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The law is clearly phrased, and the ECJ has answered this on several occasions, so I do not see any legal doubt in this matter. And funny enough even the Spanish embassy says this: http://www.maec.es/subwebs/Embajadas/Du ... ublin.aspxTobbe wrote:What have happened is that the Spaniards are claiming that the
residence card referred to in Directive 2004/38/EC must have been
issued by a Schengen country. One can argue forever about if that is
correct or not.
I agree, SOLVIT is probably the best way to start. The OP should be aiming for two things: damages (some are easy to assess, others are more difficult, but it should be quite a bit) and the attention of the European commission.This is not the first time the Spaniards are trying to be clever so please
do make an official complaint about it. Start with Solvit and you will get
the incident recorded properly and they will make sure the border guards
explains why you have been deported, use their answer against them
when escalating it to the EU commission
Good point. Does the deportation have any negative effects in the future, for example for other Schengen states? I think she is still covered by the right of free movement in the EU, but it is worth checking that out.You should also have been given a lawyer that can appeal the decision of
deportation for up to a month.
Spain will be informed of any applications made for Schengen visa in theDoes the deportation have any negative effects in the future, for example for other Schengen states? I think she is still covered by the right of free movement in the EU, but it is worth checking that out.
Do you have any URLs to any court cases showing that? I’m in the sameThe law is clearly phrased, and the ECJ has answered this on several occasions, so I do not see any legal doubt in this matter.
tensailee wrote:http://www.europa.eu/scadplus/leg/en/lvb/l33152.htm
A friend of mine (non-EEA) just went for a holiday with her Spanish husband in Spain. She holds a Residence Card based on her marriage to an EEA national whom lives in the UK. She did not apply for a Schengen visa, and all she had with her was her passport and the printout of the above document in both English and Spanish (just in case).
She got successfully admitted at a Spanish airport!!
Reading the summary of the Directive 2004/38/EC above, it states clearly that:
'Right to move and right of residence for up to three months
....Family members who do not have the nationality of a Member State enjoy the same rights as the citizen who they have accompanied. They may be subject to a short-stay visa requirement under Regulation (EC) No 539/2001. Residence permits will be deemed equivalent to short-stay visas.'....
How could I have not noticed this? Why did I keep applying for Schengen visas when I didn't need to? Or, are there any hidden catches? Is this a general case for all countries implemented this Directive?
Will appreciate your opinion.
Solvit can be useless, at times. Note that you should be contacting Italian Solvit, not Spanish / British.SoloOl wrote:Solvit advised me to contact the European Commission and the Eur.Commission advised me to contact Solvit...
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Get a UK lawyer to help you write to the spanish authority.No need sitting backSoloOl wrote:I didn't see a lawyer and I haven't being given an interpreter either...
Solvit advised me to contact the European Commission and the Eur.Commission advised me to contact Solvit...
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