Post
by limarian » Thu Apr 28, 2011 7:24 pm
My Mother in Law came to the UK as a spouse with a six month Family Permit. 'The Permit says 'you need to report to the Home Office' - she did not do this and assumed that she had a Right of Residence through her marriage to her French husband and didn't need to do anything at all. There is literature that says that applying for a Residence Card is not necessary - See Chapter 2 of the European Casework Instructions as well as the UKBA Visa Application Guide dated 10 October 2010. She was deported when her FLR application failed and now wishes to challenge the Home office for overriding her Right to Remain. The grounds for refusal referred to her unlawful presence in the UK giving her no grounds for leave to reamain - but I am puzzled by that judgement in view of the above references. Any views much welcomed??
