EEA Family permit for EU spouse might be scrapped

MAKUSA · Post by **MAKUSA** » Thu Dec 18, 2008 1:17 pm

The relevant chapter (chapter 3) which deals with EEA permit requirements has been suspended for an update.
EU is at last being effective and ensuring that countries like the UK are not allowed to blatantly refuse to implement directives.

http://www.bia.homeoffice.gov.uk/siteco ... dlaw/ecis/

charles4u · Post by **charles4u** » Thu Dec 18, 2008 3:44 pm

First-Class Moron wrote:The relevant chapter (chapter 3) which deals with EEA permit requirements has been suspended for an update.
EU is at last being effective and ensuring that countries like the UK are not allowed to blatantly refuse to implement directives.

http://www.bia.homeoffice.gov.uk/siteco ... dlaw/ecis/

Maybe and maybe not, we just cant be sure. They might just want to amend the requirements for the application EEA family permit or find another way to manipulate the Directive.

But lets see

Richard66 · Post by **Richard66** » Thu Dec 18, 2008 3:57 pm

There is not very much manipulation possible. The directive is clear as well as the European Commission's stance. Either they do it or face the consequences.

MAKUSA · Post by **MAKUSA** » Thu Dec 18, 2008 6:59 pm

my guess is that they would get rid of the Illegal family permit.

isceon · Post by **isceon** » Thu Dec 18, 2008 7:41 pm

European law in force another victory.

:lol:It` s about time The uk comply or pull out of Europe

Richard66 · Post by **Richard66** » Fri Dec 19, 2008 3:52 pm

Not scrap, because there are cases where it is legal, for example, when the non-EEA family member is not in possession of a residence card in an EEA country, because living outside of the EEA.

They will also need to change the EEA regulations, will they not? Those have not been withdrawn.

isceon · Post by **isceon** » Fri Dec 19, 2008 7:05 pm

EEA resident card holder do not need visa or family permit to travel within Europe that is the main purpose of free movement regulation 2004/38.
Non resident card holder can apply for a visa to travel .Certainly not a shamefull EEA family permit like the uk required with 17 pages of silly questions.
On the shenghen visa application form EEA family members do not have to answer the questions related to income or accomodation or else.
Why should it be different to the almighty UK?

Richard66 · Post by **Richard66** » Sat Dec 20, 2008 10:52 am

Let me correct myself: a simplified EEA FP for family members not in possession of an EEA residence card and which no exessive information is asked, only a marriage certificate.

charles4u · Post by **charles4u** » Sat Dec 20, 2008 11:23 am

Richard66 wrote:LÃ§et me correct myself: a simplified EEA FP for family members not in possession of an EEA residence card and which no exessive information is asked, only a marriage certificate.

You mean the EEA family permit will be necessary for only those who don't hold a Residence permit from any EEA ?

Non holders of EEA residence permit - EEA family is required to visit UK.

Holders of EEA residence permit - No visa is required to visit UK.

Richard66 · Post by **Richard66** » Sat Dec 20, 2008 3:29 pm

That is it, but according to EU rules, nt the ones the think up at Westminster or wherever they decide these things.

MAKUSA · Post by **MAKUSA** » Sun Dec 21, 2008 1:23 pm

Richard66 wrote:Not scrap, because there are cases where it is legal, for example, when the non-EEA family member is not in possession of a residence card in an EEA country, because living outside of the EEA.

They will also need to change the EEA regulations, will they not? Those have not been withdrawn.

I think you would find that you are wrong on that, according to the this case law, the requirement for family permit (Regulations 12 of EEA 2006 reg) is a UK law and not compatible with EU law.
irespective of were you are (within the EU or outside the EU)

http://www.ait.gov.uk/Public/Determinat ... px?Id=2040

CO (EEA Regulations: family permit) Nigeria [2007] UKAIT 00070

MAKUSA · Post by **MAKUSA** » Sun Dec 21, 2008 1:34 pm

charles4u wrote:
Richard66 wrote:LÃ§et me correct myself: a simplified EEA FP for family members not in possession of an EEA residence card and which no exessive information is asked, only a marriage certificate.
You mean the EEA family permit will be necessary for only those who don't hold a Residence permit from any EEA ?

Non holders of EEA residence permit - EEA family is required to visit UK.

Holders of EEA residence permit - No visa is required to visit UK.

The EEA family permit is an illegal addition by the UK authorities, so whether you have an EEA residence card or not, it is a an illegal request to have an EEA fam permit. The UK cooked up their own warped interpretation of the Directive.

It would be scrapped because it is an illegal requirement and is not compatible with community law.

charles4u · Post by **charles4u** » Sun Dec 21, 2008 1:37 pm

First-Class Moron wrote:
Richard66 wrote:Not scrap, because there are cases where it is legal, for example, when the non-EEA family member is not in possession of a residence card in an EEA country, because living outside of the EEA.

They will also need to change the EEA regulations, will they not? Those have not been withdrawn.
I think you would find that you are wrong on that, according to the this case law, the requirement for family permit (Regulations 12 of EEA 2006 reg) is a UK law and not compatible with EU law.
irespective of were you are (within the EU or outside the EU)

http://www.ait.gov.uk/Public/Determinat ... px?Id=2040

CO (EEA Regulations: family permit) Nigeria [2007] UKAIT 00070

Richard is just trying to guess the EEA family permit wont be totally scrapped out, it will be required for those who don't hold a EEA residence and will only need marriage certificate to apply.

I agree with Richard that this might be what UK will amend it to be, They cannot make it free entry for everyone (We just think it will be visa-free for only holders of EEA residence permits).

