Sorry Rolfus i totally missed your post. I did not have the post notification in place until recently.Rolfus wrote:I submitted my argument as outlined in my post of Dec 6th 10.18 am, and the judge didn't bat an eyelid. I didn't volunteer the difficulty raised by Obie. Written judgment probably won't reach me until January.
A big congratulations to you and your partner, and wish you every happiness for the future.
The good thing about these argument is, if properly argued it could succeed, but the other party will be fortunate in most cases to get a narrow minded judge who is not prepared to buy it, and you could find the Secretary of state being given permission to appeal or for reconsideration, and find that these argument are overturned, and a poor immigration Judge being told he/she erred in law.
As the law stands, the UKBA don't accept a minor child can have family members or even Extended family member for the purpose of the Citizen directive.
They believe special provisions are made in Paragraph 257C of the immigration rules for them
These might all change if this upcoming ECJ cases are all answered in the positive.(Yoshikazu Iida v City of Ulm)