They have now asked for my tax assessment notice for 2011. This is extraordinary: at the time the application was submitted I had not even submitted my tax return for 2011 – and I wasn't late!
My partner finally submitted her passport a little over 2 weeks ago. This was in response to the request for the passport to stamp the Zambrano EEA FP. She also submitted a new application for an EEA FP as my partner. Last week she got a call from Warsaw "Do you really want two EEA FPs?" L...
Four months after submitting the application, my partner was called back to the foreign police to sign a new form. They also wanted excruciatingly exact details of my tax and social security situation in Czech Rep right up to May of this year, and to see her health insurance (again). Very odd, becau...
EEA FP as Zambrano parent Feb 7 2012 Written determination from first tier Apr 12 2012 Request for passport We were going to submit the passport for the Zambrano FP to be added in the first week of July. This begs two questions: Is there any time limit within which the passport has to be submitted? ...
Directive, I should have confirmed that this only applies to EEA applications. It will no longer be possible to show that the EEA right exists if the HO wins their appeal. But if someone has entered the UK in the meantime they may have established other rights that make deporting them impractical or...
This is part of my appeal against refusal of the visit visa. The appeal was successful, but this was not necessarily the killer argument. 40 The ECO's whole line of argument is based on the premise that it would be a breach of immigration rules for the Appellant to undertake work experience. This fa...
EEA FP as unmarried Partner Oct 23rd 2011 Written determination from UIT Nov 7th 2011 Request for passport Visit visa Sep 2011 UKBA requested passport at same time as saying ECM accepted appeal EEA FP as Zambrano parent Feb 7 2012 Written determination from first tier Apr 12 2012 Request for passpor...
We got a call from the embassy asking for my partner's passport. That will be for them to stamp in the Zambrano EEA FP as the mother of a British child. It is truly amazing how long it takes to rectify a mistaken refusal to issue an EEA FP. As her current EEA FP as an unmarried partner expires in Ju...
Dear Moroni, you raise a completely valid point. For others trying to follow this we are referring to this PDF: ec.europa.eu/ewsi/UDRW/images/items/docl_10608_265167021.pdf You are referring to the preamble to chapter 3, I think. I agree, and my agency insisted, that on the face of it this prohibits...
My non-EEA partner became eligible for permanent residence in the Czech Republic so we wanted long-term EEA residence at the same time. Our normally very efficient agency who deal with residence issues was completely unaware of this option. It took about 5 e-mails explaining the law before they mana...
An interesting point, but I think that recital 6 only applies to entry and residence, do you think it can be construed as applying to other rights as well? 6.In order to maintain the unity of the family in a broader sense and without prejudice to the prohibition of discri- mination on grounds of nat...
When we discuss 2004/38/EC on this forum we are usually only interested in its immigration aspects. But the Directive also bestows many other rights on Family Members, eg Article 24 Equal treatment 1. Subject to such specific provisions as are expressly provided for in the Treaty and secondary law, ...
I checked with the tribunals service today, and no appeal has been lodged by the Home Office. I think they are therefore out of time. I wonder how long it will now take to hear from the Embassy that they are ready to stamp in the EEA FP. I also wonder how they are going to do it. Two stickers, one g...
With respect to my post of Dec 6th, the judge rejected my argument, insisting on the Head of Household argument. "the household of which the applicant is a member is the household of which the EEA national with the primary right of residence is the head, rather than just another member". H...
The scorecard so far is Appelant 3: Home office nil. Application for EEA FP as unmarried partner of a British Citizen with Surinder Singh rights: Appeal allowed, upheld at Upper Tribunal. Application for two year visit visa: refused by ECO on grounds that applicant might work. Appealed and ECM grant...
Appeal against refusal of EEA FP for the mother of a British child allowed by first tier tribunal on basis of direct effect illuminated by Zambrano. Regret I cannot give more details.
Appeal allowed by direct application of treaty rights as per Zambrano. (Mother as extended family member not accepted.) Regret that for legal reasons I cannot give more details.
Look at this page http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/applying/ Basically it is your family members who must apply for an EEA FP for themselves in the country where they reside. The application is based on your status, but it is they who apply. There is quite a strong argu...
If you want your family to move in June/July, you could apply for EEA Family Permits for them now. That will take perhaps a month, and the permits are valid for six months so you will be comfortably covered.And it would leave some margin if there is any problem with the permits.
Dereci is going to be challenged because it contains two logical inconsistencies (at least). The first is that Zambrano talks about denial of rights (plural) conferred by EU Citizenship.The right to reside in the EU as a whole is not the only such right, Freedom of Movement is another. Secondly, nat...
How about getting lots of witness statements from both of your families, and your friends. Can you show you took her to meet your family in Malaysia? If you have been an item for over two years there must be many people who can testify to the fact.
I checked with the Tribunal service today, and there is still no determination in our Zambrano appeal. That is about four working weeks. I am not surprised, as the legal issues are very complex, as we have discussed on this thread.
If your son does lose his job, he will lose his reason for not living with his wife and son in the USA. (Does he have a US visa?). It is difficult to argue that splitting a family would hamper EEA free movement rights if the facts show they chose not to live together voluntarily. One idea might be f...