EEA Family Permit under SS but refused EEA2

[rosebead]

I know of someone who got an EEA Family Permit under Surinder Singh rules but was then refused EEA2. I'm just wondering, is that legal? Once it has been accepted by the UK that you qualify under Surinder Singh rules and so can enter the UK, can they then legally turn around and say that you no longer qualify and so cannot continue living there? How does that even make sense!

[Sunshine86]

Hi

On what grounds was it refused? They would have stated the reason for the refusal and is this refusal justified in your opinion?

Thanks
Rav

[rosebead]

Centre of Life was the reason for refusal - not enough time spent in the host State, not enough integration, principal residence was not in the host State, blah blah, the usual nonsense.

Although that's not really the point - the UK had already accepted once that the British sponsor had transferred their centre of Life, so how could they legally double back and then say that they hadn't.

[Obie]

The person has an appeal right i guess.

They should seek to exercise it.

[rosebead]

Thanks Obie, do you think the FTT would automatically allow the appeal on the basis that the British sponsor had already proved once that they had met Regulation 9 and so they do not have to prove it again? Or will it have to be more complicated than that.

[Obie]

Centre of Life is not the law. It is inconsistent with CJEU jurisprudence.

They will have to allow it.

EEA family permit is not law, but a significant weight will be given to that.

[malik89]

Hello obi how can I contact with you because I want to give you a case and it's London Base many thanks if you can help me I don't know how to send you PM.