I have found another bit of case law that supports the position of unmarried Singh partners: M (Chen parents: source of rights) Ivory Coast [2010] UKUT 277 (IAC) . This case considers amongst other things, an application by M, a third country national, for an EEA Family Permit as the unmarried partn...
The rules are clear for a third country spouse if the EEA sponsor dies. Is an unmarried partner in the same position? If there is a child at school, the unmarried partner can remain under an exemption in Article 12 EU Residence Directive 2004/38. But can he/she continue to have access to the labour ...
Thank you for your replies, but I think they actually illustrate how undefined this issue is. For us pedants, the following is an interesting discussion of the interplay between EU law and UK law with respect to the concepts of Residence and Habitual Residence, albeit in the context of divorce. http...
For the third-country national family members of an EEA National to become resident in the UK on the basis of an EEA family permit, the EEA National must himself be resident. But how is this measured? Tax resident? Habitually resident as required for recourse to public funds? Meeting the same criter...
For anyone interested in recognition of professional qualifications, look at http://ec.europa.eu/internal_market/qualifications/future_en.htm and follow the link to Documents of a general Nature, FAQs 8. APPLICATION OF DIRECTIVE 2005/36/EC TO THIRD COUNTRY CITIZENS AND TO REFUGEES Community rules on...
Thank you for that comment Obie. I am starting to think about an EEA2 application. I realise that there are a number of points that merit discussion on this forum. As I intend to analyse them from the particular perspective of a British (Surinder Singh) National as EEA sponsor, I will continue on th...
Well spotted! I had read that case and had missed the fact that the relevant EEA National was the British son-in-law and not the Greek daughter. I think you are quite right that this shows that the Higher Tribunal agrees that paragraph 8 should be used in assessing extended family members of Surinde...
Good news - our appeal has been allowed. Now we have to see whether the Home Office will themselves appeal in the next 5 days. The key points from the judgment are: -it seems to me that [paragraph 8(5)] is the key paragraph that is applicable to the application -Clearly Mr Rolfus is exercising Treat...
Well, we will see whether the Judge can clear this up in the next few days. AP & FP paragraph 12 explains what 'Facilitate' means, and exactly what discretion member states have. This is perhaps what they were incorrectly interpreting. Incidentally, what I have posted is academic rigour itself c...
To understand how deeply muddled the HO thinking is, you need to read the Entry Clearance Manager's submission to the court. I have highlighted some lines in red, and added a rebuttal in italics. All this was available to the HO in advance of the hearing, but they chose not to comment on the rebutta...
The response to another FOI request has revealed in 2010 the existence of four applications for EEA family permits by the 'unmarried partners of British Nationals exercising treaty rights' that were rejected. In each case the rejection was on the basis that Surinder Singh does not apply to Other Fam...
I have found a document in English that explains how this is implemented in the Czech Republic. Look at 2.2.1 and 2.2.2 on pages 33 & 34. ec.europa.eu/ewsi/UDRW/images/items/docl_10608_265167021.pdf This is how they deal with the issue of long-term residence on the back of the permanent residenc...
As far as I can see, 2003/109/EC applies to all third country nationals who have been legally and continuously resident resident in one EU state for 5 years. They might be resident as family members, or with work permits, or in another category. 5 years is the point at which they acquire rights by v...
Obie, thank you for putting your finger on the key point, which I had missed. Let me attempt a summary: After 5 years qualifying residence, there is not one, but three kinds of status that are or can be acquired. First: under the Citizens Directive 2004/38/EC, Permanent Residence is acquired automat...
To understand how this directive is implemented in practice, I suggest looking at these topics on this forum:
ILR : working in an EU country etc.
the new EU directive 2003/109/EC for third country nationals
So we have "COUNCIL DIRECTIVE 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents" and "DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004 on the right of citizens of the Union and their family m...
This Directive harmonises Permanent Residence after 5 years, which is potentially very useful for non-EEA nationals. As always there are difficulties with transposition into national legislation, and the UK, Ireland and Denmark have specifically opted out. National legislation in the countries I hav...
In response to a freedom of information request, the Home Office has told me that in the most recently available 12 month period "our records show 42 applicants were issued entry clearance visas that had applied for an EEA family Permits issued to unmarried partners who had exercised their trea...
So we had our day in court yesterday. We made an early application for the judge to refer the legal issue to the ECJ.The judge replied that the arguments for direct effect should first be heard, and that if that argument permits the appeal to be granted, so be it, if not the judge will refer the mat...
