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Will SS Route be closed by HO/Government?
Posted: Thu Jan 21, 2016 12:52 pm
by Saga
Is the government thinking of closing the SS route?
Can anyone share any news on this please?
Re: Adult Dependant Visa for parent who is currently in the
Posted: Thu Jan 21, 2016 12:55 pm
by noajthan
Saga wrote:Is the government thinking of closing the SS route?
Can anyone share any news on this please?
Government cannot simply close the route as it is not a loophole or a scam it is part and parcel of EU free movement.
Re: Adult Dependant Visa for parent who is currently in the
Posted: Fri Jan 22, 2016 3:20 am
by secret.simon
The SS Route exists as a part of an ECJ/CJEU interpretation of the EU treaties. The UK can not unilaterally change or get rid of the SS route, but...
The UK has already tightened the interpretation of the SS Route by including a "center of life" test that does not exist in EU law.
Depending on the negotiations happening at the moment in Brussels, the UK could get exemptions (derogations in EU language) from parts of EU law. It could possibly (not certainly) include exemptions from immigration law.
Were the UK to leave the EU, there would be negotiations between the UK and EU. That would determine which EU laws will apply to the UK. Given that the EU debate is being led and shaped by immigration, there is a good chance that EU immigration law (and so the SS route) will cease to apply to the UK.
Request to mods - Can the last three posts in this thread be spun off into a new thread as its discussion is wider than that posted by the OP.
Re: Adult Dependant Visa for parent who is currently in the
Posted: Fri Jan 22, 2016 12:59 pm
by itsmanu
secret.simon wrote:
Depending on the negotiations happening at the moment in Brussels, the UK could get exemptions (derogations in EU language) from parts of EU law. It could possibly (not certainly) include exemptions from immigration law.
Say on 19th February EU member states and UK comes to some sort of an agreement and they agree to one of the demand made by UK
"Restricting the right of migrants to bring non-EU family members into the UK" .
How soon do you think this changes will come into effect. Would be like with in weeks, months or year(s)?
I am in the middle of the SS journey and really worried about this. As, if the changes come into effect with in weeks or couple of months from February I would be in very difficult situation.
Can some senior member or moderators please throw some light on this?
Re: Will SS Route be closed by HO/Government?
Posted: Fri Jan 22, 2016 1:01 pm
by Casa
IMHO year(s).
Re: Will SS Route be closed by HO/Government?
Posted: Fri Jan 22, 2016 1:06 pm
by itsmanu
Casa wrote:IMHO year(s).
Thanks Casa.
Re: Will SS Route be closed by HO/Government?
Posted: Fri Jan 22, 2016 2:59 pm
by secret.simon
itsmanu wrote:Say on 19th February EU member states and UK comes to some sort of an agreement and they agree to one of the demand made by UK
"Restricting the right of migrants to bring non-EU family members into the UK" .
Firstly, the above has not been publicised as a key demand of the UK government in the negotiations.
Secondly, the odds of getting a unanimous agreement among the 28 member states of the EU on something as central as free movement by February are fairly slim. I believe that it is this process that
Casa is referring to as taking years to complete.
But, in the unlikely event that both events listed above occur, I would argue that the UK government can change the law within the space of weeks, given that the agreement of all other 27 member states means that the Treaties will be modified sooner rather than later. Indeed, I imagine that draft legislation has already been prepared and is only awaiting the Minister's signature and possibly a 40 day delay for Parliament to reflect on the new law.
Re: Will SS Route be closed by HO/Government?
Posted: Fri Jan 22, 2016 3:04 pm
by Casa
secret.simon wrote:itsmanu wrote:Say on 19th February EU member states and UK comes to some sort of an agreement and they agree to one of the demand made by UK
"Restricting the right of migrants to bring non-EU family members into the UK" .
Firstly, the above has not been publicised as a key demand of the UK government in the negotiations.
Secondly, the odds of getting a unanimous agreement among the 28 member states of the EU on something as central as free movement by February are fairly slim. I believe that it is this process that
Casa is referring to as taking years to complete.
Correct
But, in the unlikely event that both events listed above occur, I would argue that the UK government can change the law within the space of weeks, given that the agreement of all other 27 member states means that the Treaties will be modified sooner rather than later. Indeed, I imagine that draft legislation has already been prepared and is only awaiting the Minister's signature and possibly a 40 day delay for Parliament to reflect on the new law.