irgsandy, it makes no difference to 'centre of life' whether your husband's father chooses to apply for a FP out-of-country or an EEA2 in-country - the test for centre of life will be the same. If you skip FP and apply for EEA2 in-country, but get rejected, at least you won't have to wait for your a...
As you probably know, any developments in CJEU law will be very slow to be reflected in UK legislation unfortunately and consequently in EEA FP/EEA2 applications. That said, all CJEU case law can be used in arguments in appeals court, even if the Home Office won't change its stance at the FP applica...
Is you husband the Brit? I presume his father is non-EU, otherwise he would not need either FP or EEA2. Your father-in-law lives with your husband in Ireland, right? Your father-in-law cannot go to the UK alone and apply for EEA2 unless your husband is also back in the UK with him, if that is what y...
I don't know if it helps but earlier this year the CJEU further clarified what 'dependency' means through Case C-423/12 Flora May Reyes v. Migrationsverket - see here
chaoclive, the Citizenship Directive simply says you need only be enrolled at an establishment that is accredited or financed by the Member State if you want to exercise your treaty rights as a student. However I'd strongly recommend to anyone to carry on following the UK's Immmigration (EEA) Regula...
357mag, indeed Case C-456/12 does include students and those self-sufficient. In Question 3, I think Your Europe only mentions 'workers' and 'genuine economic activity' because it is in relation to what constitutes 'abuse' of Community rights in the case laws they cited (Akrich, Levin, etc). Thus yo...
I wrote to Your Europe with further questions about Case C-456/12. Here is the Q & A: QUESTION 1. Please define what 'created or strengthened a family life' exactly means. Does 'created or strengthened a family life' simply mean that you have lived with your family member in the host State, or d...
357mag, yes the definitions of what constitutes a 'family member' in Directive 2004/38 still stands. Look carefully at the wording in the relevant paragraph (see below) and you will notice that there is an ellipsis [ ... ] at the bottom of this paragraph. This denotes that the paragraph has been sho...
Is there a problem with ‘abuse’? The Explanatory Memorandum to the Statutory Instrument introducing the new EEA Regulations 4 states that one of the reasons for the change is “preventing abuse by those British citizens who move temporarily to another member State in order to circumvent the requirem...
Dalebutt, that is absolutely shocking that the ECHR by a tiny margin should effectively rule that a non-naturalised Danish national cannot marry a non-EU national. Denmark has an absolutely draconian domestic rule that only Danish nationals who have had Danish citizenship for 28 years can be eligibl...
Thank you, Obie, for posting Colin Yeo's analysis, it was really useful. Your previous analysis was dead-on i.e. that residence under Article 7 together with your spouse was sufficient to trigger a right of return under Surinder Singh. I had thought similar to you apart from the "create or stre...
Raj5, if you take a look at the Home Office letter it says that family members mentioned in Regulation 7 fall within the scope of Regulation 9. That is all you have to worry about. As to why it's only spouses that are mentioned in Regulation 9, my guess is as I said, because if you are married you w...
Raj5, if you're talking about this: "9(2)(b) if the family member of P is P’s spouse or civil partner, the parties are living together in the EEA State or had entered into the marriage or civil partnership and were living together in the EEA State before the British citizen returned to the Unit...
There is no definitive 'yes' if you read that thread as it seems to be a grey area still, however it would appear that some Brits have been in fact been successful in obtaining EA Family Permits for their family members by renouncing British citizenship.
raffy35, take a look at this thread: http://www.immigrationboards.com/eea-route-applications/your-europe-advice-re-renouncing-citizenship-t154574.html Raj5, you can only bring in your parents if they are dependent. Here's a Home Office letter that details the relevant EEA regulation, Regulation 7, a...
Yes that's true, Obie, having a Residence Card only means that you've met the host's requirements AT THE TIME of your application but not necessarily for the whole of your residence. Only a Permanent Residence Card can convey that (for 5 years of residence at least anyway).
Euroguys, is the UK asking you for proof of CHI in the host country? Like you, I would've thought that a Residence Card is proof that you as the sponsor met all of your host country's requirements to its satisfaction. Immigration (EEA) Regulations only have three requirements: 1) that you worked or ...
Obie, but the European Commission in their guidance for better transposition of Directive 2004/38/EC in 2009 did consider that using the Surinder Singh route solely to avoid national immigration laws is a form of "abuse". The Commission did however stress that if the exercise of Community ...
Dalebutt, my reading of paragraph 57 is that yes it is for the courts to decide whether sponsors have established "genuine residence", however they cannot disregard points made in the ECJ judgment when making their decision, such as paragraph 53 which states that exercising treaty rights (...
Like Obie, I don't think it's all that bad. My reading of Case C‑456/12 is that you can establish 'genuine residence' just by exercising treaty rights (in accordance with Article 7). Also in principle, returning citizens should not be treated more harshly than citizens in a host country when it come...
Case C‑456/12 (Case O & B): http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62012CJ0456:EN:HTML And Case C‑457/12 (Case S & G): http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62012CJ0457:EN:HTML My initial take on it is that it's probably not the best result for fron...
Radconn, where did you post your appeal to? Perhaps that would be the place to write to? Were you given any reference or case i.d. number? If so, I would try writing to the appeals address with your reference number and ask for a reconsideration. No harm in trying. I found this gov.uk link with info...
