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Just writing back to say you've submitted the documents before may not help as you have apparently been asked for more information.LisaP wrote:Hello again noajthan,
All the documents I have already provided with my application so should I resubmit them ? Or write to them stating that I have submitted everything that's been asked for?
There is no superseding here. OB was not dealing with the situation of a worker, neither was the court being asked if a worker should be exercising treaty rights upon their return.MrSlyFox wrote:Although I hope the case of eind still applies the later case of
Judgements of O and S stated;
- "where an EEA national has satisfied the above conditions, the provisions of the free movement directive apply by analogy where that EEA national returns to their member state of nationality" page 14: https://www.gov.uk/government/uploads/s ... Law-v3.pdf
Could the provision have been superseded? Meaning the British Citizen has to be a qp? Because that the only logical reason why they'd be asking for proof i'd assume.
LisaP wrote: Information they asking for:
Information and evidence to show that the British citizen is currently in the UK and looking for work, working or self employed, self sufficient or a student, or would have a right of permanent residence in the UK( if they were a national of another search member state)
Why should Eind not still apply?MrSlyFox wrote:That's fantastic if Eind is still applicable, but why did the HO ask for:
LisaP wrote: Information they asking for:
Information and evidence to show that the British citizen is currently in the UK and looking for work, working or self employed, self sufficient or a student, or would have a right of permanent residence in the UK( if they were a national of another search member state)
I think, the very fact that they asked for this evidence means that HO have very sneakily phased out Eind in a low key way. But the biggest paradox is that Eind Case law is still on the HO documentation. How can they possibly contradict what's there on the website.Obie wrote:Why should Eind not still apply?MrSlyFox wrote:That's fantastic if Eind is still applicable, but why did the HO ask for:
LisaP wrote: Information they asking for:
Information and evidence to show that the British citizen is currently in the UK and looking for work, working or self employed, self sufficient or a student, or would have a right of permanent residence in the UK( if they were a national of another search member state)
I have said many times that the November changes are mostly unlawful under EU law.
However I don't wish to dwell on it much as it is not the primary law of the land.
By the pathway of the 1972 Act, the courts are obliged to have no regards to it, in so far as it is in breach of EU law, which it is.
LisaP wrote:So should I get a solicitor or wait to see what happens? I think they are also being very sneaky about the whole thing