I need urgent advice please help

[Obie]

I wholly disagree with the views expressed by you. In any event i was merely making a general comment, i was not referring to anyon's post in particular.

In the case of Metock, it took the UK a good part of over 3 years to change the lawful residence in another member state.

Judges had to get involved and instructed ECO to ignore 12(1)(b) (ii).

It was an utter nightmare, I saw the hardship and difficulties this lawlessness caused to scores of families.

Regulation 9 has still not been amended and i have dealt with 3 individual who have succeeded in their appeal following time spend in another state with their spouses and children, as Self Sufficient and Student.
Home Office they have not worked or Self-Employed, which is clearly wrong.

I know UKVI do lot of thinking, but how to correctly apply law, is not one of them.

I will go as far as to say, that the UKVI is is one of the most unlawful department in the UK. They are full of lawless entity.

There are many things i have doubt about, but the lawfulness of the "Center of Life " test , is certainly not one of them.

[mkhan2525]

Ok - but that doesn't change the earlier advice.

If you go down the Singh route, with the rules in place as they are, the only way to challenge them is through appeal - which (depending on how the Home Office are feeling) could be many many stages.

By the time you get to the other end you're STILL stuck in the other EU country with your spouse and *maybe* the situation has changed. Chances are, by the time you get there, you're at least 12 months further on and you could have just applied under the rules!

Until such time as UKVI remove the rules from their rule book (either through choice or through explicit court ruling) - they stand as far as UKVI are concerned (whether rightly or wrongly). They've have more than enough time to consider OB given it's been over 6 months and have still not removed the rules so they obviously feel they have some leg to stand on (although I've no idea what!). They've certainly removed other rules fast enough when they are struck down by the courts.

If they don't grant FLRM to my wife they will give her DL or I will apply for FLR FP 10 year partner route. On either route she will get a biometrics residence card which will give her 2.5 years permission to stay here. Within those 2.5 years I could do the Singh route for 6 months by looking for a job in Belgium. If for some reason when we exercise our treaty rights and they refuse and it goes to appeal she will still be entitled to stay in the UK until her leave expires.

I'm not in a hurry to go down Singh route but if HO don't grant FLRM then they will leave me no option but before I do if they refuse to grant FLRM I will take the matter as far as the Parliamentary Ombudsman if I have to.

[Wanderer]

Hi,

I applied for FLR(m) UK spouse visa on 12th of July 2014 using a Premium service at Sheffield. The decision was not been made on the same day because the assessor needed extra payslips and bank statements. She said she will make the decision asap after she get these documents. I sent these extra documents the next working day. I am switching from tier 2 sponsorship visa to spouse visa. Also i changed my employer 5 days before applying for my visa. I thought i will be able to work with the new employer. But unfortunately after working for a week with the new employer i came to know that i cannot work with them. So i had to quit the job. Its more than 2 months now that no decision has been made on my application, i have lost my job, i am living in a temporary accommodation. My local MP contacted the ukvi 2nd September and ask them to look into the matter urgently. Even i have written letter to my assessor after that. But all efforts in vain. This is such a pain even after choosing a premium service you cannot get a result as you expect. I am not sure what to do? Has anyone faced the same situation? Or anyone have got any suggestions? Or has anyone applied for the flrm during the same period and still waiting for the result ?

Thanks
Vinee

This post is unrelated to the thread, suggest you repost in a new one.

[mkhan2525]

Just out of interest I tried to contact the EU Commission to find out what was happening in regards to the "centre of life rule" and I received the following response from their enquiry centre.

From the reply I received I'm assuming this is a matter of courts in the UK to push the Home Office to comply with EU law?


Thank you for your follow-up message.

As you correctly pointed out, the Court of Justice of the European Union (CJEU) extended the favorable treatment also to those EU citizens who return to their home Member State after having exercised their right and resided in another Member State (Case - C-370/90 and Case – 291/05), for providing for example services in another Member State without residing there, ( Case C-60/00 – Carpenter).

In addition, the CJEU points out (Case C-456/12) that only a period of residence satisfying the conditions of Directive 2004/38/EC relating to a right of residence for a period of longer than three months will give rise to such a right of residence. The Court notes that, even when considered together, short periods of residence (such as weekends or holidays spent in a Member State other than that of which the citizen is a national) do not satisfy those conditions.

Please, note that as a general information service of the EU, we are neither in a position to provide legal advice nor can we assess whether a piece of EU legislation or CJEU decision affects each individual case. It is for the national authorities and the national courts to verify and establish all pertinent facts and enforce applicable law. Therefore, we advise you to seek legal advice at national level.

Nevertheless, anyone who believes that an EU country is breaching EU law may lodge a complaint with the Commission.

Complaints must be submitted in writing. Information on how to proceed and the actions the complaint might lead to is available here:
http://ec.europa.eu/eu_law/your_rights/ ... hts_en.htm


See also the heading "Make a complaint about breaches of EU law" in the right margin.

An infringement procedure at EU level does not substitute national redress. For example, only national courts can issue orders to administrative bodies and annul a national decision. You can read more about national redress on the abovementioned web page.

We hope you find this information useful. Please contact us again if you have other questions.

With kind regards,
EUROPE DIRECT Contact Centre
http://europa.eu - your shortcut to the EU!

[mkhan2525]

An update on our situation. I have received a rejection letter for our reconsideration request today and I would like some advice on taking the next step.

I did plan on going the SS route but with the high number of refusals I'm not sure its worth pursuing if we get stuck there.

I would rather my wife went back to Pakistan and applied again for entry clearance but I'm worried she will be refused for overstaying. What are our chances of getting the visa if she went back and applied from there? Also if I went the DLR route do we have a good chance of getting it and can we switch to new spouse visa/5 year partner route in country straight after if DLR is successful?

I meet the financial requirements to sponsor and wife has both A1 and B1 English language test.

Thanks.