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by docteurbenway
Sat Apr 28, 2012 7:48 pm
Forum: EU Settlement Scheme
Topic: EU Commission takes the UK to court
Replies: 161
Views: 46793

this is more comprehensive: Telegraph . What a poorly written and misinformed article. Oh my word, they have finally admitted that they will lose an ECJ case! See this quote from the Telegraph article: Legal experts believe it would be impossible for the Government to implement all the changes requ...
by docteurbenway
Sat Apr 28, 2012 7:45 pm
Forum: EU Settlement Scheme
Topic: EU Commission takes the UK to court
Replies: 161
Views: 46793

take a look at the comments on this news . Yeah looks cool, i especially "like" these: Matt - April 27, 2012 at 00:12 Report comment The British people want an EU referendum. Britain, is full up. We cannot take any more unskilled people. 21 Reply to Matt cg.tours - April 26, 2012 at 22:23...
by docteurbenway
Fri Apr 27, 2012 1:34 pm
Forum: EU Settlement Scheme
Topic: EU Commission takes the UK to court
Replies: 161
Views: 46793

Lets hope for the best. The way i see it, this thing could be resolved this year, if not and the ECJ has to decide then the average processing time for an ECJ case is roughly 2 years in the worst case scenario. If the UK decides to fight to the bitter end, then they could comply round the time of th...
by docteurbenway
Fri Apr 27, 2012 1:13 pm
Forum: EU Settlement Scheme
Topic: UK Directive 2004/38/EC Infringement procedure news
Replies: 1
Views: 822

UK Directive 2004/38/EC Infringement procedure news

Hello everyone, was just browsing the net when i stumbled on an article about UK Directive 2004/38/EC infringement procedure You can read the article here: http://www.egovmonitor.com/node/49649 and here http://europa.eu/rapid/pressReleasesAction.do?reference=IP/12/417&format=HTML&aged=0&...
by docteurbenway
Thu Apr 26, 2012 10:13 pm
Forum: EU Settlement Scheme
Topic: Gibraltar Entry with a Spanish or Schengen EEA Family Card
Replies: 16
Views: 3860

The UK is responsible for Gibraltar as far as the EU is concerned. However, Gibraltar transposes directives itself according to its own procedures. They have a very similar problem with transposition as the UK and appear to only accept residence cards issued by Gibraltar. What's different? Well Gib...
by docteurbenway
Thu Apr 26, 2012 3:04 pm
Forum: EU Settlement Scheme
Topic: Stamp Code A1 for EEA family members going to UK
Replies: 24
Views: 4647

It just occured to me that Code 1A confers the exact same rights as an EEA Family Permit. So the mere existance of Code 1A stamp basically negates the need to get the EEA Permit or at the least makes it redundant. Since if you look at the EEA Permit as "pre arrival visa" for which you need...
by docteurbenway
Thu Apr 26, 2012 1:20 pm
Forum: EU Settlement Scheme
Topic: Stamp Code A1 for EEA family members going to UK
Replies: 24
Views: 4647

The stamp is called Code 1A. You will also get it if your RC application is still in process and you present a CoA at the border. 1. See 5.5.2 Seeking admission at port from the Border Force Operations Manual. 2. It is valid for 6 months and allows employment (same as a Family Permit). It doesn't a...
by docteurbenway
Thu Apr 26, 2012 10:22 am
Forum: EU Settlement Scheme
Topic: Gibraltar Entry with a Spanish or Schengen EEA Family Card
Replies: 16
Views: 3860

Re: Gibraltar Entry with a Spanish or Schengen EEA Family Ca

Summary: It´s not thoroughly checked. If you are checked, explaining that you´re "just" a day-tourist may do the trick. If this still doesn´t work, I´d start the "treaty-rights" talk asking for superiors etc... Thanks so much for sharing, actually this topic is in response to on...
by docteurbenway
Thu Apr 26, 2012 8:43 am
Forum: EU Settlement Scheme
Topic: Gibraltar Entry with a Spanish or Schengen EEA Family Card
Replies: 16
Views: 3860

Gibraltar Entry with a Spanish or Schengen EEA Family Card

Hello everyone, i am starting a new topic on the subject of crossing from Spain into Gibraltar with an EEA Family Residence Card as per article 10 of Directive 2004/38/EC. For example if an EU citizen and a non-EEA family member holding a Spanish or schengen Residence Card of a Family member as per ...
by docteurbenway
Thu Apr 26, 2012 8:33 am
Forum: EU Settlement Scheme
Topic: Stamp Code A1 for EEA family members going to UK
Replies: 24
Views: 4647

Stamp Code A1 for EEA family members going to UK

Hi everyone, i am starting a new topic about the so called stamp Code A1. This is a stamp that is placed in passports of EEA Family members that travel to the UK with the EEA citizen, but do not have an EEA Family Permit or hold a Residence Card of an EU family member issued by a schengen state. Thi...
by docteurbenway
Wed Apr 25, 2012 3:08 pm
Forum: Ireland
Topic: Border control and Schengen permit
Replies: 12
Views: 3304

Re: Border control and Schengen permit

newbieholland wrote:
What happens if it is a five years residence permit and not permanent RC ?
National or under Directive 2004/38/EC?

