My Name My Address
I am writing to you in regards to the application of my wife: Mrs [Wife]
Royal Mail Package: x (Delivered on 15th Jan 2013) HO Ref: x and Case ID: x
Further to my previous emails and correspondence, I am also writing to confirm the current IS96 restrictions upon my wife.
As stated in previous communications, Case C34/09 clearly states that a parent of a EU Citizen cannot be removed from the member state. This includes the home country of the citizen. I see that the UK reads this ruling differently to the wau it was intended but, the ruling was VERY CLEAR and SPECIFIC:
Article 20 TFEU is to be interpreted as meaning that it precludes a Member State from refusing a third country national upon whom his minor children, who are European Union citizens, are dependent, a right of residence in the Member State of residence and nationality of those children, and from refusing to grant a work permit to that third country national, in so far as such decisions deprive those children of the genuine enjoyment of the substance of the rights attaching to the status of European Union citizen.
As an IS96 reporting document is actually an Administrative Removal document, and it means that my wife is under removal instructions, I would state that this document breaches the EU regilations… I also note that the Border Operations Manual provides advice as to the issuing of a Temporary Admission.
As such, I would also expect confirmation in writing removing all restrictions which have been placed upon my wife. This includes reporting restrictions, work, and the right of my wife to reside at any address she so chooses to. – As EU law does not permit you to remove my wife, the fact that an IS96 document has been issued, despite a clear Derivative right of residence, and a CLEAR EEA2 application being valid: As stated, I worked in the EEA (Finland), therefore – following directive 2004/38/EC my family members are entitled to JOIN me upon my return to the UK. This JOIN does not state that my family member must travel with me at the time I return to the EEA home state (Surinder Singh case).
You have proof of my employment at the Espoo Institute of Business (confirmation letter attached to my wifes EEA2 application).
Please come back to me ASAP with a response to this… Here is a list of some interesting cases for you to look over:
In addition to this, please confirm that you have filed the complaint raised against Richard for his discrimination against my wife on her reporting event on 7-2-13. The fact that Richard stated my wife would be refused entry into Ireland was clearly discrimination. The fact that my wife is “encouraged” to “Go Home” (She is at home – with her family – two dependant children, and her husband) is clearly discrimination. The basis of this discrimination: Her lack of “official documentation to proove she has a right of residence”.
EU Law is her proof of residence: We attempted to regulise her stay within the UK and the process failed. with the response “There is no reason Mr P and Chloe P could not return to Indonesia with you” – thereby accepting that if my wife leaves the country so would her dependant. – and clearly this Immigration Decision (which gave no right of appeal?) was contrary to EU Law (as evidenced by case C-34/09.)