Thank you all for these interesting comments. Appendix 1 - Visa requirements for the United Kingdom Immigration Rules 1. Subject to paragraph 2 below, the following persons need a visa for the United Kingdom: (a) Nationals or citizens of the following countries or territorial entities: And yet we kn...
There are two problems with FLR(o): First you have to be in the UK, second there is a substantial fee to pay. My partner applied for an EEA Family Permit on the basis of Zambrano (see http://www.immigrationboards.com/viewtopic.php?t=65550&postdays=0&postorder=asc&start=20 ). She was reje...
The holder of a Residence Card issued by another EEA state as a family member of an EEA National can now enter the Republic of Ireland. From there the RC holder can travel to the UK within the Common Travel Area without any controls. Has anyone got any idea of what the legal/immigration status of so...
I have now drafted my partner's appeal against refusal of the visit visa. As the refusal was based on the risk that she might do work related activities, a key question is whether she actually has a directly effective EU right, irrespective of whether it is attested by an EEA FP. Does anyone have an...
I have found this in LD (Article 8 best interests of child) Zimbabwe [2010] UKUT 278 (IAC) (10 August 2010) 28. Although questions exist about the status of the UN Convention on the Rights of the Child in domestic law, we take the view that there can be little reason to doubt that the interests of t...
Warning added in response to the comment below posted by smkamran: This post is not intended as advice, it is comment on the intensely political nature of the criteria applicable for naturalisation. It contains statements that are intended to be understood as reductio ad absurdam. I hope it will ra...
This extract from ECIS CHAPTER 9 – APPEALS sheds light on the UKBA thinking. [quote]3.14 Allowed appeals on cases which were initially refused on the basis that the person did not qualify under Regulation 8(2)-(5). Allowed appeals on cases which were initially refused on the basis that the person ...
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, COM(2009) 313/4 COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on guidance for better transposition and application of Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside...
EN (Continuity of residence – family member) Nigeria [2011] UKUT 55 (IAC) The Findings of the Immigration Judge 4. The judge was satisfied that from the date of the marriage in October 2003 to November 2006 the appellant’s wife was working in the UK for the purposes of the 2006 Regulations but h...
All is explained in earlier posts on this thread. The more I think about this the more I am shocked that despite having WON her appeal last November my partner still can't get the FP in her passport. And she, and my son, are now punished by her being denied even a visit visa. And how can they have a...
It is now ten weeks since the hearing at the Upper Immigration Tribunal and still no ruling as to whether the Home Office counter appeal is to be allowed to proceed to a hearing. One might be forgiven for thinking that the judge does not find that the HO arguments are immediately convincing. But on ...
Retyped from paper copy Home Office UK Border Agency European Operational Policy Permanent Migration North West Region 12th floor St Anne House 20-26 Wellesley Rd Croydon Surrey CR9 2HL (FOI) Home Office Reference: 17722 7th March 2011 Dear … Thank you for your email of 13 February 2011 where you...
I raised this with UKBA in a FOI request. They made a very helpful and courteous reply. In essence, they say returning British Citizens are covered by regulation 9 of the EEA immigration Regulations 2006, and there is nothing within reg 9 that requires a British (sic) national to continue to be econ...
I take it back! When my partner finally got an appointment on May 25th a very helpful lady took all the papers and said "its usually taking 2 weeks at the moment".
We shall see.
Still no ruling from the UIT on whether the Home Office appeal should be allowed to proceed.
So far, every letter that has been sent to the Home Office, the UKBA or the UKBA office in Warsaw has been simply ignored. So we filled in the on-line application form for a new EEA FP, this time on the basis of my partner being the mother of a British self-sufficient child, and quoting the case law...
We had another day in court on April 12th at the Upper Immigration tribunal. It was only to hear arguments as to whether the Home Office should be allowed to appeal. If they are allowed, we will have to have another hearing to actually hear the legal arguments. Six weeks later and the judge has stil...
I need to practice this argument before I try it in front of a judge! The judges in Metock were trying to understand what is said about family members moving to a host state with an EU citizen. They were considering two possibilities; either the FM had been resident in an EEA state with the citizen,...
The UK thinks 'Residence card' means 'residence card issued by the state where the holder is resident', almost everyone else thinks it means 'residence card issued by any EEA state'. Let us substitute that second meaning: 52. In particular, the first subparagraph of Article 5(2) of Directive 2004/38...
I have been reading Metock again http://www.bailii.org/eu/cases/EUECJ/2008/C12708.html and found this: 52. In particular, the first subparagraph of Article 5(2) of Directive 2004/38 provides that nationals of non-member countries who are family members of a Union citizen are required to have an entr...
On form VAF5, application for an EEA Family permit, and its online equivalent, the question is asked: 6.3 Have you ever been refused a visa for any country, including the UK? EUN02 says: EUN2.1 What is an EEA family permit? An EEA family permit is a document similar to an entry clearance which has b...
We had a hearing at the UIT last week where arguments were heard as to whether the HO should be allowed to appeal. If the SIJ rules the appeal should go ahead there will be a substantive hearing. I have no idea when that will be.
