在回复Immigration (EEA) Regulations 2006 which extends the benefit of the EU rules to British citizens who return home with non-EU family members after having exercised free movement rights.
So when arriving in the UK, a British citizen would have to demonstrate to a border official that they worked in another Member State and lived there together with their family member to meet the conditions of regulation 9. Presently British citizens would also need to show they had transfer the centre of their life to that Member State. However, these two additional conditions are contrary to C-456/12 O & B.
在回复eile。
我们认为内政部对欧盟法院C-202/13 McCarthy案的裁决采取了不适当的限制性观点，该裁决明确认为，2004/38号指令第5条规定的免签适用于欧盟公民及其家庭成员，当他们寻求进入他们的欧盟亲属的祖国时
在回复Chetan。我们正在要求内政部澄清这个问题。我们认为他们对欧盟法院在C-202/13 McCarthy案中的裁决采取了不适当的限制性观点。< / p >
The High Court’s final judgment in the McCarthy case should hopefully confirm that the CJEU’s ruling applies to the family members of both EEA nationals and returning British citizens. The hearing has been pencilled in for 20 May 2015.
In the meantime, we advise all family members of British citizens returning home to apply for an EEA Family Permit to avoid being refused entry to the UK.
非常感谢–我们发现你们网站上的信息非常有用和有趣
上面的网站是我反对英国政府给我的妻子签证的请愿书，我的妻子是俄罗斯公民，她在法国有居留证(Carte de sejour)。我收到这个关于规则变更的信息的时候，请愿书只需要再点击一次就可以提交了。!!!！< / p >
I still don’t understand why this judgement won’t apply to ” Surinder Singhers” i.e. Family members of British Citizen . Appendix A in a reply to FOI request by BritCits at point 10 says that such applications are still governed by Article 9 of the Regulations. However, in Article 9, it is no where mentioned that an EEA Family permit should be applied for or issued before a Family member of a British Citizen can travel to the UK. in fact Mr McCarthy was a British Citizen himself (although he has dual citizenship of Irish and British).
May be I’m too optimistic!!
Am I right, the McCarthy family, they won the case, yet the UK will still demand an EEA family permit from the McCarthy family ? because Husband is British/Irish, and we know from different McCarthy case (same name different family) That dual British/Irish are treated as being British only for EEA purposes.