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Prawo · Post by **Prawo** » Mon Sep 10, 2007 4:45 pm

Good luck.

Post by **Directive/2004/38/EC** » Mon Sep 10, 2007 9:36 pm

19730201 wrote:When we crossed the border between Germany and Belgium,it is very strange that two German polices (or an immigration officer) told us Belgium is better for us even that they knew we have no Schengen visa( we showed them my daughjter's Irish passport and birth certificate).

This is somehow turning out to be a very interesting story. I am curious how you ended up talking with the Germans. And would love to hear how this turns out in Belgium.

Note that Directive 2004/38/EC has "direct effect" in Belgian law. This is because the Belgian government has not done it's own transposition of the Directive into local law.

19730201 · Post by **19730201** » Tue Sep 11, 2007 7:58 pm

SYH · Post by **SYH** » Tue Sep 11, 2007 8:19 pm

19730201 wrote:Does anybody think it is easier to apply for this kind of application in Belgium than in any other EEA member countries just because The EU Court for the Chen's ruling is in Brussels?

Its called precedent.
As the Belgium court ruled it, then they are more likely to take heed of it than in another country.

Post by **Directive/2004/38/EC** » Tue Sep 11, 2007 8:40 pm

SYH wrote:
19730201 wrote:Does anybody think it is easier to apply for this kind of application in Belgium than in any other EEA member countries just because The EU Court for the Chen's ruling is in Brussels?
Its called precedent.
As the Belgium court ruled it, then they are more likely to take heed of it than in another country.

The ECJ is NOT a Belgian court. It is a European court.

mei888hua · Post by **mei888hua** » Wed Sep 12, 2007 10:30 am

I agree with SYH.Because even the ECJ is not Belgian court.but it is situated in Belgium.That make it became a very sensitive country about that kinds of case(like Geneve,it is also very sensitive about human rights just )

Prawo · Post by **Prawo** » Wed Sep 12, 2007 12:25 pm

THIS COURT IS BASED IN LUXEMBURGH

sakura · Post by **sakura** » Wed Sep 12, 2007 3:52 pm

Haven't we already ascertained that the courts are in Luxembourg?

Prawo · Post by **Prawo** » Wed Sep 12, 2007 4:33 pm

sakura wrote:Haven't we already ascertained that the courts are in Luxembourg?

We did, but some users apparently do not read well.
That's why I repeated it in CAPITAL LETTERS.

zsxue · Post by **zsxue** » Sat Sep 15, 2007 11:40 am

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dehualiu · Post by **dehualiu** » Sat Sep 15, 2007 11:53 am

EEA family member

Prawo · Post by **Prawo** » Sat Sep 15, 2007 12:55 pm

I do not agree at all with the answer given to zsxue.
Especially them frightening you with a return to China is incorrect.

They seem to forget the Brax ruling and the standing praxis in many EU member states, for instance Sweden, Belgium, The Netherlands and Germany.

There is no need at all to return to your home country or any country outside the EU to apply for a visa (that cannot be refused anyway and should be issued promptly and free of charge).
If you arrive at any EU border or airport, they will have to let you in without a visa if you are able to prove your family ties in the first degree with an EU citizen.

Do get competent legal counsel to assist you!

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zsxue · Post by **zsxue** » Wed Sep 19, 2007 10:39 am

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Prawo · Post by **Prawo** » Wed Sep 19, 2007 11:28 am

Congratulations!

You can file after arrival in Germany for your EU residence papers, for yourself and the Child.
Proof of sufficient resources and an insurance will be necessary after 3 months.

Dawie · Post by **Dawie** » Wed Sep 19, 2007 4:28 pm

dehualiu wrote:My situation is nearly the same as yours.But I don't know why they gave me different answer.this is the response from Signpost service before we went to Sweden(when we were in Finland)
Reply
Thank you for contacting again Signpst services!
Normally you should apply all your documents to get a visa to Sweden at the Swedish Embassy of Helsinki.
You should not have any refusal.
If there is a refusal you should contact Solvit in Ireland, as you came from there and your daughter is Irish. The Court case should of course apply and they will take contact with the necessary administrations.
Solvit in Ireland :
Michael CLARKE

Department of Enterprise, Trade
and Employment
Block C, Earlsfort Centre
Lower Hatch Street
IE - 2 Dublin Tel. +353 1 631 25 28
Fax. +353 1 631 25 62
InternalMarket@entemp.ie

The advice given by the Signpost Service legal experts is independent advice and shall not be considered to be the opinion of the European Commission. As such it will not in anyway bind the Commission.

Note: To post another enquiry, please visit the Signpost Service Web Site or contact EUROPE DIRECT.

Are you aware that you can travel from Finland to Sweden without going through any immigration checks? I don't see the point of applying for a Swedish visa in Finland when you could travel straight to Sweden and apply for it there.

dehualiu · Post by **dehualiu** » Wed Sep 26, 2007 11:46 am

EEA family member

Prawo · Post by **Prawo** » Wed Sep 26, 2007 7:04 pm

No reason or need to go back.
However, your case is non typical, so I suggest you use a lawyer to guide you.

zsxue · Post by **zsxue** » Fri Oct 12, 2007 10:37 am

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Prawo · Post by **Prawo** » Fri Oct 12, 2007 10:59 am

zsxue wrote:Now we are applying the resident permit in Germany on the basis of the parentage of an EU child citizen . As self-sufficent persons ,we now have two problem.One is how much money we should have in our bank account for 5-years resident permit? 24,000 Euro or 120,000 Euro ?the other problem is if we can purchase a private medical insurance plan from an international health insurance company (Because I donÂ´t know that if a certificate from an international health insurance company is recognized by the German government ?

Your right of stay in principle should be considered on a monthly basis.
So if you have the money available for 12 month this is more than sufficient.

As I told earlier: do not do this without a lawyer, that can also advise you on the income requirement.

Post by **Directive/2004/38/EC** » Fri Oct 12, 2007 12:21 pm

zsxue wrote:Now we are applying the resident permit in Germany on the basis of the parentage of an EU child citizen . As self-sufficent persons ,we now have two problem.One is how much money we should have in our bank account for 5-years resident permit? 24,000 Euro or 120,000 Euro ?the other problem is if we can purchase a private medical insurance plan from an international health insurance company (Because I donÂ´t know that if a certificate from an international health insurance company is recognized by the German government ?

You keep asking the same questions. I would also suggest you find a good lawyer to help you.

zsxue · Post by **zsxue** » Thu Nov 15, 2007 6:25 pm

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Prawo · Post by **Prawo** » Thu Nov 15, 2007 9:10 pm

zsxue wrote:Germany immigration authorities refused our application for the residency.They told us we don't have the right to appeal because we abused EU immigration law. Can anybody tell us what we can do about it.

There is no such thing as abuse of EU law. See the Akrich-case.
If you are the mother of an EU child, you have a right to stay with your child. See the Chen-case.

You have to have the right to appeal.
Take a good lawyer.

I suggest Rechtsanwalt Chritian Reuter in DÃ¼sseldorf, tel +49(0)211-86398-25

If you decide to try your luck in The Netherlands, I would be able to help you out myself.

sakura · Post by **sakura** » Fri Nov 16, 2007 1:34 pm

zsxue wrote:Germany immigration authorities refused our application for the residency.They told us we don't have the right to appeal because we abused EU immigration law .Can anybody tell us what we can do about it.

What exactly happend that made them tell you this?

zsxue · Post by **zsxue** » Fri Nov 16, 2007 6:19 pm

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zsxue · Post by **zsxue** » Thu Nov 29, 2007 5:47 pm

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