According to judge, i had a semi skilled job in uk and the job in Ireland wasnt commensurate to my skills. Shocking firstly because EU law basically only says work should be genuine and effective. What the judge said had no relevance to Eu law and secondly how does the judge know my skill level? I ...
Sorry just check your refusal reasons. Whether your job was not on the same skill level doesn't make that much of a difference as long as you justify that you're doing a job and the salary is sufficient for your monthly outgoings over there. I am a bit curious on what you reply to them about why you...
Is a Judicial review worth it? They said our residence wasn't genuine because of the following reasons I gave above. Obviously contrary to Case O and B which states genuine residence must be determined in line with Article 7 of the Directive. Yes has friends and the judge asked which I said yes yet...
Permission was been refused by FTT to appeal to UTT. Now awaiting UTT response for permission. Just wondering whether this refusal will affect us when we make a human rights application? Hi alphagear, Sorry to hear about your situation. It has nothing to do with playing sports or not. Me and my Mrs...
Hi nawab185, I think you have submitted everything which I put. However in my case the difference was my first daughter was born in Ireland. Also I arranged letters from neighbors in Ireland and 2 families who moved to UK from Ireland. I also showed proof of my last employment in UK where I earned w...
HO are now refusing all applications if there is previous immigration history or where the applicant could have applied under UK immigration rules regardless of how long they resided in anoher member state. My wife received a refusal 3 months ago on the basis of circumvention because of a refusal u...
Hi Rydhwan, May I first of all congratulation on the success of your appeal against the Home Office. Pls, I would like to know how your hearing went and what was the judge finding and determination. Because, I have a similar appeal case like you, my application was refused by the Home Office exactl...
All, Another update. We have now received the BRP and letter from HO. However the issue date is from this month but not the actual application. Is this correct? This means that not only money but we lost 1 year from Mrs residence here. That also means that from June 17 till now she was illegal in th...
Hi, The appeal went OK. The Home office representative didn't come. The judge was OK although she didn't ask much. She read my letter which refute all points mentioned in HO refusal letter. In total we were there for 15 minutes. She asked why the HO is insisting on integration because you have atta...
Hi, The appeal went OK. The Home office representative didn't come. The judge was OK although she didn't ask much. She read my letter which refute all points mentioned in HO refusal letter. In total we were there for 15 minutes. She asked why the HO is insisting on integration because you have attac...
Hi rydhwan, When is your appeal? Are you going to appeal within 2016 regulations or outside regulations challenging that the regulations are unlawful under EU law? Hi, I am going to appeal under 2016 regulations. We adhere to most points in 2016 other than the circumventing immigration which HO is ...
I was detained in one of those routine visits at the reporting centre but the judge released me on the grounds that I have a valid marriage with a UK citizen. My lawyer sent a further submission to the HO straight away and my husband is also suing the HO. I would say, stick with the appeal under EE...
Hi rydhwan, When is your appeal? Are you going to appeal within 2016 regulations or outside regulations challenging that the regulations are unlawful under EU law? Hi, I am going to appeal under 2016 regulations. We adhere to most points in 2016 other than the circumventing immigration which HO is ...
All, Another update regarding our case. So I have written letters to both HO and Tribunal. The tribunal changed the date to Jan 18 before. I have got replies today. In the HO letter they said that they can't discard the removal notice since Mrs has been served RED.0001 notice but they will not seek ...
The current guidance just as much implements Akrich even though there is no mention of the judgment. if one of the reasons for moving to another Member State was to avoid the requirements of the Immigration Rules but the residence in that Member State was in any case genuine (see stage 3), then the...
All, I am wondering if any of the members have access to older version of this guide: Fee movement rights: Family members of British Citizen (Version 3.0). https://www.gov.uk/government/publications/free-movement-rights-family-members-of-british-citizens This is updated recently on 25t Oct 2017 and ...
My take on this is as follow: 1. You are able to challenge the notice by means of a Judicial review, on the basis that your wife is not subject to the 1971 act, as she has an enforceable community law right. 2. The cannot give her a removal notice without right of appeal, which she is most likely t...
I would be cautious with what an mmigration solicitor says as not many understand EU law or can't be bothered with it and will advise you to make an application under UK rules instead. On a side note I was just looking at the new Home Office guidance and by the language used, it appears they will t...
Hi All, Another update regarding our case. I met 2 solicitors (separately) today regarding the notices. Both said that I shouldn't be worry about this too much as Mrs have two children (Both British) and normally they don't remove you in majority of cases where children are involved. However they sa...
Hi Obie, I am waiting for your reply regarding my previous comments. I have an appointment with a solocitor tomorrow so it would be great if i get an idea whether these notices are formal or not? Wr just got a letter that her appeal has now been re scheduled for Jan rather than December. Any other c...
Thanks Obie, Is the IS96 and RED.0001 not a formal decision? Both notices contain information that she can be removed now without any further notices. I have also asked 2-3 solicitors and I have been told that is the case. Shall I still push them to answer by writing another letter, they haven't mad...
Yes that is a possibility. However reading through the OP case, he is British. That means his case is quite similar to ours. British children, himself British with a spouse who is non EU. We get a refusal due to Mrs circumventing immigration rules which is challenged in Court however the answer I re...
