Anyone receiving decision after 01-02-2017, will not be able to appeal under the 2006 Regulations. They will have to rely on the 2016 Regulations which does not have any appeal rights for Extended family members. We are expecting an opinion form the CJEU, as the case of Banger was heard very recent...

You can pursue both appeals at the same time. When your visa/residence card is issued under one, Home Office will inform the tribunal and they will cancel the other appeal.

Hi, First of all sorry if it is in the wrong place. I have got a question relation to filling out online EEA family permit. I am currently filling an online family permit form for my Mother and Younger brother on behalf of my father who is Italian national living in UK. I am bit confused do i need ...

Bloomberg EU legal correspondent saying : The U.K. isn’t allowed to strip the rights of EU citizens, including the freedom to live with their non-EU spouse, if the person moves there from another member state and acquires dual nationality, the Luxembourg-based EU Court of Justice ruled in a binding...

Hello, I had applied for EEA Family Permit for my sister who is financially dependent on me. The first application was logged in April 2017 but was refused on the grounds that ECO was convinced of financial dependency. I re-applied providing additional evidence of the dependency. This has been refus...

Anyone receiving decision after 01-02-2017, will not be able to appeal under the 2006 Regulations. They will have to rely on the 2016 Regulations which does not have any appeal rights for Extended family members. We are expecting an opinion form the CJEU, as the case of Banger was heard very recent...

UKVI has not updated their guidance yet so I don't think there is any official notice yet anywhere, at least I haven't seen any. However they only issue guidance, they don't make the law which ECJ has clarified in its judgement. You can refer to the Lounes case judgement in your application. Their r...

That, and a few others, are standard response they have been sending to people. Read this thread when you have time, https://www.immigrationboards.com/eea-route-applications/sheffield-visa-section-eea-family-permit-t227282-1920.html People waiting for months and months. I don't think there is much y...

1- Yes, your spouse will be treated as EEA family member.
2- Nobody knows.

You can apply again or appeal against their refusal (if it is still possible to do so).

After the Lounes judgement, your EEA rights are not impacted anymore by your being British.

My (from Belarus) is in the country over 5 years. She has EU family member permit which will expire in March. Her application for permanent residency was rejected by HO because I (Czech/UK citizen) have received UK passport 4 years ago. HO based their decision on the fact that I am now UK citizen, ...

Obie wrote: ↑

Thu Jan 11, 2018 4:37 pm

Loutfi wrote: ↑

Thu Jan 11, 2018 2:16 pm

U can apeal after dicision 100%

That is not correct. At present, EFM are not getting right of appeal.

The solicitor should up his game.

EFM can appeal after SALA. UK law/guidance might not be updated yet but ECJ has given the decision. I think.

You don't need to wait for the UK law to be updated, EU law is superior to UK law and if they refuse her PR application because of your dual nationality, it will be unlawful and you can appeal against it.

Calling the number is a waste of money, they will only tell you that your application is in process, as if you don't know that. To annoy you more, they will ask you to call back after 15 working days only to hear the same. I would rather send them an email, at least you don't have to pay for chasing...

I am dual citizen and my wife is going to apply for PR now. After Lounes judgement there is still no change to the Non EEA national family members of dual EEA and British citizens guide (version 5.0) from 21 April 2017 I found on gov. As someone posted above " The caseworker will follow the pr...

Hi guys, just hope anybody can help my husband is Ukrainian I’m Lithuanian we applied for family permit to get my husband to the uk first time we got refused because we didn’t included his divorce certificate on the 15th of November we applied again and still didn’t heard anything from H O we got t...

Thank you for your reply. Do you maybe know when we should send the application form for PRC? Do we send it after 5 August 2018 or can we also send it before her 5 year resident card is expired? Does her 5 year period end on August 2018 This one. You can send it 28 days before 5 August 2018 (and no...

Hi I need some help if anyone can please.1st time I applied in 2015 for efm nd refused and court informed for hearing 17 Oct 2016.but when I attended court judge said sory I cnt follow ur cause due to no rite of apeal.then I applied again 2017 jully.but they refused my cause again.so wats next.can ...

Take them to the court, but you have already done that I suppose.

After Lounes case judgement, it is irrelevant that your spouse has become British. Their decision is wrong.

Extended Family Members (other than durable partners) are excluded from the scope of the Withdrawal agreement and explicitly put under national jurisdiction(Paragraph 14). Wasn't this always the case? for extended family members, it was the member state exercising 'discretion' under its national law.

Please note, I might be wrong as I am not a lawyer neither an expert. But at first glance the court says, that Lounes is entitled to a derived right of residence and as the holder of such a right he can live in the UK with his wife. However, the UK government website says that those with a derivati...

I can't wait for the decision to come in our favor. Very nervous. I am dying to pee but don't want to leave the computer searching for the decision to show somewhere.

This will change if the court decides in favor of Lounes. So wait 2 more weeks!

eea-route-applications/do-dual-eu-uk-ci ... 28292.html

Note that I am overly simplifying. Assuming the ECJ follows what the AG said, the judgment will say that the Citizenship directive should be interpreted as not denying EU rights to someone that has exercised treaty rights and then became a national of the country where she/he now resides. The ball ...

@Obie @Vinny

Do you guys have any idea how long would it take UKBA to update their guidance for ECOs?

https://www.gov.uk/government/publicati ... -nationals

Just curious how is this update passed on to ECOs.