Vreemdelingenrecht.com - het weblog

Just when we thought we had seen the back of the  2006 EEA Regulations, it appears that  the Court of Appeal is  not  quite yet  done with their interpretation: the  Court  of Appeal is  still having to  grapple  with arguments put forward  that  the UK Government did not  correctly  implement the parent Citizen’s Directive via the 2006 Regulations. In Ahmed v The Secretary of State for the Home Department [2017] EWCA Civ 99 , the  issue which arose was the correct interpretation of Regulation 10(5) and 10(6) of  the  2006 EEA Regulations. Mr Ahmed sought to establish  an independent right to reside  in the UK as the former spouse of an EU national. He applied for an EEA residence card in January 2014. He  only received a certificate of application in September 2014.  At  the date of the divorce, which became absolute on 19 June 2014, Mr Ahmed’s wife had been working ...

  Consideration of the questions referred   The first question 25       By its first question, the referring court asks, in essence, whether Article 41(1) of the Additional Protocol must be interpreted as meaning that the ‘standstill’ clause set out in that provision precludes a measure of national law, introduced after the entry into force of that additional protocol in the Member State concerned, which imposes on spouses of Turkish nationals residing in that Member State, who wish to enter the territory of that State for the purposes of family reunification, the condition that they demonstrate beforehand that they have acquired basic knowledge of the official language of that Member State. 26       First of all, it should be noted that it is settled case-law that the ‘standstill’ clause set out in Article 41(1) of the Additional Protocol prohibits generally the introduction of any new ...

Look at these cases: Shock as Filipino wife faces being thrown out of Britain left to right Father Brian Deane, Sister Lisa Moss, Wife Emily Deane, Neil Deane, Mum Ann Deane, Brother Brian Deane Jr. Published on Tuesday 19 March 2013 09:12 A father has said his family will be “torn apart” if his foreign-born wife loses a last- ditch fight to stay in the UK. Emily Deane, 29, has been told she will be sent back to her native Philippines before the end of the month forcing her to decide whether to take her one-year-old daughter, Lucy, with her or leave her with husband Neil, who lives in Preston. The UK Border Agency has questioned the validity o...

Congress removes a draconian fate for foreign-born spouses of U.S. citizens who die With a 79-19 Senate vote, Congress has corrected one of the more draconian immigration policies to be visited upon foreign-born spouses of American citizens. Called the ``widow's penalty,'' the policy allows immigration officials to annul spouses' applications for permanent residency when their American husbands or wives die before the marriage is two years old. The U.S. government has long maintained that the marriage must last that long before the foreign spouse is eligible for a residency application, and that has put hundreds of widows and widowers whose mates died before that time period in line for deportation. The House has already passed the same provision, which is part of a Homeland Security bill, and President Obama has said that he will sign it. Good. This rule has caused untold hardship for grieving spouses, quite often widows with young children. Such was the case...