- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
We know this not to be the case, unfortunately.which should (if all countries apply the law correctly) allow visa-free travel throughout the EEA (including UK and Ireland)
No quite. First, there are returning EEA nationals who previously (though it is not clear to me if that means immediatly before relocating or any time in the past after the Directive came into force) exercised their treaty rights (see Surinder Singh case) and second, there are those who exercise their treaty rights through cross-border services.fysicus wrote:there are a few subtleties to be noticed. The directive applies to EEA citizens and their family members in any member state of which the EEA citizen is not a national.
I think that is probably due to Surinder Singh case, where it was ruled that a British citizen exercising his/her EU treaty rights would have the right to be treated as if he/she was a non-British EU citizen, even though the UK's "national" immigration laws are more strict.ciaramc wrote: I had a friend (British)....exercising EU treaty rights in Italy then decided to move home with her non-EU spouse....she was told she would hav o apply for a spouse visa under British law....but she sent a complaint....sent the Directive informed the embassy in Rome of her right and was promptly issued with the visa EEA family permit spouse of a EU citizen! It was a bit of a battle but they gave her the visa that she was entitled too...
Having an EEA Family Permit will of course help, but is apparently not necessary.(4) Before an immigration officer refuses admission to the United Kingdom to a person under this regulation because the person does not produce on arrival a document mentioned in paragraph (1) or (2), the immigration officer must give the person every reasonable opportunity to obtain the document or have it brought to him within a reasonable period of time or to prove by other means that he is—
(b) a family member of an EEA national with a right to accompany that national or join him in the United Kingdom
benifa wrote:This is comical..
Me: British citizen, exercising EU Treaty rights in Ireland (lived and worked here for 3 years, together with my wife).
Spouse: Singapore citizen in possession of Stamp 4EUFam Irish Residence Card, valid for 5 years.
Anyway, we were in Mallorca for 5 nights, on holiday. At Palma airport, checking in to our Ryanair flight back to Shannon, the check-in agent asked my wife if she was possession of a Schengen visa in order to travel to Ireland!
1. Singapore citizens are Commonwealth citizens and can travel visa-free to many countries worldwide, including all EU Member States.
2. Ireland is not in the Schengen area.
3. My wife is in possession of a Residence Card issued in accordance with Directive 2004/38/EC and so even if she were a visa-required national, and even if Ireland were in the Schengen area, she wouldn't require a Schengen visa.
Anyway, I replied to the check-in agent simply, "no, she doesn't require a Schengen visa". His response was simply "oh, ok then", and off we went!
Of course it was since you reside in Poland now. The question was under which law? But I assume that it was issued according to Polish national law, i.e. the Directive does not apply with respect to your current residence card. Your problem therefore appears to be with the UK only.elmer wrote:karta probytu is issued by the polish government.
Language is not a requirement to be able to exercise ones treaty rights. This argument appears to be totally bogus to me.elmer wrote:i just got the reason why they denied me. they said that they believe that the marriage was fixed. i have been working legally in the US for more than 8 yrs and if i want to be in a fix marriage, i would have done so with an american. this ***holes concluded that i entered into a arranged marriage. they even questioned my wife's ability to speak and write english. remember this was done without any interview or without even speaking to my wife.
Your rights are summarised in the ECIS. Read in particular Chapter 1 (Article 1.2.1 and 2.2) but also Chapter 7 to find out whether there are special rules for the new member states concerning freedom of movement. I think your legal residence in the EEA member state Poland should indeed be benefical to you.elmer wrote:we got married last may but our relationship started in 2006 when she was in the US. they are now asking for proof that we have enough money (bank accts). i am now collecting all emails, pictures and etc. however, i doubt that i would be providing them with our bank statements. they questioned where i will reside in uk and i told them to my brother who is british national that owns his house. i guess looking for a job in poland is a better choice and wait for my citizenship.