Post
by 357mag » Fri Jun 06, 2014 12:40 pm
yep, added to my draft Dale, theres also somthing about being in the spirit of the directive i want to add
Sir,
I am writing with reference to my partners application for a visa. The application was returned stating it cannot be processed because we did not submit all the required documentation, eg:
4. Evidence of your permission to reside in the UK valid for 3 months after your date of departure from Ireland.
My partner cannot provide this evidence because it is not intended to return directly to the UK. It is intended that she goes to the Philippines before December 12th for her sons wedding flying from Ireland.
It is also a desire to establish residence in Ireland indefinately, getting married there and settling down upon her return from the Philippines, therefore there does not exist any evidence that she can return to the UK
I would like to refer you the the Metlock case, in particular highlighted below
1. Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC precludes legislation of a Member State which requires a national of a non-member country who is the spouse of a Union citizen residing in that Member State but not possessing its nationality to have previously been lawfully resident in another Member State before arriving in the host Member State, in order to benefit from the provisions of that directive.
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 provisions of that directive, irrespective of when and where their marriage took place and of how the national of a non-member country entered the host Member State.
Obviously this refers to a spouse but I believe it should be considered as an analogy with regard to a partner, So I ask you to reconsider the need to comply with item 4 in order to act within the spirit of the Directive. As I have stated it is me who is exercising my treaty rights and by not processing her appication for a visa you are detering me from exercising those rights.
Last edited by
357mag on Fri Jun 06, 2014 1:04 pm, edited 1 time in total.
I am not a forum GURU, I am often wrong
Dont take any notice of anything I post, I'm getting old and havn't the foggiest what I'm talking about.