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13th February 2016
 
Is ka warran (Somalian)

Nearly two weeks after the draft declaration was released, what exactly it would mean for free movement is still foggy.  I've been asking the lovely Steve Peers, Professor of EU Law and Human Rights Law at the University of Essex a million questions about the process, timescales and where we could end up. I totally recommend you read his analysis yourself.  In terms of timescales, the EC proposes that the draft, if accepted by the leaders of the other member states, will come into force only once UK confirms it wishes to remain in the EU.    There is a summit between the various leaders next week which is also worth keeping an eye on.

With the EU referendum looming, it's worth questioning what restricting free movement would mean for British citizens in other parts of Europe. The Leave campaign surely can't be so smug to think we could close the route to younger, fitter Europeans coming to work here while other EU countries will be happy to keep British pensioners? 

Time shall tell. In the meantime, we await with much anticipation the legal challenge to the UK rules for both, spouses (MM case) and adult dependant relatives so as to be done with situations like this that a PhD student found himself in due to having a non-EEA wife and that of Ethan, in Family of the Week below.

Have a lovely weekend folks and stay warm.

ADR

We have done it. The fundraising target has been reached. A huge thanks to all those who are supporting the campaign.

This is our battle for the right to be able to live with our family and the more of us who are in this together, the stronger our side is.  Together we stand several inches taller.

I came across a particularly heartbreaking case last week of a British citizen whose father was refused a settlement visa.  Although the family defeated the Home Office at tribunal (and even then, outside of the rules) the decision came a day after her dad had passed away. so he died without even knowing of the victory :(

This family is keen to ensure no one else goes through what they did; when the situation is so desperate that our loved ones are in poor health, we should not have to spend precious time and energy taking on the HO.
 
Looking ahead

Keep an eye on this Facebook event page setting out details of the legal challenge.

FAMILY OF THE WEEK - ETHAN

Ethan is a British citizen who has the means to look after his parents in the UK.  However with UK's family immigration rules preventing him from doing so, Ethan has now left the country.

DAVID CAMERON'S FACEBOOK VIDEO

For some light amusement, you may enjoy David Cameron's Facebook Friends video, the man who said when people's love is divided by the law, it's the law that needs to change....hmmm.

MM CASE - SPOUSE VISA RULES

What is the MM case? MM is one of the claimants in the case challenging the lawfulness of the income threshold.  The hearing will also involve a discussion of Article 8, the right to family life.

When and where is it in? Monday 22nd - Weds 24th February at the Supreme Court in London - highest court in the land.  Not far from Westminster and Victoria.  Likely will be in court 1, which is a very grand room.

Can I attend?  Yes! There is a meet-up outside the court from 9:30 on Monday 22nd Feb, and the hearing will start at 10:30-11am.  The more of us there, the more obvious it will be to the judges the wide-ranging impact of the rules.  So whether you come for one day or all three, do show your support. More info here.

Are kids allowed? Yes, but they're likely to get bored inside the courtroom as we'll need to be quiet during the hearing. 

PERMANENT RESIDENCE UNDER EEA REGS

Several of you have been asking about permanent residence.  You may find this response a member got from YEA interesting - the authorities are aware that with a very long application form (still optional) UK is imposing excessive formalities.

For Surinder Singhers, it is your activity in the country you exercised free movement rights in before UK which is relevant, so keep the papers used for the other country's Residence Card and the UK Residence Card, safe.

Most will be eligible for PR five years after entering the the UK.  However applicants who have reached retirement age may be able to apply after three, as long as they have worked for the preceding 12 months.  See UK law at 2006 EEA regulations which transposes article 17 under Reg 15.

    

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