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by mgb
Wed Feb 14, 2018 1:16 pm
Forum: Ireland
Topic: Stamp4EUFAM Approved by minister, rejected by INIS officer
Replies: 8
Views: 1680

Re: Stamp4EUFAM Approved by minister, rejected by INIS officer

How the hell did I come to Ireland without a visa and why the UK approved my Family Permit, then I was told that I came to Ireland illegally (without a visa) and that he would call the UK Home Office to confirm the story.. Due to the directive a family member can only be asked for a entry visa for ...
by mgb
Wed Feb 14, 2018 12:45 pm
Forum: Europe immigration forum
Topic: EU visa, Romanian in Paris meets South African
Replies: 3
Views: 641

Re: EU visa, Romanian in Paris meets South African

The fiancee would need to fulfill the preconditions due to national immigration law for a marriage visa.
Before the marriage the partner is not a family member of a eu citizen.
by mgb
Wed Feb 14, 2018 1:58 am
Forum: EU Settlement Scheme
Topic: My Italian citizenship was cancelled!
Replies: 22
Views: 6499

Re: My Italian citizenship was cancelled!

I did a short check. The place of residence decide only who is responsible for the application for a recognition of the italian citizenship “jure sanguinis” (by law of the bloodline). Residence in Italy means the local municipality is responsible. Residence outside of Italy means the embassy/consula...
by mgb
Wed Feb 14, 2018 12:56 am
Forum: EU Settlement Scheme
Topic: My Italian citizenship was cancelled!
Replies: 22
Views: 6499

Re: My Italian citizenship was cancelled!

There are 1 question here to be answered. Does the law in Italy requires a person to have resided for 2 years in Italy if they are seeking to claim citizenship by descent? if the law requires this, but OP did not reside for that length of time, then he is not an Italian. He is therefore not a Union...
by mgb
Tue Feb 13, 2018 11:35 pm
Forum: Europe immigration forum
Topic: EU visa, Romanian in Paris meets South African
Replies: 3
Views: 641

Re: EU visa, Romanian in Paris meets South African

If you marry in South Africa your spouse could apply for a visa for a family member of a eu citizen and after entry to France apply for a residence card for a family member of a eu citizen. https://www.service-public.fr/particuliers/vosdroits/F19315 Marrying in France or Romania would it make more c...
by mgb
Tue Feb 13, 2018 9:59 pm
Forum: EU Settlement Scheme
Topic: My Italian citizenship was cancelled!
Replies: 22
Views: 6499

Re: My Italian citizenship was cancelled!

The passport is the thing which prevents that the OP get deported. If the passport is nomore valid for whatever reason the game is over in the UK. It looks like that the citizenship was canceled from the beginning on. With other words Union Citizenship rights never existed. The case can only be foug...
by mgb
Tue Feb 13, 2018 9:34 pm
Forum: EU Settlement Scheme
Topic: My Italian citizenship was cancelled!
Replies: 22
Views: 6499

Re: My Italian citizenship was cancelled!

You should read section 20 of the linked judgement. Specially 1(b). (b) acquisition of the nationality of the State Party by means of fraudulent conduct, false information or concealment of any relevant fact attributable to the applicant; The magic words are "attributable to the applicant"...
by mgb
Tue Feb 13, 2018 7:19 pm
Forum: EU Settlement Scheme
Topic: My Italian citizenship was cancelled!
Replies: 22
Views: 6499

Re: My Italian citizenship was cancelled!

You should read section 20 of the linked judgement. Specially 1(b). (b) acquisition of the nationality of the State Party by means of fraudulent conduct, false information or concealment of any relevant fact attributable to the applicant; The magic words are "attributable to the applicant"...
by mgb
Tue Feb 13, 2018 4:02 pm
Forum: EU Settlement Scheme
Topic: My Italian citizenship was cancelled!
Replies: 22
Views: 6499

Re: My Italian citizenship was cancelled!

@DavidFratelly

Did you really lost your italian citizenship or do you only assume it?
I guess you got your italian citzenship via descent and not via naturalisation.
by mgb
Mon Feb 12, 2018 11:36 am
Forum: Europe immigration forum
Topic: Residence card for non eu spouse Overstay
Replies: 10
Views: 3795

Re: Residence card for non eu spouse Overstay

A family member of a eu citizen can not technically overstay a visa if accompany the eu citizen. Due to the directive the family member need only a entry visa. The stay itself is covered from the directive. It is easier to prove the right of stay with a valid visa but that is it. If a member state w...
by mgb
Sat Feb 10, 2018 6:04 pm
Forum: EU Settlement Scheme
Topic: UK-EU dual nationality (by birth) EEA route eligibility
Replies: 5
Views: 3176

Re: UK-EU dual nationality (by birth) EEA route eligibility

I disagree. I believe that in order for the Surinder Singh route to be invoked, the treaty rights must be exercised in an EEA member-state of which the EEA citizen is not a citizen. So, the OP cannot exercise treaty rights in either the UK itself or Germany. This is not so clear. Due to the impleme...
by mgb
Sat Feb 10, 2018 11:37 am
Forum: Europe immigration forum
Topic: Working Rights for holder of EU Long Term Residence Permit
Replies: 35
Views: 4254

Re: UK/Non EU couple moving to Italy (from outside the EU)

Is that principle written into EU law somewhere? Article 18 of the Treaty on the Functioning of the European Union (TFEU). Discrimination because of the nationality is not allowed. Maybe the Italians have some employment laws relating to “off-shore” workers like merchant seamen, flight crews, oil r...
by mgb
Sat Feb 10, 2018 11:16 am
Forum: Europe immigration forum
Topic: trave to Shenghen area from the UK - non EU spouse & EU national
Replies: 14
Views: 1081