Richard66 · Post by **Richard66** » Sun Dec 21, 2008 2:07 pm

I think you would find that you are wrong on that, according to the this case law, the requirement for family permit (Regulations 12 of EEA 2006 reg) is a UK law and not compatible with EU law.

For once, First-Class Moron, I agree with you and hope I am wrong! Prove me wrong and for once I shall dance in the streets, in this case, on the street named after my family in the North of England!

MAKUSA · Post by **MAKUSA** » Mon Dec 22, 2008 2:20 am

Richard66 wrote:
I think you would find that you are wrong on that, according to the this case law, the requirement for family permit (Regulations 12 of EEA 2006 reg) is a UK law and not compatible with EU law.
For once, First-Class Moron, I agree with you and hope I am wrong! Prove me wrong and for once I shall dance in the streets, in this case, on the street named after my family in the North of England!

not trying to prove you wrong mate, just eager to see some justice in the right implementation of the the Directive.

Post by **vinny** » Mon Dec 22, 2008 4:27 am

See also Important Judgement : EEA Family Permits

Richard66 · Post by **Richard66** » Mon Dec 22, 2008 1:57 pm

not trying to prove you wrong mate, just eager to see some justice in the right implementation of the the Directive.

But I want to be wrong and I want to see this EEA FP binned, just like you!

charles4u · Post by **charles4u** » Mon Dec 22, 2008 7:27 pm

This stuff below doest seem like the EEA famiy permit will be totally scrapped, as we can see it was last updated 17th of Dec 2008.

21.4.1 - Handling and assessing applications for EEA family permits [Updated 17 December 2008]
Under EC law, priority must be given to applications for family permits. Wherever possible a decision should be made at the time it is lodged or after the interview is conducted. Applicants for EEA family permits should not be put into a settlement queue and an interview should be conducted as soon as possible. However, there is no requirement in the Regulations to say that EEA Family Permits must be issued on the day the application is made. Where doubts exist (for example whether applicants are related as claimed) further enquiries may be made, but these should also be given priority.

Requirement to demonstrate lawful residence: (Under review)

In assessing an application, you should be satisfied that:

the applicant is related as claimed to the EEA principal,
any children over the age of 21 and other family members (other than the EEA principal's spouse and children under 21) are wholly or mainly financially dependent on the EEA principal or satisfy one of the other conditions for extended family members (see Annex 21.1). The children of any age of a student should always be dependent.
In the case of "extended" family members you should consider dependence to be:

financial, or
'living under the same roof' - to mean a period of at least six months in the country of origin, and
the particular facts of the case merit issuing a family permit. See Annex 21.1 for a definition of extended family members as well as more information.
In addition, that:

the EEA principal is intending to travel to the UK with the applicant within 6 months of the date of the application and there is evidence that the EEA national will, on arrival, be residing in the UK in accordance with the Regulations, or the applicant intends to travel to join the EEA national who is already residing in the UK in accordance with the Regulations. Provided his/her stay in the UK does not exceed three months, an EEA national is not required to exercise a Treaty right (for example, by working). An EEA national who will be in the UK for more than three months will have a right of residence for as long as he/she remains a qualified person (see Regulation 6 of the Regulations).

http://www.ukvisas.gov.uk/en/ecg/chapte ... ee%20three

Richard66 · Post by **Richard66** » Mon Dec 22, 2008 8:11 pm

A bit of a mishmash that. When speaking of Surinder Singh cases they still speak about lawful residence.

charles4u · Post by **charles4u** » Tue Dec 23, 2008 9:33 am

Richard66 wrote:A bit of a mishmash that. When speaking of Surinder Singh cases they still speak about lawful residence.

You get the point..they will still request for legal residence, so we cant totally be sure they will scrap the EEA family permit. we shall see anyway but I believe it might be required for applicant outside EEA.

And again, if they want to totally cancel the EEA family permit then they would have make notice and correction on the UK immigration site and not just "EEA family permit application temporary unavailable" But the rest information about the EEA family permit applications and infos is still in the site and was even last amended this month and last month. It is only the EEA family permit application thats temporary unavailable..which means it will just be amended.

MAKUSA · Post by **MAKUSA** » Wed Dec 24, 2008 1:48 pm

Richard66 wrote:
not trying to prove you wrong mate, just eager to see some justice in the right implementation of the the Directive.
But I want to be wrong and I want to see this EEA FP binned, just like you!

I guess you were right, the ******* just amended a few lines of it.

charles4u · Post by **charles4u** » Wed Dec 24, 2008 3:20 pm

woooooooooooooooo I knew ittttttttttttttttttttttttttt
UK cant and will never scrap it off just like I thought and said, stubborn a$$.

EU/EEA family member are still required to obtain an entry visa before traveling to UK even if they hold any EU family residence.

Richard66 · Post by **Richard66** » Wed Dec 24, 2008 6:13 pm

Chapter 10 is still under review...

charles4u · Post by **charles4u** » Wed Dec 24, 2008 7:44 pm

Richard66 wrote:Chapter 10 is still under review...

I cant see any Chapter 10 on the list...and does that chapter relates to anything of changing or canceling the EEA family permit. We have seen there latest report stating EEA family permit is still required so whatever the other chapters or so will say doesnt change anything I guess.

Richard66 · Post by **Richard66** » Thu Dec 25, 2008 3:45 pm

Chapter 3, sorry.

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EEA Family permit for EU spouse might be scrapped

EEA Family permit for EU spouse might be scrapped

Re: EEA Family permit for EU spouse might be scrapped

i would bet on the end of family permit

EEA FAMILY PERMIT IS NOT COMPATIBLE

EEA Fam would be scrapped

Re: EEA FAMILY PERMIT IS NOT COMPATIBLE

just eager for clarification

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