I am not 100% sure, but i believe the right is lost when you are de-registered, but can be restored upon return to Germany.
by docteurbenway
Wed Apr 25, 2012 1:14 pm
Forum: Ireland
Topic: Border control and Schengen permit
Replies: 12
Views: 3304

Re: Border control and Schengen permit

I think the OP is asking in a scenario where she moved from Germany to Ireland after having a RC from Germany. If she is staying outside Germany for more than 6 months is her German RC still valid?... Very good question! For my answer I assumed that (somehow) both RCs are valid. If they´re not, the...
by docteurbenway
Tue Apr 24, 2012 6:05 pm
Forum: EU Settlement Scheme
Topic: Ec Treaty Rights for schengen countries
Replies: 39
Views: 4566

In order for us to help you, you need to understand that the Directive does not grant automatic rights to all family members of all EU citizens under all circumstances. In order for the Directive to apply to you, you need to be married or have been in a long lasting durable relationship with the mot...
by docteurbenway
Tue Apr 24, 2012 1:50 pm
Forum: EU Settlement Scheme
Topic: Ec Treaty Rights for schengen countries
Replies: 39
Views: 4566

Dear forum members, on my part i would like to apologise to the OP and others who have been offended by my comments.

I would like to state that it was not my intention, it was just to bring a bit of humor into the discussion.

I wish the OP best of luck in his search.
by docteurbenway
Tue Apr 24, 2012 11:15 am
Forum: EU Settlement Scheme
Topic: Ec Treaty Rights for schengen countries
Replies: 39
Views: 4566

Since you have lost many appeals that means you have been deported from the UK for breaching immigration laws. As such you are probably blacklisted in the EU making it nearly impossible to get a visa. Why were you deported? Also you can not just live and work in the EU without a reason and without k...
by docteurbenway
Mon Apr 23, 2012 11:20 pm
Forum: EU Settlement Scheme
Topic: Ec Treaty Rights for schengen countries
Replies: 39
Views: 4566

All you have to do is go to the French or the Spanish embassy, there you should see a man wearing a uniform. You need to ask this man for directions and a map to find a hidden cave of wonders. Inside a cave there is a well. Climb down the well, you will see a passage. Walk down the passage you will ...
by docteurbenway
Sun Apr 22, 2012 1:42 pm
Forum: Europe immigration forum
Topic: residence card should be issued by ...
Replies: 6
Views: 1472

Hi guys, i have been reading UK Immigration Regulations 2006 again, mainly: Right of admission to the United Kingdom 11.—(1) An EEA national must be admitted to the United Kingdom if he produces on arrival a valid national identity card or passport issued by an EEA State. (2) A person who is not an...
by docteurbenway
Sun Apr 22, 2012 1:42 pm
Forum: Europe immigration forum
Topic: residence card should be issued by ...
Replies: 6
Views: 1472

...Here it does not say that the residence card should be issued by the UK authorities, so this could be used as an argument when producing lets say an Italian Family card? Or is there a paragraph where it says "issued by UK authorities"?... It doesnt say so anywhere explicitly, however t...
by docteurbenway
Sun Apr 22, 2012 12:39 pm
Forum: Europe immigration forum
Topic: residence card should be issued by ...
Replies: 6
Views: 1472

residence card should be issued by ...

[remark ca.funke: I split this question out of >>this<< thread, as requested by "EUsmileWEallsmile" (starter of the other thread)] Hi guys, i have been reading UK Immigration Regulations 2006 again, mainly: Right of admission to the United Kingdom 11.—(1) An EEA national must be admitted ...
by docteurbenway
Thu Apr 19, 2012 8:33 am
Forum: Europe immigration forum
Topic: Travel to Schengen, without visa, for EEA-family members
Replies: 362
Views: 277014

Hi, I'm in a slightly different (and more tricky) boat. I've been around the web for hours trying to find something definitive. I've printed out the Directive in French (because I'm going to France), but it still isn't exactly 'straight forward'. Grateful for advice. I'm a UK citizen (full British ...
by docteurbenway
Mon Apr 16, 2012 9:41 am
Forum: EU Settlement Scheme
Topic: Applying under EEA rules returning home after treaty rights
Replies: 2
Views: 670

Applying under EEA rules returning home after treaty rights

Good day guys, i have a quick question regarding the possibilty to apply under EEA Rules upon returning home after exercising treaty rights in another EU country. Here is the possible scenario: - Italian citizen(or any other EU citizen) living and working in France(or any other EU state) and is marr...
by docteurbenway
Mon Apr 02, 2012 7:41 pm
Forum: Europe immigration forum
Topic: Entry into the UK with a family member residence card
Replies: 44
Views: 8774

Here is another bit of news this time from the UK-Ireland border. It appears that the UK authorities are starting to increase border control at the Irish border to prevent people holders of an Irish visa from crossing into Northern Ireland to visit the Cultural City of The Year 2012 celebrations tak...
by docteurbenway
Fri Mar 30, 2012 7:08 pm
Forum: Europe immigration forum
Topic: Entry into the UK with a family member residence card
Replies: 44
Views: 8774

You can't trust what any headline in a UK paper. It's for selling papers. Never let the headline get in the way of a good story. Actually here is another funny paradox, the U.K. seems to give every single person no matter how bizarre a right to political asylum. As you have read in the article i sh...
by docteurbenway
Fri Mar 30, 2012 6:54 pm
Forum: Europe immigration forum
Topic: Entry into the UK with a family member residence card
Replies: 44
Views: 8774

Terror suspect could be made British citizen ...and I´m not saying this being totally unaffected: I have regular business in Lebanon, which in my case is visiting the parents in law... By the way i was wondering about that did you meet you wife in Lebanon? Thats a pretty exotic country, i am just c...
by docteurbenway
Fri Mar 30, 2012 12:41 am
Forum: Europe immigration forum
Topic: Entry into the UK with a family member residence card
Replies: 44
Views: 8774

Thanks docteurbenway. Just for information, the position of the commission does not actually make it law (Incidentally, I happen to agree with the commission's position). As the UK does not appear to agree with the commission, it may take a court case to resolve. I was just reading the news and tho...