E.U States Allowing Visa free Travel-E.U Fam&Residence c

Tobbe · Post by **Tobbe** » Tue Oct 21, 2008 4:05 pm

I got the answer a week ago; I will give it another week. If I havenâ€™t
heard back by then I will send my original complaint, the answer and my
reply to the answer to the ombudsman.

Richard66 · Post by **Richard66** » Tue Oct 21, 2008 4:06 pm

Or maybe the European Commission asked Goofy to examine the case!

Richard66 · Post by **Richard66** » Tue Oct 21, 2008 4:08 pm

I have already written to the Ombudsman concerning our case. While those ***s are doing their best to keep one or two family members at bay thousands of illegal immigrants a year are crossing the bordes unchecked!

Richard66 · Post by **Richard66** » Tue Oct 21, 2008 4:19 pm

I also notice that for the Spaniards the only reason they cannot deport a family member is that this family member is not in possession of a travel document (i.e. passport or id):

4. En los supuestos en los que un ciudadano de un Estado miembro de la UniÃ³n Europea o de un Estado parte en el Acuerdo sobre el Espacio EconÃ³mico Europeo, o un miembro de su familia, no dispongan de los documentos de viaje necesarios para la entrada en territorio espaÃ±ol, o, en su caso, del visado, las Autoridades responsables del control fronterizo darÃ¡n a estas personas, antes de proceder a su retorno, las mÃ¡ximas facilidades para que puedan obtener o recibir en un plazo razonable los documentos necesarios, o para que se pueda confirmar o probar por otros medios que son beneficiarios del Ã¡mbito de aplicaciÃ³n del presente real decreto, siempre que la ausencia del documento de viaje sea el Ãºnico motivo que impida la entrada en territorio espaÃ±ol.

No visa or no Residence card = deportation. Lack of passport, well, you can ask someone to send it to you.

Tobbe · Post by **Tobbe** » Tue Oct 21, 2008 4:35 pm

What happens if you have the visa in the passport that you forgot at
home? Will they allow you to have the passport sent before checking the
visa?

Well we shall see what the national court says about the validity of the
Schengen part of 240/2007 in June, I just need to get the lawyer to
realise that she can ask the court to ask ECJ about it but then she need
to actually answer phone calls and (God forbid) maybe even do some
workâ€¦ Hopefully the national court realises themselves that the EU
directive triumphs national implementation.

charles4u · Post by **charles4u** » Wed Oct 22, 2008 9:45 am

It is so clear that the EU or SCHENGEN countries dont really care much abt family members and wouldnt want any free movement for them, Well lets not decieve ourselfs or waste our time too much cus this things and complains will never end.

They might ammend it but will still not be in favour of family members, the main thing at the citizens and lets just be frank and say the fact. most immigrant are blacks and the EU wouldnt just wanna free them by making the family card visa-free even if they are married and having this family card, lets say they made a mistake making that law of free movement and no visa for family members. well I dont know what else to say to all this cus Spain first agreed and now disagreed. so so so so so ..and life goes on with pains and problems for some people..

Richard66 · Post by **Richard66** » Wed Oct 22, 2008 3:33 pm

I would not generalise this way: my wife is Russian, but the UK treats her no better than they treat you.

At least Russians are not considered "dangerous", so no undue fuss was made when she came to Italy. As we are in Schengen, we are really only exiled from the UK and Ireland, whereas if we lived in the UK we would almost be prisoners.

86ti · Post by **86ti** » Wed Oct 22, 2008 5:08 pm

Richard66 wrote:Or maybe the European Commission asked Goofy to examine the case!

I think Goofy was the one who wrote the Real Decreto so I nominate Donald for the examination.

charles4u · Post by **charles4u** » Thu Oct 23, 2008 1:06 pm

Well Richard u cant really understand or know for real, as its said in proverb that only someone who as an experience as a story to tell meaning if u dont experience it then u cant know.

As for ur wife is a Russian so atleast u guys are all of the same skin and anyway my words doesnt change anything..Anything new about the UK or any improvement on the EU and the complains?.

schwdhry · Post by **schwdhry** » Sat Oct 25, 2008 2:25 am

charles4u wrote:Well Richard u cant really understand or know for real, as its said in proverb that only someone who as an experience as a story to tell meaning if u dont experience it then u cant know.

As for ur wife is a Russian so atleast u guys are all of the same skin and anyway my words doesnt change anything..Anything new about the UK or any improvement on the EU and the complains?.

Any news about France?? i.e. if they recognize the 4EUFAM or not?

charles4u · Post by **charles4u** » Sat Oct 25, 2008 8:56 am

Any news about France?? i.e. if they recognize the 4EUFAM or not?[/quote]

There is no news yet but I heard that france now allows RESIDENCE CARD FOR FAMILY MEMBERS equivalent to visa so I guess one can go with his or her spouse with the family card to france but wouldnt know for EU4FAM from IRELAND.

