Free movement rights guide

[rydhwan]

All,

I am wondering if any of the members have access to older version of this guide:
Fee movement rights: Family members of British Citizen (Version 3.0).

https://www.gov.uk/government/publicati ... h-citizens

This is updated recently on 25t Oct 2017 and I wondering if anyone over here has access to any older version of this i.e. 2.0 or 1.5 etc.

This is a valuable resource as it tells you the criteria HO case workers use? In rejecting our case the use the new criteria.
In our appeal case apart from other case judgements like Akrich and others, I would also like to argue on this.
If you read the new guide you can see how they're trying to get around the judgement in Akrich etc.

So if anyone have access to old guide please feel free to share it here or just PM me.

Thanks
Rydhwan

[mkhan2525]

The current guidance just as much implements Akrich even though there is no mention of the judgment.

if one of the reasons for moving to another Member State was to avoid the requirements of the Immigration Rules but the residence in that Member State was in any case genuine (see stage 3), then the intention to avoid the requirements of the Immigration Rules is not in itself sufficient to refuse to issue a residence card.

I wouldn't worry about the abuse test in O and B because HO will first have to prove you did not meet the requirements of EU rules whilst resident in the Host Member State. If they accepted you lived there together and exercised treaty rights then that is the end of the matter.

[rydhwan]

The current guidance just as much implements Akrich even though there is no mention of the judgment.

if one of the reasons for moving to another Member State was to avoid the requirements of the Immigration Rules but the residence in that Member State was in any case genuine (see stage 3), then the intention to avoid the requirements of the Immigration Rules is not in itself sufficient to refuse to issue a residence card.

I wouldn't worry about the abuse test in O and B because HO will first have to prove you did not meet the requirements of EU rules whilst resident in the Host Member State. If they accepted you lived there together and exercised treaty rights then that is the end of the matter.

Yeah I know. However I gave an stupid answer to why I went to Ireland. I answer them truly which was that a friend referred me to famous article on BBC.
Funny enough they only cherry pick this statement and not my other statements like Mrs first asked me due to plenty of her friends lived there and I lost my job in UK, was very upset. Also I stayed there for nearly 2 years and only came back due to business failing and second pregnancy.

I think if I can also proof that there is no such guidance available in version 2.0 then I am all game.

[gillacious_505]

The current guidance just as much implements Akrich even though there is no mention of the judgment.

if one of the reasons for moving to another Member State was to avoid the requirements of the Immigration Rules but the residence in that Member State was in any case genuine (see stage 3), then the intention to avoid the requirements of the Immigration Rules is not in itself sufficient to refuse to issue a residence card.

I wouldn't worry about the abuse test in O and B because HO will first have to prove you did not meet the requirements of EU rules whilst resident in the Host Member State. If they accepted you lived there together and exercised treaty rights then that is the end of the matter.

Hi mkhan2525,
Do you have any appeal pending under the ss route ?

[mkhan2525]

We currently have a pending appeal.

[gillacious_505]

We currently have a pending appeal.

Is your appeal listed ?

[mkhan2525]

The appeal is listed for March next year. We have to wait a total of 8 months which is ridiculous since the Mrs is already in the UK.

When is your appeal and what were the reasons for refusal?

[gillacious_505]

The appeal is listed for March next year. We have to wait a total of 8 months which is ridiculous since the Mrs is already in the UK.

When is your appeal and what were the reasons for refusal?

Appeal is listed in march.

reasons for refusal: not enough proof for self-employment.

short stay about 4 months and coming to the same address(it was rented house where already a family member lived).
They never disputed integration. tonnes of evidence of integration.
I dont know how to go about with the appeal.

Do you know if people have successfully appealed in this category?
Whats your reasons for refusals?

[mkhan2525]

I don't know if people have succeeded in their Appeals as the Regulations only changed last November so we are probably the test cases. I know of a few others who have been living in Ireland for over two years and still got a refusal for obsurd reasons. They are also appealing which is taking anything from 8-10 months.

My Mrs was refused mainly for Circumventing UK Immigration rules. They also refused for Centre of life and not being a qualified person in the UK although evidence was provided and was ignored by HO.

We lived in Ireland for ten months.