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EEA Family Permit in light of EU court ruling on Ireland

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flyboy
Member of Standing
Posts: 255
Joined: Sun Jan 21, 2007 12:32 pm
Location: Geneva / Lausanne,CH
Switzerland

EEA Family Permit in light of EU court ruling on Ireland

Post by flyboy » Thu Jul 31, 2008 3:07 pm

With regard to the EU court ruling against Ireland demanding prior residence in an EU state to issue residence card to non EU family members of EU citizens, can anyone tell me whether those family members of EU citizens applying for EEA family permits from outside of the EU/EEA , still have to satisfy the requirement according to UK immigration rules , as stated on the following link in section 1.2.1 and section 2.3 or will the same rules apply as for those family members applying for an EEA family permit from within the EU/EEA?

http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary

article on court ruling against ireland on this link:

http://euobserver.com/22/26547

irishkin
Newly Registered
Posts: 14
Joined: Thu Nov 29, 2007 2:46 pm

Re: EEA Family Permit in light of EU court ruling on Ireland

Post by irishkin » Fri Aug 01, 2008 4:22 pm

flyboy wrote:With regard to the EU court ruling against Ireland demanding prior residence in an EU state to issue residence card to non EU family members of EU citizens, can anyone tell me whether those family members of EU citizens applying for EEA family permits from outside of the EU/EEA , still have to satisfy the requirement according to UK immigration rules , as stated on the following link in section 1.2.1 and section 2.3 or will the same rules apply as for those family members applying for an EEA family permit from within the EU/EEA?

http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary

article on court ruling against ireland on this link:

http://euobserver.com/22/26547
My reading of this case is that it is exactly what it dealt with - UK can't impose immigration rules point, very similar to Irish registration.
I don't know how long it will be though before the casework instructions will get updated, but from my point of view the answer is quite clear. You only need to satisfy definition of a family member under EU directive, that's it!

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