Urgent - Need Help please - EEA Family Permit Refused

[nemo]

Hi Directive/2004/38/EC,
Here are the answers to your query -

Did your parents apply for a RC in Ireland?

Yes we did within a week of entering Ireland.

How long were they there with you?

6months few days now still here in Ireland.

Where are you and they now?

We all are still in Ireland.

[Directive/2004/38/EC]

And what is the status of their Irish RC?

[nemo]

Should be getting a respone any day now. But what if there is bad news from them too?

[Directive/2004/38/EC]

Should be getting a respone any day now. But what if there is bad news from them too?

Exactly how many months has it been since you applied for the RC?

If the Irish issue the RC, then it is clear that your parents have been living in Ireland because of EU free movement law.

Keep on collecting evidence that your parents are dependent on you.

When is the appeal deadline for the EEA FP?

[nemo]

Gurus in preparation if i have to go down the appeal route...

Can you suggest any good lawyers/Solicitors in west London or nearby who are good with EU Laws, especially the Directive 2004/38/EC ?

Suggestions please.

[nemo]

Update -
We got the RC for Ireland approved today.

I am planning to make a fresh application..

Whats the boards view?


thanks
nemo

[nemo]

Its been over 3 weeks since we last applied for second application, still no response, any suggestion as to how we should proceed?

Complains, contact anyone specific.

WorldBridge only respond with standard non-useful emails.

Suggestions please gurus !

[jinkazama_11]

Its been over 3 weeks since we last applied for second application, still no response, any suggestion as to how we should proceed?

Complains, contact anyone specific.

WorldBridge only respond with standard non-useful emails.

Suggestions please gurus !

Can you please help me re what documents you submitted in order to prove that your parents are dependent on you?

Thanks

[dtm1]

Hi nemo,

Any updates yet?
Good luck and best wishes for a successful outcome for your parents.

Its been over 3 weeks since we last applied for second application, still no response, any suggestion as to how we should proceed?

Complains, contact anyone specific.

WorldBridge only respond with standard non-useful emails.

Suggestions please gurus !

[CheGuevara]

This seems wrong. What relationship do you have with the sponsor?

Lawful residence is no longer required as you rightly stated.

Regulations 9 (b)
If the family member of the United Kingdom national is his spouse or civil partner, the parties are living together in the EEA State or had entered into the marriage or civil partnership and were living together in that State before the United Kingdom national returned to the United Kingdom.

Is this Legal under EU law??

[Jambo]

This seems wrong. What relationship do you have with the sponsor?

Lawful residence is no longer required as you rightly stated.

Regulations 9 (b)
If the family member of the United Kingdom national is his spouse or civil partner, the parties are living together in the EEA State or had entered into the marriage or civil partnership and were living together in that State before the United Kingdom national returned to the United Kingdom.

Is this Legal under EU law??

1) regulation 9 is not part of the Directive. The Directive doesn't apply to nationals in their own country. It is implementation of ECJ ruling in the case of Surinder Singh.

2) Regulation 9 requires residence. Not lawful residence.

3) Under the terms of Surinder Singh (EU national exercising treaty rights), the residence of family members is automatically lawful.

[Obie]

There are upcoming cases in the CJEU. It will be interesting to see what the CJEU says, in circumstances, where the family member has not moved to another memberstate. As far as things in the UK are concerned, the Court of Appeal ruled in GC China, that the family member is required to have moved with the Union Citizen.

The extent to which metock affect this preposition is yet to be seen.

The Directive applies to UK national. Regulation 9 by law is required to incoperate the priciples established in the ECJ. That a memberstate own nationals has similar rights in their home country as if they are in another memberstates, in certain circumstance.

The ECJ stated that they have rights under the treaty. The directive is a secondary legislative provision, that gives right to primary right under the treaty, which a memberstates own national acquire in certain circumstances.

The ECJ in Morson and jhanjan did not seem concerned about the fact that the parents had not moved, all they were concerned about was the fact that the Dutch Son and daughter had not moved.

The the Son and daughter or Mrs Morson and Mrs Jhanjan had moved, the outcome might have been different, notwithstanding the fact that the parent had not moved with them.