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Chaprer 3 in European Casework Instructions missing!

Posted: Sun Sep 02, 2012 4:12 pm
by SRAQAI
Ive been looking at this document, which discusses the implications of the Metock case on UK rules, in regards to family members and the EEA Spouses. The Document is here:

https://docs.google.com/viewer?a=v&q=ca ... WQz7aaFjUg

On Page 6, it states that Chapter 3 of the European Casework instructions have been changed to take into consideration the Metock case. However, when you actually go onto the instructions, conveniently, Chapter 3 is missing! Above, it asks you to link onto the 'modernized guidance', however when you click on it, there is a list of PDF documents, but non of them relating to the freedom of movement of Union Citizens and their family members. Am I looking in the wrong place?

I have tried google, and I cannot find any document anywhere about this, does anyone here know where I can find this document? Here is the link to the European Casework Instructions:

http://www.ukba.homeoffice.gov.uk/sitec ... dlaw/ecis/

Thank you

Posted: Sun Sep 02, 2012 6:04 pm
by EUsmileWEallsmile
You may find this page interesting.

http://www.ukba.homeoffice.gov.uk/polic ... /eun/eun2/
EUN2.5 What did the ECJ judgment on Metock say in relation to issuing EEA family permits?

The ECJ judgement on Metock in July 2008 prohibited Member States from having a general requirement for non EEA spouses of EEA nationals to be lawfully resident in another EEA member state before they can benefit from a right to reside under the EU Free Movement of Persons Directive. Therefore, we can no longer apply the lawful residence requirement (which was based on the case of Akrich) or our own domestic legislation (the Immigration Rules) to family members seeking first admission to the EEA from outside the EEA.

Posted: Sun Sep 02, 2012 9:31 pm
by keffers
Seek and ye shall find.

It is to be found under modernised guidance (it does say this but it is not immediately noticeable)

The link:

http://www.ukba.homeoffice.gov.uk/sitec ... -swiss-ec/

Posted: Tue Sep 04, 2012 7:34 am
by SRAQAI
Oh thats great! Thanks so much for the link :)