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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
OK, but now those presenting similar cases know exactly the arguments to put forward.Do not get too excited it is not a starred case so can not be used in future appeals.
But there cannot be many cases that are lost when the other side does not turn up and is not represented. That is surely an unusual circumstance.Mr B was not fussed one way or another actually
Wonder why this case was 'unreported'?AIT Practice Directions (consolidated version as at 30 April 2007) wrote: 17. Reporting and citation of determinations
17.1 The decision whether to report a case is that of the Tribunal and is not perceived to be an issue in which the parties to the appeal have an interest.
17.2 A determination is reportable if and only if it follows a hearing or other consideration where the jurisdiction of the Tribunal was exercised by the President, a Deputy President or a senior immigration judge (whether sitting alone or with another member or members).
21.4.1 - Handling and assessing applications for EEA family permits [Updated 17 December 2008] wrote:Requirement to demonstrate lawful residence - (Under review)
If the application is made from outside the EEA:
* Under Regulation 12(1)( b )(ii), if the applicant cannot demonstrate lawful residence in an EEA Member State (includes those applying from outside the EEA), they also meet the requirements of the relevant Immigration Rules for leave to enter the UK as the family member of the EEA national where the EEA national is a person present and settled in the UK, in order to qualify for an EEA Family Permit. This would include refusal considerations on general grounds under Paragraph 320. If they satisfied the Rules, they must be issued with an EEA Family Permit free of charge.
http://www.ukba.homeoffice.gov.uk/sitec ... dlaw/ecis/John wrote:Vinny, that is great that you have spotted the difference! It is very difficult to spot something that is no longer there!
Metock is starting to make a difference!
Is it just me, or is the UKBA withdrawing more and more procedures? The 14 years concession, the 7 year child concession, now the EEA Family Permit. And on which basis are the applications handled when there are no guidelines? If all the caseworkers were experienced lawyers, they could probably go by the legal situation and applicable case law, but somehow I doubt that.eufreemovement wrote:http://www.ukba.homeoffice.gov.uk/sitec ... dlaw/ecis/
Chapter 3 - Issue of an EEA Family Permit - This chapter has been temporarily withdrawn.
Frontier Mole wrote:I see a re-write of the UK EEA regs. which may not be a bad thing.
The EU law is busting great chunks out of the the regs. so why try and fix a sinking ship when they can build a new one that has a better chance of staying afloat.
Can't see the UK totally buying into free movement, there are just to many scare factors for the Gov to deal with.
Exactly...vinny wrote:Frontier Mole wrote: Can't see the UK totally buying into free movement, there are just to many scare factors for the Gov to deal with.
The amendment is not what the EU law says. Still they are applying Immigration Rules especially for other family members, where there is no such basis in the community law. Soon the EU law will force to change the illegality of HO procedures and Laws.charles4u wrote:They just amended it...EU family members are still required to obtain an entry visa before traveling to UK.
http://www.bia.homeoffice.gov.uk/siteco ... dlaw/ecis/
Interesting. My last copy is from a year ago, and a lot has changed since then. But it seems that all further tests for family members have been dropped: only the check for marriage of convenience and public policy (etc) is still listed. So it seems that it should be a lot easier now to apply for an EEA Family Permit as a family member.charles4u wrote:They just amended it...EU family members are still required to obtain an entry visa before traveling to UK.
http://www.bia.homeoffice.gov.uk/siteco ... dlaw/ecis/
We shall see when this will happen cus I personally dont think UK will ever drop it making visa-free for EU family members..but lets see when this will happen..maybe 2011.eufreemovement wrote:The amendment is not what the EU law says. Still they are applying Immigration Rules especially for other family members, where there is no such basis in the community law. Soon the EU law will force to change the illegality of HO procedures and Laws.charles4u wrote:They just amended it...EU family members are still required to obtain an entry visa before traveling to UK.
http://www.bia.homeoffice.gov.uk/siteco ... dlaw/ecis/
See the below link from the commission report.charles4u wrote:We shall see when this will happen cus I personally dont think UK will ever drop it making visa-free for EU family members..but lets see when this will happen..maybe 2011.eufreemovement wrote:The amendment is not what the EU law says. Still they are applying Immigration Rules especially for other family members, where there is no such basis in the community law. Soon the EU law will force to change the illegality of HO procedures and Laws.charles4u wrote:They just amended it...EU family members are still required to obtain an entry visa before traveling to UK.
http://www.bia.homeoffice.gov.uk/siteco ... dlaw/ecis/
thsths is is better? cus they request for all the same documents and I dont see whats changed when you still have to show financial status and other stuffs.