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by TracyCK
Fri Nov 27, 2009 2:29 am
Forum: Europe immigration forum
Topic: non eu spouse of eu member going to france
Replies: 13
Views: 5541

This is the website for the French Consulate in the UK and the address of the page with information that applies to you. http://www.ambafrance-uk.org/Family-members-of-an-European.html Here, you can make an appointment online ( http://www.ambafrance-uk.org/Appointment-at-the-French.html )and also do...
by TracyCK
Thu Nov 26, 2009 11:46 pm
Forum: Europe immigration forum
Topic: Non compliance of Article 3 of Directive for Family Members
Replies: 84
Views: 22021

So I stewed for a couple of days and got back to work today. This morning I found a Case Law Judgement against Spain that is very relevent to our case (from 3 years ago, I might add) and decided to call the Consulate again. I spoke to a very pleasant guy on the phone (they all seem to know exactly w...
by TracyCK
Tue Nov 24, 2009 2:14 am
Forum: Europe immigration forum
Topic: Non compliance of Article 3 of Directive for Family Members
Replies: 84
Views: 22021

I think this is the essence of the matter. The directive does not oblige member states to facilitate the residence of unmarried partners. But it does... European Law Supercedes National Law if it puts the EU Citizen at a disadvantage. The Directive dictates that Member States MUST facilitate the en...
by TracyCK
Mon Nov 23, 2009 9:56 pm
Forum: Europe immigration forum
Topic: Non compliance of Article 3 of Directive for Family Members
Replies: 84
Views: 22021

Email from Gibraltar Registration Office From: (CSRO) Sent: Monday, November 23, 2009 11:34 AM To: 'tracyck@*****' Subject: RE: Refusal of short term Visit Visa to Gibraltar for Rachid ****, request for review Dear Ms **** Apologies for the delay in replying. Please note that EU Directive 2004/38 d...
by TracyCK
Mon Nov 23, 2009 9:46 pm
Forum: Europe immigration forum
Topic: Non compliance of Article 3 of Directive for Family Members
Replies: 84
Views: 22021

Update: Early this morning, I emailed the Gibraltar Ombudsman to inform them that I still had had no response from the Registration Office. About mid morning, I called the Spanish Consulate in Tetouan and asked about the status of the Visa Application for my partner. I was told that we must go to th...
by TracyCK
Sun Nov 15, 2009 10:45 am
Forum: Europe immigration forum
Topic: Non compliance of Article 3 of Directive for Family Members
Replies: 84
Views: 22021

A quick update.... On Thursday, after 4 different people at the Spanish Consulate in Tetouan tried to turn us away for various nonsensical reasons (like we must travel to Alicante to revoke the Expulsion Order before they can do anything, or Visas are only processed at 7:30am, come back tomorrow, et...
by TracyCK
Wed Nov 11, 2009 2:55 pm
Forum: Europe immigration forum
Topic: Non compliance of Article 3 of Directive for Family Members
Replies: 84
Views: 22021

Tracy i agree with you 101%. Most countries like Spain , Germany etc, are blatantly ignoring the provisions of Article 3. They are forgeting that other family member have rights similar to or on par with that of Article 2 family members and that the only difference is, they have to provide evidence...
by TracyCK
Wed Nov 11, 2009 2:36 pm
Forum: Europe immigration forum
Topic: Non compliance of Article 3 of Directive for Family Members
Replies: 84
Views: 22021

**WARNING** Extremely long and detailed post to follow. Please find a completed application for a Schengen Visa for my Fiance, Rachid ****. We would like you to process this application according to EU Directive 2004/38 under Article 3 for Non EU/EEA Family Members of an EU/EEA Citizen so that he ma...
by TracyCK
Wed Nov 11, 2009 2:04 pm
Forum: Europe immigration forum
Topic: Non compliance of Article 3 of Directive for Family Members
Replies: 84
Views: 22021

I have decided that I am utterly incapable of keeping anything short... lol I am almost finished with the 'letter' that I will include with the Schengen Visa application tomorrow and this will form the foundation of what I take to the EU Commission in the event that it is not resolved. It is very lo...
by TracyCK
Wed Nov 11, 2009 11:31 am
Forum: Europe immigration forum
Topic: Non compliance of Article 3 of Directive for Family Members
Replies: 84
Views: 22021

EEA law states unmarrieds must show a 'durable relationship' - in the absence of any time period specified most States use their local law, mostly proof of two years cohab. Certainly the UK does that so I think ur over a barrel here with ur 18 months.... Also Family Members do get free Schengen vis...
by TracyCK
Wed Nov 11, 2009 10:30 am
Forum: Europe immigration forum
Topic: Non compliance of Article 3 of Directive for Family Members
Replies: 84
Views: 22021

Complaint sent to Gibraltar Ombudsman

Fw: Refusal of short term Visit Visa to Gibraltar for Rachid **** , request for review Wed, 11 November, 2009 10:40:26From: Tracy ****<tracyck@****.***>View Contact To: ombudsman@gibraltar.gi; ombudsman@gibraltar.gi -------------------------------------------------------------------------------- Dea...
by TracyCK
Wed Nov 11, 2009 10:25 am
Forum: Europe immigration forum
Topic: Non compliance of Article 3 of Directive for Family Members
Replies: 84
Views: 22021

Non compliance of Article 3 of Directive for Family Members

I have decided to start a new topic as the theme has changed somewhat from my initial posting. Link at the bottom of this post for those who are unaware of and interested in the history. This morning, I have forwarded the email in my next post to the Gibraltar Ombudsman after deciding that it is not...
by TracyCK
Wed Nov 11, 2009 12:17 am
Forum: Europe immigration forum
Topic: Win, Win or Win!!!
Replies: 4
Views: 2515