Re: trave to Shenghen area from the UK - non EU spouse & EU national

If a airline would transport a family member without visa/residence card and a visa would be denied at the destination airport they would have to take all costs and a fine.
by mgb
Thu Feb 08, 2018 5:40 pm
Forum: Europe immigration forum
Topic: Working Rights for holder of EU Long Term Residence Permit
Replies: 35
Views: 4254

Re: UK/Non EU couple moving to Italy (from outside the EU)

I think if you have no other residence only your residence in Italy can be your centre of live and primary residence. If a italian citizen would be in the same situaton I don't think his residence in Italy would be in doubt. A eu citizen cannot be handled in a other way. Btw. you should check the ru...
by mgb
Thu Feb 08, 2018 4:29 pm
Forum: Europe immigration forum
Topic: Working Rights for holder of EU Long Term Residence Permit
Replies: 35
Views: 4254

Re: UK/Non EU couple moving to Italy (from outside the EU)

I think a crusing ship cannot be a residence in the sense of eu law.
You have to be a frontier worker and come home from time to time to your residence on solid ground.
by mgb
Thu Feb 08, 2018 3:00 pm
Forum: Europe immigration forum
Topic: Working Rights for holder of EU Long Term Residence Permit
Replies: 35
Views: 4254

Re: UK/Non EU couple moving to Italy (from outside the EU)

If you are a so called frontier worker you are handled as a self-sufficient person in the residence country. That means income or funds at the bank above the threshhold for social wellfare and health insurance. If there is a agreement in place for frontier workers and health insurance between Italy ...
by mgb
Thu Feb 08, 2018 2:58 pm
Forum: Europe immigration forum
Topic: trave to Shenghen area from the UK - non EU spouse & EU national
Replies: 14
Views: 1081

Re: trave to Shenghen area from the UK - non EU spouse & EU national

https://europa.eu/youreurope/citizens/travel/entry-exit/non-eu-family/index_en.htm Even EU website states that if the non EU family member does not hold a residence card he/she must have a valid visa to enter the Schengen Area. Right and most of the airlines don't want to play immigration officer a...
by mgb
Thu Feb 08, 2018 1:52 pm
Forum: Europe immigration forum
Topic: trave to Shenghen area from the UK - non EU spouse & EU national
Replies: 14
Views: 1081

Re: trave to Shenghen area from the UK - non EU spouse & EU national

The schengen borders code is pretty clear. It has to be a qualifying residence card and not a visa from a non schengen country.
by mgb
Thu Feb 08, 2018 11:10 am
Forum: Europe immigration forum
Topic: trave to Shenghen area from the UK - non EU spouse & EU national
Replies: 14
Views: 1081

Re: trave to Shenghen area from the UK - non EU spouse & EU national

The wife of the OP didn't present a qualifying residence card with the wording "Family Member of EEA citizen".
by mgb
Thu Feb 08, 2018 10:26 am
Forum: Ireland
Topic: current activities of eu citizen for EU1
Replies: 17
Views: 1391

Re: current activities of eu citizen for EU1

The student and eu citizen should simply declare in writing that he has sufficient resources.
In the cover letter you can point to Regulations 2015 Paragraph 6 (3)(a)(III).
by mgb
Thu Feb 08, 2018 10:02 am
Forum: Europe immigration forum
Topic: trave to Shenghen area from the UK - non EU spouse & EU national
Replies: 14
Views: 1081

Re: trave to Shenghen area from the UK - non EU spouse & EU national

A visa exempt entry or a visa on arrival in Thailand is based on the passport and not on a marriage certificate. The directive give only a visa free entry for holders of a qualifying residence card. All other visa requiered family members can only get a visa at the border if they don't have a visa. ...
by mgb
Thu Feb 08, 2018 8:21 am
Forum: Europe immigration forum
Topic: trave to Shenghen area from the UK - non EU spouse & EU national
Replies: 14
Views: 1081

Re: trave to Shenghen area from the UK - non EU spouse & EU national

In such a case the chances are slim to get compensation. Normally the french border officer would have to issue a visa at the border if he follow the law. Most of the airlines don't take the risk of a denied visa application at the destination airport. It is not the bussiness of the airlines to chec...
by mgb
Thu Feb 08, 2018 7:42 am
Forum: Europe immigration forum
Topic: trave to Shenghen area from the UK - non EU spouse & EU national
Replies: 14
Views: 1081

Re: trave to Shenghen area from the UK - non EU spouse & EU national

Did your wife presented her residence card for the family member of eu citizen? The IATA (International Air Transport Association) database give following advice: Visa Exemptions Passengers with a family member residence card issued by United Kingdom. The card must be issued to family members of a n...
by mgb
Wed Feb 07, 2018 4:51 pm
Forum: Ireland
Topic: current activities of eu citizen for EU1
Replies: 17
Views: 1391

Re: current activities of eu citizen for EU1

The law say declaration. If the student and eu citizen declare i have enough money that is it.
If you or your spouse apply for social welfare you are both out of the game anyway.
by mgb
Wed Feb 07, 2018 2:49 pm
Forum: Ireland
Topic: current activities of eu citizen for EU1
Replies: 17
Views: 1391

Re: current activities of eu citizen for EU1

You could write a email and ask them why they are not following Regulations 2015 Paragraph 6 (3)(a)(III).