forney-again-again wrote: ↑Thu Oct 27, 2022 11:44 amImportant!
Did the Home Office refuse your application because you had leave to remain under Appendix FM on 31 December 2020?
Are you filing an appeal with the First Tier Tribunal?
1.) You may want to submit a copy of the Withdrawal Agreement to the Court
2.) The Withdrawal Agreement says judges have to take into account case law after 31 December 2022.
3.) The EU Court says that a Zambrano carer based in the Netherlands is entitled to permanent residence after five years.
https://assets.publishing.service.gov.u ... munity.pdf
March 2022September 2022Can a parent who is a third-country national and resides in a Member State by virtue of the right that he or she derives from the status of citizen of the European Union of his or her child, a minor, rely on that residence before the authorities of that Member State with a view to obtaining the status of long-term resident?(This statement from September means that Zambrano carers are not temporary residents).Article 3(2)(e) of Directive 2003/109 must be interpreted as meaning that the concept of residence ‘solely on temporary grounds’, which is referred to therein, does not cover the residence of a third-country national under Article 20 TFEU within the territory of the Member State of which the Union citizen concerned is a national.
Article 4 of the EU Withdrawal Agreement
Methods and principles relating to the effect, the implementation and the application of this Agreement
1. The provisions of this Agreement and the provisions of Union law made applicable by this
Agreement shall produce in respect of and in the United Kingdom the same legal effects as those
which they produce within the Union and its Member States. Accordingly, legal or natural persons shall in particular be able to rely directly on the provisions contained or referred to in this Agreement which meet the conditions for direct effect under Union law.
2. The United Kingdom shall ensure compliance with paragraph 1, including as regards the required powers of its judicial and administrative authorities to disapply inconsistent or incompatible domestic provisions, through domestic primary legislation.
3. The provisions of this Agreement referring to Union law or to concepts or provisions thereof shall be interpreted and applied in accordance with the methods and general principles of Union law.
4. The provisions of this Agreement referring to Union law or to concepts or provisions thereof shall in their implementation and application be interpreted in conformity with the relevant case law of the Court of Justice of the European Union handed down before the end of the transition period.
5. In the interpretation and application of this Agreement, the United Kingdom's judicial and administrative authorities shall have due regard to relevant case law of the Court of Justice of the European Union handed down after the end of the transition period.
Hi Forney
Thanks so much for this information, I shall be using it to build my case.
Have a good day