What uplifting news! Congratulations!! Now you can relax and just enjoy life a little. :)
by TracyCK
Sun Nov 01, 2009 9:39 am
Forum: Europe immigration forum
Topic: Spanish Visa for non-EU spouse of EU National
Replies: 6
Views: 6002

Yes, Obie has it right. I am pretty new to all of this and had forgotten that no Visa is necessary if a an EEA Family Member Residency Card was held, but as she doesn't have that type of Residency, your wife should apply for the 90 Day Schengen Visa using the general form. Enjoy Spain when you visit!
by TracyCK
Sat Oct 31, 2009 9:58 pm
Forum: Europe immigration forum
Topic: Spanish Visa for non-EU spouse of EU National
Replies: 6
Views: 6002

If your spouse is from any of the countries listed in the first list in the linked document below, then they should apply for a Visa (this should be processed quickly and free of charge). http://www.maec.es/es/MenuPpal/Consulares/ServiciosConsulares/InformacionaExtranjeros/Visados/Documents/anejo1_M...
by TracyCK
Fri Oct 30, 2009 10:15 pm
Forum: Europe immigration forum
Topic: Brit in Spain, Moroccan partner with expulsion, married soon
Replies: 65
Views: 19353

How was your weekend Tracy ? I enjoy reading the updates and following the story . I can but wish the very best for you , your son and the future husband :D . I love the fighting spirit you have . Keep on fighting and make sure life delivers everything that you want from it . Take care . Well, our ...
by TracyCK
Sun Oct 25, 2009 8:35 pm
Forum: Europe immigration forum
Topic: Ban or not?
Replies: 18
Views: 3456

Will try to add more later, but as a quick reply, why doesn't your BF travel across land to Morocco rather than fly? That has got to be better than getting stopped at the first post? A phonecall to the Moroccan Embassy might be a good idea to ask for advice on the best way back too. Does he have any...
by TracyCK
Sun Oct 25, 2009 9:35 am
Forum: Europe immigration forum
Topic: Spain and Visa Requirements for a non EU spouse
Replies: 13
Views: 5513

Here is a link to a Schengen Visa application in Spanish and English. I believe that the application is uniform wherever you are and whatever type you apply for, so this should be good. At the bottom of the first page, it states clearly that Family Members of EU/EEA Citizens do not need to complete ...
by TracyCK
Sun Oct 25, 2009 8:49 am
Forum: Europe immigration forum
Topic: Spain and Visa Requirements for a non EU spouse
Replies: 13
Views: 5513

Yes, I think you enter Spain together with your wife on a Visa and claim Residency later, at which point you would probably need to show self sufficiency. But the Visa should be that for a Family Member of an EEA Citizen and should be issued free and without undue formalities. This Visa is different...
by TracyCK
Sat Oct 24, 2009 7:01 pm
Forum: Europe immigration forum
Topic: Spain and Visa Requirements for a non EU spouse
Replies: 13
Views: 5513

Below is a link to a nice translation of Real Decreto 240/2007 which is the Spanish incorporation of EU Directive 2004/38 into National Law. http://www.ukgovabusesexpats.co.uk/Articles/Translated%20Directive%20-%20240.2007.htm Below is the Spanish version http://www.boe.es/aeboe/consultas/bases_dato...
by TracyCK
Sat Oct 24, 2009 6:42 pm
Forum: Europe immigration forum
Topic: Spain and Visa Requirements for a non EU spouse
Replies: 13
Views: 5513

There are many people here who are far more knowledgeable than I, but I am fairly certain that according to EU Directive 2004/38, your Non-EEA spouse has right of entry to ANY EU country except the UK (as it is your home country) for up to 90 days, no questions asked. Once you have settled, found a ...
by TracyCK
Fri Oct 23, 2009 9:57 pm
Forum: Europe immigration forum
Topic: Brit in Spain, Moroccan partner with expulsion, married soon
Replies: 65
Views: 19353

New simplified plan: At this time, we are going to forget about going to live in the UK although we may try to go over for a visit to spend Christmas there, and down the road, maybe we will consider returning to live, but not now. My son and I are going to go and stay with my father in Malaga and my...
by TracyCK
Fri Oct 23, 2009 9:23 pm
Forum: Europe immigration forum
Topic: Brit in Spain, Moroccan partner with expulsion, married soon
Replies: 65
Views: 19353

I wanted to write a quick update. If I wrote down all the events of the last few days, you wouldn't believe that one person could be so unlucky... LOL So I wont bother and will try to keep this brief and relevent to the topic. We did go to the Cueta border to Spain on Wednesday and although it was s...
by TracyCK
Tue Oct 20, 2009 6:30 pm
Forum: Europe immigration forum
Topic: Brit in Spain, Moroccan partner with expulsion, married soon
Replies: 65
Views: 19353

Yes, I have spoken with both the Embassy in Rabat and the Consulate in Tangier. Because I am resident in Spain, the Notice of Marriage needs to go in there. Perhaps the CNI I can collect from Tangier at the end of 21 days - will double check that. It's just more cost which we are trying to avoid at ...
by TracyCK
Tue Oct 20, 2009 5:18 pm
Forum: Europe immigration forum
Topic: Brit in Spain, Moroccan partner with expulsion, married soon
Replies: 65
Views: 19353

Hello Tracy, are you currently in Morocco, why don't you marry in Casablanca instead of all this headache, in my opinion it is easier for you if you can collect all document requested. Hi sofii, Yes, I am in Morocco now, and should have got married in Gibraltar today. In order to get married here, ...