Husband and wife moved to Ireland April 2016; to exercise treaty rights of a BC via SS(self employed, renting etc). Received temp stamp 4 and expecting RC in January.Obie wrote:The Home Office has decided to bring new laws from 25-11-2016.
Some of this laws like the Surinder Singh changes are designed to deliberately breach EU law.
It appears that the Court will be very busy.
The most immediate of the changes, is making it clear that Extended Family members have no appeal rights, that is from the 25-11-2016.
Surinder Singh changes also coming into place on the 25-11-2016.
New definition of marriage of convenience provision, which also violates EU law.
The court will simply have to set these provisions aside.
http://www.legislation.gov.uk/uksi/2016/1052/made
Here is my question, what now? What happens to those people who have relied on SS to move to another EU country. Does this new law mean that we cannot not return to the UK as it seems that we are going to be punished by the new regulations. Particularly this - Ordinarily, non-EEA family members who wish to reside in the UK with British citizen sponsors must meet the requirements of the Immigration Rules. If the motivation behind the joint residence in the EEA host country was for the purpose of bringing the family member to the UK under EU law instead of those rules, the applicant will not be eligible to enjoy a right to reside in the UK as the family member of a British citizen under the 2006 regulations (as amended) and the residence card application will be refused
What is everyone opinion on how to handle this? We were gearing up to move back but now we are not sure what to do? pls help.
PS/ not sure if Ive put this in the right place, but Ive read many posts and this felt the most relevant. Thanks.