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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.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/
You mean the EEA family permit will be necessary for only those who don't hold a Residence permit from any EEA ?Richard66 wrote:Lçet 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.
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.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 Those have not been withdrawn.
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.charles4u wrote:You mean the EEA family permit will be necessary for only those who don't hold a Residence permit from any EEA ?Richard66 wrote:Lçet 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.
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.
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.First-Class Moron 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.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.
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
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!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.
not trying to prove you wrong mate, just eager to see some justice in the right implementation of the the Directive.Richard66 wrote: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!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.
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.Richard66 wrote:A bit of a mishmash that. When speaking of Surinder Singh cases they still speak about lawful residence.
I guess you were right, the ******* just amended a few lines of it.Richard66 wrote:But I want to be wrong and I want to see this EEA FP binned, just like you!not trying to prove you wrong mate, just eager to see some justice in the right implementation of the the Directive.
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 wrote:Chapter 10 is still under review...