Does the Sean McCarthy case have any impact on your parents?

[xlnallnat]

May I ask this question?

We know that at present, it is almost impossible to bring your parents to the UK permanently.

Today I read EU judges have ruled that the UK cannot block non-EU family members from entering the country without a travel permit in a decision that potentially opens Britain’s borders to large numbers of non-EU nationals.

More details here:

http://www.theguardian.com/uk-news/2014 ... pean-court

Essentially, it centres on Sean McCarthy, a dual British and Irish national living and working in Spain, and his wife, Patricia McCarthy Rodriguez, a Colombian citizen. They have two young children who are both British citizens.

Mrs McCarthy claimed she should be allowed to travel to the UK with her British family without having to obtain a British visa as she holds an EU residence card issued by the Spanish government.

However, the British government has until now required Mrs McCarthy to obtain a “family permit” visa every six months if she wants to travel to the UK.

The McCarthys took action against the UK government under the EU’s freedom of movement rules, arguing that Mrs McCarthy should not have to apply for a visa every time she wants to travel.

The European court of justice in Luxembourg, which interprets EU law, ruled in the McCarthys’ favour on Thursday, stating that freedom of movement rules do not allow measures that – in pursuit of an objective of general prevention of abuse – preclude family members from entering a member state without a visa.

The win could potentially open Britain’s borders to large numbers of non-EU nationals who live with EU citizens across the continent.

Can anyone explain whether this case has any impact on the parents? For example, what if you are originally from China and you already have the UK passport? Does this Sean McCarthy case make it easier for your Chinese parents to enter the UK?

Thank you

[tastylentils]

It's a very interesting case, and I too would like to know what this means for all of us with family members. As far as I can fathom, as of now there's no effect because there is on going case in the high court. The government has said it would wait until the high court makes its determination. When this will be and if its the Sean McCarthy case or something related, I cannot fathom. Also we should bear in mind that the uk government may twist the ruling of the judge into a new set of pre-conditions for us exiled Brits and our families.

[sagareva]

Sorry folks, no this case doe snot have much impact on your parents.
It does not really affect anyone's right to come to the UK, rather just a need to have a FP issued.
It is very useful to have this ruling because it should teach the HO to not require documents which the law does not require.
But this applied to family members of EU citizens excercising their rights as EU citizens, which does NOT apply to UK citizens vis a vis their own state.
So for instance, it affects a right of a Latvian guy to bring HIS parents to the UK, or your right to bring your parents to Latvia -- rights that both of you already have, except now you don't need a family permit.
The reason this guy, even though he is British, was able to take advantage of EU law, is that his life in another EU country qualified him as EU citizen vis a vis UK immigration law (think Surinder Singh route).

[xlnallnat]

@sagareva: Thank you so much for your clear explanation. So it does not have an impact on the parents issue in my case.