You will need to use IAFT4 and seek permission to appeal. They really should grant permission and the decision should be set aside and remade, allowing your appeal. It seem clear to me, that the provision of the regulations relied upon by the judge, is of no application to your case. The FTT may eve...

You got to it before me Char, was seeking to see if I can redact some areas and resend it. From looking at the decision, it appears the consistent e misdirected himself. Regulations 16(6) has no application to your case. It applies to the non EEA child of the primary carer of a Zambrano child. His a...

You did mentioned the presettled status bit.

I don't believe that will make a difference to my assessment to the case.

You parents will be able to retain their right of Residence in the event of your divorce, should you wish to follow that path.

Well the way it works is this. The minister decides if you should be treated as a Permitted family member after you applied on form EU1A.

If they decide you should be, you will be sent a temporary stamp 4, whiles your residence card is under consideration.

They are trying to mislead the tribunal at any cost. If the judge dismiss your appeal under 2016 regulation, no way you can succeed under settlement scheme. So that is misleading. I faced similar misleading from them 3 weeks ago, the appellant is a single mother, the father of the children is marrie...

Most JR are settled out of court before the outcome of a hearing , provided the case is properly presented.

As a joining family member who applied for facilitation before the end of the transitional period, you clearly ought to qualify.

They are simply saying rubbish.

You are entitled to challenge them under the withdrawal agreement itself.

Kash143 wrote: ↑

Thu Jul 29, 2021 2:25 pm

DO you think if I go against decision on the basis of date of application would it be successful?

I think there is a failure. But your lawyer needs to lay all his cards on the table, if he fail to raise grounds and then raise it later, you may lose cost.

It will appear the author confined his claim to the regulations and hence the response received.

The presumption against the retroactive operation of legislation 186. At common law there is a presumption that a statute does not have "retrospective" effect. The statement in Maxwell on The Interpretation of Statutes, 12th ed (1969), p 215 is frequently quoted: "Upon the presumptio...

Child does not need to be linked to get registration. He or she can be registered regardless.

Child could obtain mother's citizenship and apply for pre-settlement if you want to.

The decision seems wrong, and appeal will at the very least succeed under the withdrawal agreement, if it failed under the settlement scheme immigration rules.

It must be, as the application was made before 31st December 2020

That is an extremely worrisome refusal.

It is clearly not in accordance with the withdrawal agreement. They better change it, as it will result in lots of court proceedings.

Did you apply for EEA family permit or EU settlement scheme permit? Why did you not apply for EU settlement scheme permit? Yes i did apply for eu settlement scheme in February 2021 and won appeal and i have submitted passport but i received same emails that we will review it that If you do not meet...

You will have a right of appeal if granted pre settled as opposed to settled status.

I am not suggesting it has any legal implications. If you read my post you will appreciate that's not my position. I am merely referring to the irrelevance of an Irish citizen applying for one. Thanks for clarifying. I think both myself and the OP managed to misinterpret what you said. Just to wrap...

Partner should not have applied for PSS in the first place. Why? They are free to apply, and this is recommended to expedite the spouses' application. Why I believe is completely wrong is the issuing of Pre Settled instead of Settled. I am not suggesting it has any legal implications. If you read m...

That will be unlawful, as you status is independent of what your partner chooses to apply for.

Partner should not have applied for PSS in the first place.

They should have considered issuing your mother settlement scheme permit. A bit strange how things turned out.

I am referring to your mother's, not siblings.

Did you apply for EEA family permit or EU settlement scheme permit?

Why did you not apply for EU settlement scheme permit?

It is quiet worrying why so much misfortune falling on your case, hope it is not to do with people not doing their homework properly.

It is a big work, the grace regulations provides that no EEA family permit must be issued after 30 June 2021 and that those issued are to be deemed invalid.

The question is whether that grace period regulations is lawful.