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appealing the derivative residence not leading to parmanent

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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progeny5kay
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appealing the derivative residence not leading to parmanent

Post by progeny5kay » Wed Feb 27, 2013 3:11 pm

VERY INTERESTING READ FOR ZAMBRANOS: http://www.bailii.org/uk/cases/UKUT/IAC ... aysia.html : 8)

frei
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Post by frei » Wed Feb 27, 2013 3:23 pm

Very disappointing to know derivative residence card would not lead to PR, I wouldn't have expected that.

I shall add this link to the Zambrano thread.

sheraz7
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Post by sheraz7 » Wed Feb 27, 2013 3:50 pm

Please donot send PM. Write in open forum to facilitate others too.
REGARDS

Obie
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Ireland

Post by Obie » Wed Feb 27, 2013 7:06 pm

It should not have come as a surprise. It was always clear from Regulation 15(3) that people with Derivative Residence cannot obtain PR.
Smooth seas do not make skilful sailors

frei
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Post by frei » Wed Feb 27, 2013 7:20 pm

Obie wrote:It should not have come as a surprise. It was always clear from Regulation 15(3) that people with Derivative Residence cannot obtain PR.
I am not surprised as UKBA's position was clear initially, I am however disappointed that the court had upheld it, as for people with whose RC was obtained via the zambrano ruling, would this be consistent with that judgement? thought the CJEU guidance was that the judgement should not be passed restrictively, do you think European court will rule differently?

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