There probably won't be any problem because you are resident in more than one country. But you would need to think clearly about the basis on which you have residence rights in each. I could envisage circumstances in which you could inadvertently lose residence rights in one country by being abroad ...
There are two general points to remember. First, it is always easier to fit in with the administrative arrangements that exist than it is to prove you have EEA rights. Secondly, countries' legal systems haven't caught up with the fact that it is very usual in the low-cost flight age for people to li...
I think you should be careful about this. SS rights exist only to remove impediments from free movement. The longer between when you move and when your family moves the harder it is to show that they need to move or your movement will be impeded. But it doesn't have to be the same day! Recent judici...
jaskamalman, If you decide to apply for a Residence Card as the extended family member of a minor child, you need to expect the application to be rejected initially, and for the serious decision-making to be at the appeal. Unless you are very confident about representing yourself at the appeal heari...
Dear alisiddiq,
I think that the GMC is drawing to your attention that being an exempt person does not necessarily exempt you from the PLAB. You need either to have a primary qualification from an EEA university, or your overseas qualification must already have been accepted by another EEA state.
I had another day in court, first-tier tribunal, arguing for a family permit on the basis of Chen and Zambrano, but also on the basis of the mother as an extended family member. The judge was not unsympathetic, but his written ruling will be the test! Probably early in January.
I submitted my argument as outlined in my post of Dec 6th 10.18 am, and the judge didn't bat an eyelid. I didn't volunteer the difficulty raised by Obie. Written judgment probably won't reach me until January.
A very good point Obie. Might I suggest the following argument: In KG & AK, LJ Buxton at paragraph 77 is arguing that the EU citizen must be the head of the household somewhat faintly. "It seems very likely that the assumption is that the household will indeed be that of the Union citizen, ...
I have been underestimating the importance of Moneke(EEA-OFMs) Nigeria [2011]UKUT 00341(IAC). Mr Justice Blake says: 40 We therefore conclude that for the time being, subject to future clarification by the higher courts, IJs should adopt the following approach: i. A person claiming to be an OFM may ...
I am thinking about implications of Dereci C-256/11, which clarifies some questions from Zambrano. In paragraph 66 the Judges say 66. It follows that the criterion relating to the denial of the genuine enjoyment of the substance of the rights conferred by virtue of European Union status refers to si...
Jaskamalman, I am afraid this is well outside my experience. I suggest you look at other threads, but really you are going to need advice from a lawyer,
Easy possibilities: Have you been in the UK long enough to get permanent residence? Drive to the Republic of Ireland. Present yourselves to an immigration officer and make a Zambrano application. Apply for a Chen visa to travel to Ireland (see M (Chen parents/ source of rights) Ivory Coast [2010] UK...
Received this gracious email from UKBA on Nov 2nd Your application for EEA family permit received on 25/06/2010 is currently under review, following the outcome of your appeal. Your passport is therefore required, so that entry clearance can be issued without delay, if your application is approved. ...
Probably best not to take a firm decision before checking out the climate, the warm beer, the hostility of the natives etc! After a few weeks a firm decision might be reached. We also have no information about how UKBA would treat a port application. At the Eurostr terminal in Paris they could claim...
At risk of stating the obvious, judging by a quick look at this site http://www.ukba.homeoffice.gov.uk/count ... %20English it appears that your daughter-in-law can travel to the UK without a visa. She can then apply for a Zambrano residence from within the UK.
I have reproduced the FOI response referred to by Directive, together with some quick lay-person's comments. From: Subject: Date: Issue number: European Operational Policy Team Implementation of Ruiz Zambrano judgment 16 September 2011 13/2011 Purpose of Notice 1. This instruction provides interim g...
Confusing developments on the Zambrano application. On Oct 11th, the Clerk to the first tier tribunal wrote to Home Office and the ECO reminding them that they had not filed documents under AIT (Procedure) Rules 2005 Rule 13 by the specified date, Oct 10th. This is code for saying there was no Entry...
