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by TracyCK
Thu Apr 08, 2010 8:42 pm
Forum: EU Settlement Scheme
Topic: Family permit refused again!
Replies: 13
Views: 4167

Thanks for the replies. We have decided to apply again.. this time I have shown our flight tickets to the UK. Also my bank statement which shows I have the funds for our trip. I cant see any reason for them to refuse us again! Wet26 - I have thought of doing this. The only problem that I see is at ...
by TracyCK
Wed Apr 07, 2010 11:22 pm
Forum: EU Settlement Scheme
Topic: Family permit refused again!
Replies: 13
Views: 4167

I was refused twice in Madrid because my British boyfriend (but now husband) was not a qualified person. They haven't got a clue. Technically, your partner doesn't need an EEA FP to enter and reside with you in the UK. He already has the right by virtue of your relationship, the EEA FP would obviou...
by TracyCK
Tue Apr 06, 2010 11:22 pm
Forum: Europe immigration forum
Topic: States that apply Directive 2004/38 to its own citizens
Replies: 53
Views: 41040

Ah, we have something here: It is the EU who has intervened as much as it could to discourage the practice of reverse discrimination by saying that people with two EU citizenships are protected by community and not national law. Hence my comment about effective nationality still holds good, as this...
by TracyCK
Sat Apr 03, 2010 7:11 pm
Forum: EU Settlement Scheme
Topic: Family permit refused again!
Replies: 13
Views: 4167

The UK Embassy in Rabat, Morocco took 5 weeks to refuse my partner's application, also quoting out of date regulations. Our situation is further complicated however by the fact that I am British. What EEA nationality are you and where do you live currently? Why are you applying from Morocco? We have...
by TracyCK
Sun Mar 21, 2010 10:15 pm
Forum: Europe immigration forum
Topic: Non compliance of Article 3 of Directive for Family Members
Replies: 84
Views: 22025

I think u r arguing that you should be entitled to use EEA rules irrespective of having exercised a treaty right? I think your flogging a dead horse with this one, the EEA rules are there to faciltate those who cannot use their own immigration rules (because they live abroad) and/or cannot use loca...
by TracyCK
Sun Mar 21, 2010 8:20 pm
Forum: Europe immigration forum
Topic: Non compliance of Article 3 of Directive for Family Members
Replies: 84
Views: 22025

The thing is that the UK didn't write EU Law, they have only transposed it with their own interpretations but ultimately, they must abide by it. It is a well known fact that they have not transposed correctly regarding 3rd country Family Members and also that they do not treat their own nationals fa...
by TracyCK
Sun Mar 21, 2010 6:39 pm
Forum: EU Settlement Scheme
Topic: surinder singh HELP!!
Replies: 3
Views: 1164

The UK have stated themselves that they would like to see 6 months. However, within EU law, there is no minimum period at all to be considered as exercising those rights and can be as little as a couple of weeks on a short term work contract. The UK may balk, and probably will (if my own recent expe...
by TracyCK
Sun Mar 21, 2010 5:49 pm
Forum: Europe immigration forum
Topic: Non compliance of Article 3 of Directive for Family Members
Replies: 84
Views: 22025

Appeal against refusal for EEA Family Permit We would like to appeal against the decision to refuse an EEA Family Permit to my partner, Rachid **** on the grounds that the reasons stated are unfounded, invalid and not applicable. I, Tracy ****, the partner of the applicant, have this past week had ...
by TracyCK
Sun Mar 21, 2010 5:41 pm
Forum: Europe immigration forum
Topic: Non compliance of Article 3 of Directive for Family Members
Replies: 84
Views: 22025

I wrote nearly a whole update a little earlier today and then hit the wrong key and lost the lot! Grrr.... Anyway, I will start again. A lot has happened so I will try to summarize to keep it brief. Unfortunately, nothing really good to report yet, but we are still fighting.... Rachid returned to th...
by TracyCK
Fri Feb 26, 2010 12:36 am
Forum: Europe immigration forum
Topic: Working in the EU with an EEA residency permit
Replies: 55
Views: 8927

Surely freedom of movement itself is a Treaty right and therefore by simply entering a member state, a Treaty right has been exercised? As EU Citizens, we can (in theory) hop from one member state to another without restriction and that extends to our Family Members. To me, this is a no brainer, the...
by TracyCK
Mon Feb 08, 2010 6:09 pm
Forum: Europe immigration forum
Topic: Non compliance of Article 3 of Directive for Family Members
Replies: 84
Views: 22025

I called Rachid at about 1pm to make sure he was in Rabat and he told me that he was on his way back, empty handed. Apparently, not sure if he got to the Embassy and then got the call or whether he got the call on route, but he got a call from the lady there to tell him that they haven't finished pr...
by TracyCK
Sun Feb 07, 2010 12:38 am
Forum: Europe immigration forum
Topic: Non compliance of Article 3 of Directive for Family Members
Replies: 84
Views: 22025

Well, time for a big update! The fat lady isn't quite singing yet, but she is getting her voice warmed up! :) The Gibraltar Ombudsman was a bust, incredibly stating that since my 'Host' Member State appeared to be Spain, the Directive didn't apply upon our application to enter Gibraltar! I have post...
by TracyCK
Tue Jan 26, 2010 5:49 pm
Forum: EU Settlement Scheme
Topic: Back in UK after Surinder Singh route...Advice with EEA2 ?
Replies: 10
Views: 4251

