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30th July 2015
Kumusta! (Filipino ).  After a wee break, re back and ready to report on recent interesting developments.  Many congratulations to the families who have successfully obtained UK visas or Residence Cards - may the happy news continue to flow.

IN THE NEWS
BritCits member David Sheekey takes to the media to air his views on the 'Kafka-esque' permeating UK family immigration when his wife of nine years has been refused even a visit visa.
 
UK RESIDENCE CARDS
You may have seen from our facebook and twitter already, but the UK government has again changed the application forms used for UK Residence Cards.  This makes it the fourth version of the form this year alone.

Reminder that there is NO compulsion to use these forms. See pages 4,12 and 49 of guidance issued to caseworkers confirming applicants should not be refused for not using their specified forms.

Applicants therefore continue to have the choice as to whether to use
i) the most recent form (at 91 pages for family members, an improvement on the 137 one, but still unnecessarily long)
ii) one of the earlier ones (of which the 37 page one is probably the most reasonable)
iii) no form at all, simply a cover letter. - though you may wish to use the 37 page one as a guide as to the info you would need to submit.

Whichever option is chosen depends on your confidence and attitude, applicants should provide all required supporting documentation and where the most recent form is not being used,
  • include biometrics and payment pages from the most recent form - we're aware of rejections simply because an older payment page was submitted. 
  • perhaps refer to the above guidance to show that even in not using the most recent form, you're on the right side of the law.
If in any doubt, please seek specialist immigration advice, read this post by Colin Yeo, and remember, if you give the Home Office too little information, you should be able to re-apply with more evidence, but information provided once cannot ever be taken back.
FAMILY OF THE WEEK
Rachel & Ahmed - a young couple caught up in net of UK family immigration.
ADULT DEPENDANT RELATIVES
Our claim for a hearing in the High Court on the adult dependant relative rules, deemed by parliamentarians and lawyers as a ban masquerading as a rule,  is in the very final stages and due to be issued.  We then will wait to hear on whether i) we get permission ii) what, if any, the level of the Protection Costs Order will be.  Watch this space.
UK AND MCCARTHY

Several months ago, we made a Freedom of Information request to the Home Office on how they were envisaging the McCarthy ruling would apply to family members of British citizens holding an Article 10 Residence Card issued by another Member State.

Reminder that UK on the back of the McCarthy ruling accepted that where a family member of a EU citizens holds an Article 10 Residence Card issued by other member states, they are not then required to obtain a UK Family Permit or any other visa.  However, they seem to especially exclude family members of Brits who have exercised treaty rights.  Clarification was sought for what appears to continued discrimination against British citizens adopted by our own government.

As  Home Office ignored our request, we complained to the Information Commissioner's Office which on 27 July 2015 ordered the Home Office to respond to our request within 35 days.  Failure to do so could result in the Commissioner taking the Home Office to High Court
FUNNIES
Not immigration related but the funniest thing I've read all year. 

A judge presiding over a case involving British Airways, had a bad experience with the airline personally - the kind that many will identify with.  In order to ascertain whether the issues in the two cases overlapped, because if they did, he would have to recuse himself, he tried to obtain information from the airline, which had not been forthcoming.

The judge in my view shows character, a sense of humour and a 'let's not beat around the bush' attitude that is refreshing. Perhaps he's not 'all proper' - so what?  I'm tempted to provide tidbits, but don't want to spoil it for you. If prepared to invest an hour or so (I promise it's so worth it), perhaps read in this order:
  • from legal cheek  - the court transcript is a MUST. Hilarious beyond belief and not as long as it appears (double spacing)
  • an analysis of the judgment  - read the judgment too, the judge's personality and views shine through

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