86ti · Post by **86ti** » Fri Nov 07, 2008 4:37 pm

Richard66 wrote:They have made a big blunder: in their transposition of Directive 2004/38 they confuse Schengen with EEA and recognise only Schengen residence cards!

Here is a translation to English BTW.

Tobbe · Post by **Tobbe** » Tue Nov 11, 2008 6:04 pm

Got a letter from the ombudsman today saying that they are going to
look into why the EU commission didnâ€™t look into itâ€¦

But who will I complain to when the ombudsman comes up with the
explanation that the commission did look into it as it sent me an answer
even though the answer shows that they didnâ€™t but the ombudsman didnâ€™t
bother to look at the commissions answer properly?

86ti · Post by **86ti** » Wed Nov 12, 2008 2:33 pm

Here is a link to the Finnish Aliens Act 301/2004 (and a link to EUR-Lex just below). Entry to Finland for family members is covered in Section 155a.

Tobbe · Post by **Tobbe** » Mon Nov 17, 2008 10:58 am

Small update: Got a new letter from the commission, now they say that it
seems like Spain hasnâ€™t transposed article 5 (2) of directive 2004/38/EC
at all since the real decreto only refers to Schengen residence cards.

The commission claims that it will be taken up by the December report on
compliance with the 2004/38/EC directive. We shall seeâ€¦

Now I will stop diluting this thread with of topic stuff

Richard66 · Post by **Richard66** » Thu Nov 20, 2008 3:58 pm

December?

I got a letter from the Commission dated 11 November 2008 saying the report will be published shortly and that after that they will start using the rod on the baddies.

Tobbe · Post by **Tobbe** » Thu Nov 20, 2008 4:32 pm

Letter dated 14th November

"The information that you have provided is being taken into account
within the framework of overall examination of compliance of national
legislation with Directive 2004/38/EC, which final report is scheduled to
be presented the European Parliament and the Council in December
2008."

Richard66 · Post by **Richard66** » Thu Nov 20, 2008 4:47 pm

At this rate we might be expecting the first results by January. January 2050, that is.

charles4u · Post by **charles4u** » Thu Nov 20, 2008 5:13 pm

2050???????

I guess so also ..I got a letter also from the Obudsman saying my case as being transfered to the EU commission and the commission will contact me direct if my case is considered for hearing or so.

Maybe Tobbe is right...I guess maybe they wanna make all this Family issue cases together but wouldnt know if its december 2008 or 2050

86ti · Post by **86ti** » Fri Dec 05, 2008 8:46 am

Poland. This has been mentioned in the Directive thread. See the webpage of the Polish Embassy, UK. But they exclude their own citizens and don't mention anything about joining the spouse.

Richard66 · Post by **Richard66** » Fri Dec 05, 2008 10:20 am

Maybe family members of Poles have automatic right of entry?

So far I know of 4 countries where a family member is a family member, no matter from where the EU familyu member hails from:

Ityaly
Spain
France
Romania

Do you know of any others?

86ti · Post by **86ti** » Fri Dec 05, 2008 10:47 am

Richard66 wrote:Maybe family members of Poles have automatic right of entry?

The webpage says they will need a visa.

86ti · Post by **86ti** » Fri Dec 05, 2008 10:49 am

Richard66 wrote:So far I know of 4 countries where a family member is a family member, no matter from where the EU familyu member hails from

I suppose you mean that the non EEA family members will get the same residence card regardless whether their EEA partners exercise treaty rights or not?

charles4u · Post by **charles4u** » Fri Dec 05, 2008 3:12 pm

86ti wrote:
Richard66 wrote:So far I know of 4 countries where a family member is a family member, no matter from where the EU familyu member hails from
I suppose you mean that the non EEA family members will get the same residence card regardless whether their EEA partners exercise treaty rights or not?

Exactly!!! So far you prove you are a family member of an EU citizen maybe from Romania or any other EU country, If you dont excersice your treaty rights then you are covered up by your EU spouse and also get an insurance and health bla bla bla, They will verify properly to know if you havent been in any marriage of convinience and some interviews and will also take abt 2 months.

But know matter what, They issue only residence card for family members if you are comfirmed. They dont have any other type of residence for family members...All falls under one type of residence card as a family member.

I also think UK issues only this too...and Germany or am I wrong?

86ti · Post by **86ti** » Fri Dec 05, 2008 3:51 pm

charles4u wrote:I also think UK issues only this too...and Germany or am I wrong?

The UK issues a residence "card" (actually a sticker in the passport) to family members of people exercising their treaty rights but as far as I know spouses of British nationals get a different stamp in their passports.

I don't think it is different in Germany either. It is definitely not in Austria.

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E.U States Allowing Visa free Travel-E.U Fam&Residence c

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