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Take both.Richard66 wrote:Just a little aside, Prawo, Which Ombudsman? The Spanish or the British one? The one of the country one lives in or of the one where the outrage occurs?
The UK does issue Residence Cards as referred to in Directive 2004/38/EC. The wife does not (yet) have one of these. She only has the visa for initial entry to the UK on the basis of being the wife of an EU citizen.Prawo wrote:See my answer to Tobbe above.Directive/2004/38/EC wrote:Unfortunately the wife does not have a Residence Card. She has an EEA Family Permit, which is an UK issued entry visa for family of EU citizens.
Does the UK have such cards at all?
I only know of stamps in passports, with the proper mention of the person being a family member of an EEA citizen. This stamp is honoured by the Dutch immigration (after I taught them a lesson).
You cannot go to the court as an individual.johnsienk wrote:Sorry guys, but I am afraid the only way forward might be to take the case to the European Court of Justice ...
Only that Spain's justice system is positively third-world compared to the UK's. If you're expecting a fast resolution you will be sorely disappointed.Does anyone have any experience about Spanish court cases?
So it sounds like your wife has applied for and recieved a Residence Card using form EEA2. You had initially said she was travelling on an EEA family permit, which is an initial entry visa for the UK and is definitely NOT a Residence Card.Tobbe wrote:We have both been living for quite some years in the UK and we also met the first time here. The stamp she has is not the one for travelling to UK with a European husband; it’s the one you get from the EEA2 application (which specifically says it is for a residence card). http://www.ind.homeoffice.gov.uk/6353/11406/eea2.pdf
What exactly has the Home Office told you that makes you think that your UK issued thing is not a Residence Card as referred to in Directive 2004/38/EC?Tobbe wrote:Therefore I was 99.9999% sure it was a valid residence card according to 2004/38/EC but it’s not according to HO. It is not honoured by Spain either.
Sign Post doesn't deal with complaints.Dawie wrote:Haha, it's ridiculous, isn't it? You have to complain about the people who are meant to deal with complaints. Eventually we will have to complain about the people who are meant to deal with complaints about the people who are meant to deal with complaints.
You've got to love Brussels!
Much as I would like to agree with you that it is obvious, I think it is not clearly written in the directive and so has left wiggle room.Richard66 wrote:As for article 10... It's obvious it refers to the residence card issued by ANY member state. If it weren't, the Directive would be infringing on the rights Member States to legislate for internal matters, as residence cards for internal use are regulated by national law. I have the letter from the Office of Frattini to prove my point and the UK is (or will soon be) be dragged in front of the European Court of Justice.
It´s great that you keep insisting in resolving this. I think your best course of action may be to lodge a petition with the European Parliament. They have a convenient online form, and will follow up with the Commission and in turn with the Spanish authorities. You certainly have a strong case. The link to submit a petition to parliament can be found here.Tobbe wrote: I guess that the next move will be a petition to the European commission but I have no idea how to write one, is there anywhere were you can read other peoples petitions an not only the answers to them?
That's the problem Tobbe. She is bolivian. Southamericans are not welcome in Spain, specially if they're from Peru, Ecuador, Colombia, Bolivia..Tobbe wrote:so the wife and I thought it would be nice to go to Spain for a week. I'm Swedish and she is Bolivian
You only have one month to launch an appeal so it’s not really an option to get a new lawyer. Well except for suing the first lawyer for not carrying out her duties but that would get us nowhere closer to sort out the passport and SIS recordsMaybe it is time to talk to another lawyer?