Amendment to EEA Regulation from 1/01/2014 Singh diluted

Post by **Obie** » Fri Dec 06, 2013 11:33 am

Amendment to EEA Regulations

There will be lots of Court Cases lining up for the UK government.

It is safe to say that some of these provision have no basis in the Directive and some even violate the case law of the CJEU.

We seem to be getting back to the 11 (2)(b) of the EEA Regulation 2000 days.

Radconn · Post by **Radconn** » Fri Dec 06, 2013 12:03 pm

What exactly are these changes? Does anyone have any definitive information?

askmeplz82 · Post by **askmeplz82** » Fri Dec 06, 2013 2:08 pm

Obie wrote:Amendment to EEA Regulations

There will be lots of Court Cases lining up for the UK government.

It is safe to say that some of these provision have no basis in the Directive and some even violate the case law of the CJEU.

We seem to be getting back to the 11 (2)(b) of the EEA Regulation 2000 days.

Well I think many people will fail then in surinder Singh route

Family members of United Kingdom nationals

(b)the United Kingdom national did not leave the United Kingdom in order to enable his family member to acquire rights under these Regulations and
thereby to evade the application of United Kingdom immigration law;

(c)on his return to the United Kingdom, the United Kingdom national would, if he were an EEA national, be a qualified person; and

Post by **Obie** » Fri Dec 06, 2013 3:25 pm

UK courts would be bound by the 1972 act to ignore that provision .

euroguys · Post by **euroguys** » Fri Dec 06, 2013 3:57 pm

“Family members of British citizens

9. (1) If the conditions in paragraph (2) are satisfied, these Regulations apply to a person who is the family member of a British citizen as if the British citizen (“P”) were an EEA national.

(2) The conditions are that—

(a)P is residing in an EEA State as a worker or self-employed person or was so residing before returning to the United Kingdom;

(b)if the family member of P is P’s 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 the EEA State before the British citizen returned to the United Kingdom; and

(c)the centre of P’s life has transferred to the EEA State where P resided as a worker or self-employed person.

(3) Factors relevant to whether the centre of P’s life has transferred to another EEA State include—

(a)the period of residence in the EEA State as a worker or self-employed person;

(b)the location of P’s principal residence;

(c)the degree of integration of P in the EEA State.

(4) Where these Regulations apply to the family member of P, P is to be treated as holding a valid passport issued by an EEA State for the purpose of the application of regulation 13 to that family member.”.

It wasnt very long ago they were saying even if the only reason was to where did the previous post come from?

Eindt wasnt case law then so the brit needing to be qualified wont fly

looks to me like they have upped the requirements not to have put your house hereon hold while you set up residency for a few months elsewhere

Post by **Jambo** » Fri Dec 06, 2013 11:27 pm

It seems that the HO is really trying hard to make it difficult for British citizens to bring non EEA family members to the country.

Post by **Obie** » Fri Dec 06, 2013 11:38 pm

It seem so. It will be interesting to see what Advocate General Sharpton, who happens to be a British, will say in her opinion in O S next week.

I believe these rules are unlawful. A British national who has exercised her rights of free movement derive her rights from the Treaty and not the EEA Regulations. So I cant say how the UK can impose a qualification of that right, and how a national court can accept this.

I accept that one cannot spend one day in a memberstate and return back to the UK and claim right under Surinder Singh, but this thing about level of integration, and centre of residence, is totally unlawful. The test is, have the person undertaken genuine and effective work.

Nevermind the 1 year ban, and asking pepple to prove their rights during the currency of their Residence card.

The only positive thing is the recognition of Residence card from other states such as Germany and Estonia, and the revognition that a person who had been exercising treaty rights on other capacity can become a worker.

OLUMUYIWA · Post by **OLUMUYIWA** » Sat Dec 07, 2013 12:16 am

How will this affect people who have already submitted an application under the SS route , and are awaiting decision?

Post by **Jambo** » Sat Dec 07, 2013 12:21 am

OLUMUYIWA wrote:How will this affect people who have already submitted an application under the SS route , and are awaiting decision?

Those would benefit from the transitional arrangements in place and will be dealt with according to the old rules.

Post by **EUsmileWEallsmile** » Sat Dec 07, 2013 7:24 am

It is good to see that other member states' article 10 residence cards will be accepted in lieu of visa (no mention of article 20 cards though).

Why Germany and Estonia and not the other member states? The answer may well be here

http://www.bailii.org/ew/cases/EWHC/Adm ... /3368.html (see point 105).

Post by **vinny** » Sat Dec 07, 2013 8:40 am

OLUMUYIWA wrote:How will this affect people who have already submitted an application under the SS route , and are awaiting decision?

