Take a look at C-165/16 Lounes.
http://curia.europa.eu/juris/celex.jsf? ... TXT&ancre=

If he would have a EU/EEA residence card he wouldn't need a visa. Basically he is doing the surrinder route on short time basis. Not every embassy is able to understand this situation. If the embassy is thinking the directive is not applicable he would have to fulfill the preconditions due to french...

As far as I know a long term partnership is not regocnised in Austria.
He would have to find a reason for a residence permit by his own.

Also my cousin called again, to the immigration office today , she was told that it can easily take up to two months or more :shock: :x . Complain to Solvit. http://ec.europa.eu/solvit/index_en.htm Due to the visa handbook C(2010) 1620 final from the EU commission max is 15 days for family members ...

dan1988uk wrote: ↑

Wed Feb 21, 2018 1:19 pm

To clarify: not visa denied but application not processed at all.

It guess it is policy about minors.
Btw. did you think about the offloading problem in the Philippines. It is not so easy to leave the Philippines as a citizen of the Philippines.

There should be no problem. You cannot lose the german citizenship if you got a second citizenship by birth. The UK citizenship is covert from a exemption in german law. You cannot lose the german citizenship if you got the citizenship from a other EU country after around 2006. The Brexit doesn't ma...

A application started before the Brexit still fall under eu law.
The period from the application date till to the brexit cannot fall out.

The disadvantage in SS (if I'm correct...) is that you have to have lived together in another EU country outside of Ireland (your "now" state) and the UK (where you want EUTR). That is not so clear. Some eu countries have the opinion the McCarthy judgement is only applicable if no borders...

Simply try it but be prepared to fight.

The Republic cannot issue a residence card for NI but with the irish citizenship they can do what they want.
With other words in the state means the Republic of Ireland.
If you want to live in NI you have to follow the british rules.

There is a big difference between the UK and the schengen area. The schengen borders code give visa free entry for holders of a EU/EEA residence card. The directive is not needed. The problem of the OP is he cannot prove that he is handled as family member of a eu citizen in the UK. The directive is...

You get 3 month unconditional stay in every eu country if you accompany the eu citizen.
I wrote it already. A family member cannot technically overstay a visa.

reynaldogr wrote: ↑

Sun Feb 18, 2018 10:39 am

That's why i would refer to the Lounes Case and put a printed copy of the full judgment when submitting my application.

This is the right move. EU law is supreme.
The caseworker can than decide if he want to break the law or not.

The directive give you a uncondtional stay of 3 month.
I don't think the italians accept a application without a valid registered address.

It looks not so easy. Joining a french spouse in France is normally not covered from the directive.
If the OP would have a EEA residence card he wouldn't need a visa.

If nobody stand up and complain to Solvit nothing will change.

We went home and sent an email to SOLVIT, explained the situation. A week later, SOLVIT answered us that unfortunately, with third country citizen, the Spanish consulate acted in accordance with the law. And I have to go back to my home country to apply for Schengen visa. Ask solvit what they think...

Due to the schengen borders code a residence card issued on basis of the eu directive 2004/38 give visa free entry.
The problem is there is nothing about EEA family member at the text of a british permanent residence card.
A schengen visa is the onliest solution.

If you send too much documents you have the risk to bring them to the wrong ideas and they handle your wife as a spouse of a irish citizen or third country citizen.

If he got a single entry visa no. There are also 2 entry or 3 entry visas on the market.

And the marriage certificate of course.

Your wife has to prove that you are a eu citizen and has to prove that you are waiting in Ireland for her.
Which means a copy of your british passport and to make it easy a copy of your work contract/rent contract.
That is it.

Technically a family member of a eu citizen cannot overstay a visa. The directive give 3 month unconditional stay. For a stay longer 3 month the family member has to apply for a residence card if the guest country want it so. If he don't apply it can only be sanctioned from the fourth month on with ...

ECJ Metock C‑127/08 2. Article 3(1) of Directive 2004/38 must be interpreted as meaning that a national of a non-member country who is the spouse of a Union citizen residing in a Member State whose nationality he does not possess and who accompanies or joins that Union citizen benefits from the prov...