Re: Economic activity upon return to ones country of origin

What proof does the UK immigration require that its national has exercised his/her right of free movement in another EU/EEA Member State and when can/must the spouse join? I have just seen this Danish helpfull site. Is there an english site? http://www.nyidanmark.dk/en-us/coming_to_dk/familyreunifi...
by TracyCK
Tue Jan 26, 2010 12:04 pm
Forum: Europe immigration forum
Topic: Non compliance of Article 3 of Directive for Family Members
Replies: 84
Views: 22025

Thought I would pop in and post an update. Nothing good, I am afraid but slowly getting closer, I suppose. I am currently in Spain with my son in school and my partner is in Morocco, we talk every day via Skype but I think I have reached the end of my strength and will return to Morocco with my son ...
by TracyCK
Sat Jan 02, 2010 8:43 pm
Forum: Europe immigration forum
Topic: Non compliance of Article 3 of Directive for Family Members
Replies: 84
Views: 22025

No real update to share unfortunately... Today, I emailed a complaint about Spain and Gibraltar to the EU Commission which I will put below as it summarizes the past year for us and gives status of where we are. We still have not married, neither of us actually want to marry in Morocco and we are so...
by TracyCK
Thu Dec 17, 2009 9:35 am
Forum: Europe immigration forum
Topic: Non compliance of Article 3 of Directive for Family Members
Replies: 84
Views: 22025

Tracey, I have had similar problems in the past....but SOLVIT will not get involved if legal proceedings are ongoing....what you need to do is file a complaint with the EU commission. That is what worked for me! Ok it took a while but they are the ones that can help you! Here is the link below - ht...
by TracyCK
Thu Dec 17, 2009 8:28 am
Forum: Europe immigration forum
Topic: Non compliance of Article 3 of Directive for Family Members
Replies: 84
Views: 22025

A quick update.... I had a response from SOLVIT yesterday which I have posted below, along with my reply to them which I have sent this morning. They are self explanatory, so I wont add any more.... lol RESPONSE FROM SOLVIT Good morning Ms **** I am responding to the complaint you have logged with S...
by TracyCK
Tue Dec 01, 2009 1:52 pm
Forum: Europe immigration forum
Topic: Non compliance of Article 3 of Directive for Family Members
Replies: 84
Views: 22025

Hello Tracy. You are quite a scrapper,very admirable tenacity you got going there.Two points. 1)Inasmuch as your grounds of having a durable,long standing partnership as required is a pretty strong one,having a marriage certificate brings you completely under the ambit of the law,the border guards ...
by TracyCK
Fri Nov 27, 2009 5:07 pm
Forum: EU Settlement Scheme
Topic: EEA Family Permit
Replies: 22
Views: 8819

So should the ECO not have advised the in-laws to apply for a regular family visitors visa instead of just fobbing them off? Yes, I think that they should have done. I forgot to pick up my beating stick and bang the drum on that one... :wink: Now, the OP is asking what she should put in the appeal ...
by TracyCK
Fri Nov 27, 2009 4:12 pm
Forum: EU Settlement Scheme
Topic: EEA Family Permit
Replies: 22
Views: 8819

I think this thread may have gone a little off topic..... apologies for continuing that! Junior's family were presumably part of his household until he moved to Germany, and from that point, were dependent upon him. Whether that depency was/is wholly, or in part is irrelevent. I think the main probl...
by TracyCK
Fri Nov 27, 2009 3:30 pm
Forum: EU Settlement Scheme
Topic: EEA Family Permit
Replies: 22
Views: 8819

Re: Scope of eligibility for family reunification

The following family members fall within the scope of eligibility for family reunification with an EU national who has exercised his/her right of free movement in another EU/EEA Member State: * Spouse * Registered partner * Regular cohabitant over 18 years of age * Direct descendants under 21 years...
by TracyCK
Fri Nov 27, 2009 2:21 pm
Forum: Europe immigration forum
Topic: non eu spouse of eu member going to france
Replies: 13
Views: 5541

Good Luck on Monday! The Visa Application is pretty standard and the same across all of Schengen regardless of what type of Visa you need to apply for. The link to the application above will be fine so that you can take it in with you already completed. Just remember that you don't need to answer an...
by TracyCK
Fri Nov 27, 2009 2:15 pm
Forum: EU Settlement Scheme
Topic: EEA Family Permit
Replies: 22
Views: 8819

This is interesting to me as it appears that there is a gap in the Directive here. The Directive covers pretty much all Family Members between Articles 2 and 3, but I am unsure why it states that Ascendants need to be dependent to benefit, particularly when only for a short visit. Given the spirit ...
by TracyCK
Fri Nov 27, 2009 1:53 pm
Forum: EU Settlement Scheme
Topic: EEA Family Permit
Replies: 22
Views: 8819

This is interesting to me as it appears that there is a gap in the Directive here. The Directive covers pretty much all Family Members between Articles 2 and 3, but I am unsure why it states that Ascendants need to be dependent to benefit, particularly when only for a short visit. Given the spirit o...
by TracyCK
Fri Nov 27, 2009 12:24 pm
Forum: EU Settlement Scheme
Topic: EEA Family permit refusal
Replies: 20
Views: 9374

This is similar to what we are facing with Spain currently. Take a look at my last post in my current thread and here you will find links to 2 documents issued by the EU Commission and Courts that very clearly show that you have the law on your side. The Guidelines for a better transposition of the ...