Note the Commencement date also.

Universal soldier · Post by **Universal soldier** » Sat Dec 07, 2013 11:43 am

Someone should interpret the whole amendments in easy understandable tune as what it is all about?

Post by **Obie** » Sat Dec 07, 2013 12:02 pm

There will be lots of difficulties for people using the calais route come the new year.

Not sure those officer will be trained to undertake the complex examination stipulated in the regulation.

I must say , that the regulations is becoming as complex as the immigration rules

jinkazama_11 · Post by **jinkazama_11** » Sat Dec 07, 2013 12:08 pm

how one can prove integration in EEA state?
Do I have to sell my house in the UK?
This is clearly against the directive. Is it possible to challenge this?

Post by **Obie** » Sat Dec 07, 2013 12:15 pm

Certainly. As the rules are not yet in force, no challenges can be brought.

The government to seek a quick situation, where the put in a rule, if it is challenged, they will say, lets wait until OS is out,, and then see what the court says.

However this is a matter that has already been decided by the court, so no such justification can be acceptable.

jinkazama_11 · Post by **jinkazama_11** » Sat Dec 07, 2013 12:22 pm

sorry for my ignorance but what is O S

Post by **Obie** » Sat Dec 07, 2013 12:49 pm

Case of O.

Case of S.

I think all potential Surinder Singh people, who will be applying for an EEA family permit or Residence Card after 01/01/2014, are best advised to seek legal advice on their position.

I envisage a significant number of Refusal in the New year under this category.

General advice could not longer be provided for people in this category, most are most likely going to have to resolve their case in court.

chaoclive · Post by **chaoclive** » Sat Dec 07, 2013 1:24 pm

I've had a quick read through this but I'm not sure how things are changing.

Is it just that they are going to seek more evidence on whether or not people have been integrated into the host country society? That they don't maintain a residence in their home country (UK)?

I'm guessing that they will change the application form in the future?

357mag · Post by **357mag** » Sat Dec 07, 2013 1:27 pm

Hmm, we maintain residencies in UK and Philipines and intend to maintain one or more in Eire, so where does this leave people with many homes around the world?

Universal soldier · Post by **Universal soldier** » Sat Dec 07, 2013 1:27 pm

So mainly it will hit the surinder Singh route people with more complicated formalities but how ukba staff will learn about that as they already lack even basic knowledge in many occasions. But why these regulations specially coming in force from the same day when Bulgaria and Romania will be restrictions free, is it seeming coincidence or purposeful, if purposeful then how it will affect them?

Post by **Obie** » Sat Dec 07, 2013 1:36 pm

chaoclive wrote:I've had a quick read through this but I'm not sure how things are changing.

Is it just that they are going to seek more evidence on whether or not people have been integrated into the host country society? That they don't maintain a residence in their home country (UK)?

I'm guessing that they will change the application form in the future?

I dont agree with you, integration, centre of residence are complex terms, which no one can predict.

AngieD · Post by **AngieD** » Sat Dec 07, 2013 2:17 pm

It will be interesting to see what the guidelines issued to UKBA staff will have to say on the matter. WE may get more of an idea of what the interpretation of these ridiculous changes actually are.

There is little point in speculating as no one has been refused yet.

chaoclive · Post by **chaoclive** » Sat Dec 07, 2013 2:33 pm

Obie wrote:
chaoclive wrote:I've had a quick read through this but I'm not sure how things are changing.

Is it just that they are going to seek more evidence on whether or not people have been integrated into the host country society? That they don't maintain a residence in their home country (UK)?

I'm guessing that they will change the application form in the future?
I dont agree with you, integration, centre of residence are complex terms, which no one can predict.

I was not making statements. If you notice, there are question marks after both of the possibilities that I've noted above, meaning that they are questions...nothing to disagree with.

Post by **Obie** » Sat Dec 07, 2013 2:41 pm

It appeared to me, that based on your reading, you were putting it to me , that the changes will not have much effect.

I do apologise, if i perceived your question, as a fact that you were putting to us.

chaoclive · Post by **chaoclive** » Sat Dec 07, 2013 3:01 pm

Haha. Not sure that anyone knows the 'facts' yet...definitely not me!

I was looking for others to feed into the possibilities, but I guess we will just have to wait and see.

Hope it doesn't cause problems for anyone!

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Amendment to EEA Regulation from 1/01/2014 Singh diluted

Amendment to EEA Regulation from 1/01/2014 Singh diluted

Re: Amendment to EEA Regulation from 1/01/2014

Germany and Estonia