to marriage, which has existed for a minimum period of two years) with an EEA National only get the full right of appeal against an EEA refusal if they have submitted sufficient evidence of their relationship with the EEA national with their application.
Allowing the Secretary of State to accept alternative forms of identification where a person is prevented from providing this evidence due to circumstances beyond their control.
