Ignoring other family members, this should mean that an EU national who has established himself in a host member state would be treated as a citizen of the host member state unless his spouse already has lawful residence in a member state. This makes a lot of sense. It preserves freedom of movement...

It's a complete can of worms. If a marriage before the non-EU partner comes to the EEA disqualifies, and de facto relationships count as marriages, ECOs will want to establish that there was a de facto relationship before they came to the EEA! That nice and clearly explained Richard, thank you. So,...

This is all still presuming married couples, how does it affect DR couples? It's a complete can of worms. If a marriage before the non-EU partner comes to the EEA disqualifies, and de facto relationships count as marriages, ECOs will want to establish that there was a de facto relationship before t...

Ok, so how about if a french national, marries a columbian studying in france and then move to the uk? Provided the student's permission to be in France confers 'lawful residence', that's allowed by the proposed law. However, I'm not sure they could move back to France relying on EU law. I'm having...

I'd understood it was devised purely to give those EU citizens living and working in EU States other than their own a path to import their non-EU inamorata as they cannot use their home State rules (not resident) nor their current State's rules (not a local Citizen). To be honest I don't know exact...

However, I still am not sure I get this right: if an EU national residing in the UK marries a non-EU who never set foot in Europe (let's say marries them in a country outside EU) and then the EU national brings them on a family permit to the UK (which seems to be the situation of many on this forum...

Either you have a very good memory or very good research skills. A very specific and relevant precedent to cite. Would you know when the doctrine of "legitimate expectations" was introduced into immigration law? Or did it not apply in 1968 because an Act of Parliament is not questioned by...

There are 2 clauses here: 1) Non-EU national do not have prior lawful residence in a member state or 2) Marrying EU national after he has established residence in the host member state. Note that the first clause is: 1) Non-EU national do not have prior lawful residence in a member state before mar...

So if i am from Lebanese nationality, went to latvia before they joined eu as a student, then married my wife (latvian-eu) after they joined the eu, came to UK on family visa then eea2 will that mean am targeted bow? If your entire residence in Latvia up until you married your wife was lawful, I be...

I fear Noajthan is under the misapprehension that you are in Belgium in the capacity of a non-EEA family member of an EEA citizen, and therefore protected by Directive 2004/38/EC, whereas you are probably in Belgium under purely Belgian immigration law.

We have recently applied for NTL for my husband. He was working and his passport ran out, they asked him to renew it so he did and then they have issues with the visa not being in the new passport so we had to apply for BRP. All the while my husband is not allowed to return to work. This sounds wro...

Don't place too much emphasis on residence cards. They only confirm status; they don't grant it. Remember the 1968 Immigration Act, which suddenly made most East African CUKC passports issued by the UK government invalid for entry to the UK. The only protection is the difficulty of working out who w...

However because I had prior legal rights to live in "a" host state (UK being an EU member thus is "a" host state), and we got married in the UK, then my spouse would be able to bring me with him to another EU country because we satisfy both criteria: 1) I had legal right to live...

2) EU national living in the UK marrying a non-EU spouse who is currently living in the UK on a valid visa such as Tier 2 General won't allow the non-EU spouse to stay in the UK on the basis that the EU national is exercising his/ her treaty rights Correct. However, they can move together to an EU ...

3) If a EU national living in his home-country marries a non-EU spouse in the EU national's home country, then the EU national won't be able to bring his non-EU spouse to the UK because the non-EU spouse do not have prior lawful residence in the UK Wrong, assuming the non-EU spouse was lawfully res...

according to their point of view they cannot totally scrap EU family member rights regardless the nationality as its against EU human right and UK human right as well . like they have to give resident permit to the direct family member (spouse, husband , wife , children ) of legal person in this co...

1) if a EU national currently living in the UK marries a non-EU citizen that is currently not living in the UK/ EU, the non-EU citizen will not be able to move to the UK based on the fact that the EU national is now in the UK exercising his treaty rights It's not clear whether lapsed residence will...

German national with Chinese spouse (who never lived in the EU) wants to move to France. Now, France should apply national legislation. Which national legislation? The laws that they have to reunify are: 1. French citizens with their spouses? 2. Non-EU citizens with their non-EU spouses? (like Indi...

It's not at all clear to me that Mrs Jun0607 in fact has comprehensive sickness insurance. From the Guidance on Qualified Persons , it all depends on whether the insurance policy covers her for 'medical treatment in the majority of circumstances'. If Mrs Jun0607 does have comprehensive sickness insu...

We do not know what will happen to family members who are non-EEA nationals who cease to qualify for free movement. It has probably not been thought through. As the change will be made to clamp down on 'abuse', they will very probably be unable to move to any other EEA state under EEA rules. The wor...

However, I don't have any hope that we can kill this proposal by voting to leave the EU. It has supporters, perhaps as misunderstood, in other members of the EU. Richard W , did you mean to say that we can't kill this proposal by voting to remain in the EU? Logically, leaving will kill the whole fr...

The CJEU has special status in the Treaty and it decision has special status in the European communities Act 1972 . I wonder how in law this proposal can have the effect of overturning Metock, Jia. Overturning Metock is simple in principle. Metock is based on the 'Citizens' Directive', Directive 20...

British people will go to the polls on the 23rd. I believe it will be business as usual on the 24th June. You think those laws will not go into effect after the referendum? The rules for decisions are unlikely to go into effect until Monday 27 June. This is when primary purpose will appear in EEA d...

I did not say 24 June 2017 , I said 24 June 2016 . A day after the referendum. I understood. I am selfishly worrying about the longer term, where those already in the EU may find they have lost their right of free movement. There's also the prospect of utter chaos if the loss of rights affects thos...

Obie wrote:I believe it will be business as usual on the 24th June.

What about 24 June 2017?