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Vanakkam (Tamil)
It's been a quiet few weeks for the crux of what BritCits is about - fair family immigration rules for British citizens and our family. There is still no update on #MMcase, and ADR we await the hearing at the Court of Appeal in May 2017.
The silence from the Supreme Court on MM seems even more deafening now, when cases heard after the one of interest to us have already had judgments handed down; indeed, one heard in June is having its judgment next week. And we were there in February! However, with no choice, we continue to be patient and hope - the fingers-toes-everything-crossed variety of hope - that the judgment will bring relief to the thousands of families who have paid a huge price for the UK government's anti-migrant agenda.
ADR as a reminder is to be heard on two days between 3rd-5th May 2017 at the Court of Appeal (the court more superior than High Court, but not quite as high up as Supreme Court). Some of you have ADR appeals being heard at tribunal. The case note to share with your legal rep is here. This may help with the article 8 aspects of your case. We are also still fundraising for the case (the appeal permission comes up our having move money to pay the HO) - fundraising and donations welcome here.
There has however been quite a lot of movement on the EU front.
Happy reading folks and wish you an even happier weekend.
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IN THE NEWS
Just today Ministry of Justice announced the 500% rise in immigration fees brought into force from October is now scrapped; those who paid the fees already will be reimbursed. This doesn't mean no further increases are on the cards but a small victory for the moment at least.
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Our favourite politician (TM) has had her desire to lord it over Brexit shot down by the court. As the last 6 years have shown though, she is not averse to wasting taxpayers money appealing court decisions just cos they go against her.
Thus the Supreme Court is to hear the case on whether TM alone can lead UK out of the EU without parliamentary approval, between 5-8th December. The Scottish and Welsh governments will be joining the claimants in opposing the Brexit minister.
You can go to the court in person or watch the hearing live online. Baffling that it's Brexiteers proclaiming sovereignty as a reason for exit who are so pro-TM as dictator, and anti parliament sovereignty.
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Another story of a family torn apart by the Home Office; yes, the applicant apparently overstayed an earlier UK visa, but to refuse her spouse visa on the premise of insufficient evidence of a genuine relationship is insane, when the couple were have been married for over six years, and have two kids - marriage and birth certificates provided.
For the amount applications cost, you'd think caseworkers would be required to at least look through the paperwork properly rather than put families through the costly appeals taking years, lost forever.
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So, Trump is now President-elect. The maps showing the areas of USA supporting Trump and areas where the population does not have a passport are not exactly dissimilar. Perhaps this whole Brexit-Trump-world-is-going-crazy thing is a result of ignorance and fear of the unknown, rather than simply silly/evil people? Meh, draw your own conclusions.
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EEA REGS - CHANGE FOR SURINDER SINGH
UK has made a change so that Surinder Singh route is, from today, no longer applicable to family of Brits where the move to the other EEA state was to 'circumvent' UK immigration laws - their words. See 9 (4) (a).
This is not in line with case law, but now may not be a time to advertise your situation if you're still in the process, and onus should be on HO to prove circumvention anyway.
As always, make the most of your time abroad, enjoy the free movement, and who knows - like several BC members, you may choose to make your adopted country home, and not return to the UK after all.
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IRISH DELAYS
Since UK's anti-family agenda, more Brits have been exercising their treaty rights to live in another EEA member state, where, free of UK hindrance, they can enjoy the joys of living with loved ones. Ireland has been a popular destination, not least due to proximity, culture and importantly, language, aiding job prospects.
With this popularity has come excessive delays in processing family permits and residence cards, as a number of you will know from personal experience, and with the delays has come censure from the courts.
A family has won the right to have their application decided in 6 weeks, and this is going to have implications for all applying for a c-visas / family permit. Indeed, some may have already seen an improvement.
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FEATURED FAMILY
Rohit - A British citizen with an EU citizen spouse. Case in point of UK not abiding by EEA regulations even for EU nationals. Perhaps things for EU citizens are not as easy as people assume, with Rohit and his wife unable to sponsor their Indian parents / in-laws.
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