ESC
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A similar text without reference to a particular member state is here http://ec.europa.eu/youreurope/nav/en/c ... ex_en.html .archigabe wrote:This is specifically for Ireland but I am sure it could be helpful to you as well.
Enforcement of European Union rights
http://ec.europa.eu/ireland/general_inf ... dex_en.htm
Let's see how it goes!I am writing you in support of Petition 1279/08 on the
Rights of non-EEA family members of EEA citizens to travel freely in the territory of the EEA when in possession of a valid residence card and when accompanying or joining the EEA family member.
My wife and I have been sorely hit by the UK’s refusal to transpose Directive 2004/38 correctly into national law, refusing to recognise the validity of residence cards issued by other EEA states for the purpose of visa-free travel. This has imposed on us an unreasonable burden, effectively denying us rights of free movement, as we can go neither to the UK nor to Ireland without her first obtaining a visa.
I am a British citizen by descent exercising treaty rights in Italy and am therefore covered by EEA legislation, while my wife is Russian.
My wife is now pregnant and this refusal on the part of the UK authorities to allow visa-free travel for us will result in our child being born in Italy, therefore having neither claim to British or to Italian citizenship.
We have filed a petition with this Parliament on the same subject, under number 1307/2007, as well as submitting a complaint to the European Commission under number 2008/4161, SG (2007) A/9244/2.
I shall be sending the following tomorrow to the British Embassy in Rome and copies to the European Parliament and to the European Commission:Something is not clear to me, I read a message here from someone saying he was told that if his in possession of a FAMILY RESIDENT CARD OF EU then he or she doesnt need a visa for a short stay in the UK if going together with the spouse.
So does that mean one can go to the UK with the spouse without visa or what ?
As you will recall, we were in contact last year concerning the UK’s singular transposition of EU Directive 2004/38 (Statutory Instrument 2006 No. 1003). The UK, contrary to the Directive, denies the right for non-EEA family members of EEA citizens (and of UK citizens exercising treaty rights) to enter the UK without a visa if in possession of a Residence Card issued by an EEA state other than the UK.
We have noticed, reading the Internet site of the UK Border Agency, more precisely page http://ukba.homeoffice.gov.uk/eucitizen ... nsibilites , the following text, which, to the best of our knowledge, is recent. Please accept our apologies if we are mistaken:
Family members who are not EEA or Swiss nationals
If your family members are not EEA or Swiss nationals and they are coming to live with you permanently or on a long-term basis, they will need to apply for an EEA family permit before coming to the United Kingdom. The EEA family permit is similar to a visa and is issued by UK Visa Services. Your family members should make an application for an EEA family permit at their nearest British diplomatic post.
For your convenience, please find a printout of the text attached.
Are we to understand that the UK Government has finally realised its interpretation of the EU Directive is not acceptable and that non-EEA family members accompanying or joining EEA citizens no longer need to apply for an EEA Family Permit and that they may travel to the UK with only a valid passport and Residence Card?
In our case, it would be my wife's Italian Residence Card, clearly stating her relationship to me. In addition to this, should it prove necessary, we also have a copy of our multilingual marriage certificate that was deposited at the UK General Registrar Office.
What does seem strange, however, and contrary to the Directive, is that the EEA Family Permit still seems to be required by non-EEA family members wishing to live or to stay for a long period in the UK.
We look forward to hearing from you,
Yours sincerely,
fysicus wrote:Charles,
I'm not sure if your situation is covered by directive 2004/38. As I understand from your description your wife works (and lives) in the UK, while you are living in Romania (where your wife originates from). I assume you have a residence permit issued by Romania, but is this on the basis of Romanian national law or on the basis of European law?
Basically, directive 2004/38 grants you the right to live with your wife in whatever EEA country the two of you choose to settle in, but it does not cover the case where you live in different countries.
