- 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
To my own view I dont think you will win if you take them to EU court, cus he was there illegally as at the time you got married and also as the time you applied for the residence, In most cases its hard getting a residence permit when that person is currently illegal and also lets say the fact (too much africans in europe with illegal cases) so maybe they are trying to reduce this somehow.ciaramc wrote:Hi all,
As you are all probably aware from my previous posts....I'm a EU citizen (Irish), living and working in Italy since 2002, when I met my husband (Moroccan, previously illegal in Italy).
We married in 2006 and applied or a RC(in 2006), him being the spouse of a EU citizen exercising treaty rights. We were turned down (in March 08), due to the fact (they stated this on the refusal) that he had entered Italy many years previously illeally!
We then appealed (also due to the court case against Ireland 25 July 08 )and today after 8 months they have refused his RC not for any reason in particular, but that we had not informed the minister of Interior of our case !!!!! Can you believe it??? I have not heard such nonsense in my life......we can now appeal to another judge!!! But I'm thinking is it worth it....should he go home to his home country and see can we apply from there??? We really don't want to do this as it will not look good that he never received his RC here in Italy and it could affect future applications???
What do you think? Also I have filed a complaint with the EU and received a responce in Sep 08 saying that my complaint was passed on to the relevant authority and since then nothing!
Is there anything else I can do??? Can I bring them to court??? European court???
The same regulations apply when returning to Italy. Passport each + marriage cert in hand, they cannot refuse to land your husband.Where a Union citizen, or a family member who is not a national of a Member State, does not
have the necessary travel documents or, if required, the necessary visas, the Member State
concerned shall, before turning them back, give such persons every reasonable opportunity to obtain
the necessary documents or have them brought to them within a reasonable period of time or to
corroborate or prove by other means that they are covered by the right of free movement and
residence.
Am sure u have the money to pay them if they get stocked at the airport cus I call the Ireland embassy here in Romania and says visa still required even having this residence card for family members with marriage certificate ofcourse, Yes u are right abt that directive but Ireland and the UK are not following that direct at the moment..PLS dont risk going as he doesnt even have a family permit(just a marraige certificate and wants to move around EU) well I dont think this is possible.benifa wrote:ciaramc,
There is absolutely nothing stopping you and your husband from coming back to Ireland - for Christmas - or to live.
No visa required for your husband, so long as you have both your passports and your marriage cert. The airport Immigration Officer in Ireland cannot refuse your husband entry.
To quote Article 5(4) of Directive 2004/38/EC:
The same regulations apply when returning to Italy. Passport each + marriage cert in hand, they cannot refuse to land your husband.Where a Union citizen, or a family member who is not a national of a Member State, does not
have the necessary travel documents or, if required, the necessary visas, the Member State
concerned shall, before turning them back, give such persons every reasonable opportunity to obtain
the necessary documents or have them brought to them within a reasonable period of time or to
corroborate or prove by other means that they are covered by the right of free movement and
residence.
charles4u,charles4u wrote:Am sure u have the money to pay them if they get stocked at the airport cus I call the Ireland embassy here in Romania and says visa still required even having this residence card for family members with marriage certificate ofcourse, Yes u are right abt that directive but Ireland and the UK are not following that direct at the moment..PLS dont risk going as he doesnt even have a family permit(just a marraige certificate and wants to move around EU) well I dont think this is possible.
Atleast let him get a residence first then think of the next problem which is Ireland visa
This is the problems they are causing for family members just for there unreasonable reasons either marraige of convinience or what so ever.ciaramc wrote:We don't have big problem about money we can afford to move to Ireland and set our selfs up (I don't mean we are loaded) ....I just don't want to throw more and more money at lawyers in Italy....for nothing!
My husband has not seen his family in over 10 years noones faultt but bis own I know....but we are done.....we have been so unlucky!!! We just want achance at a normal life!!
They will tell you he needs a visa.ciaramc wrote:Benifra....I was thinking...actually I'm going to go to the Irish embassy here in Italy next week....and tell them I want to travel to Ireland with my husband.....lets see what they say.....
ciaramc wrote:Hi all,
As you are all probably aware from my previous posts....I'm a EU citizen (Irish), living and working in Italy since 2002, when I met my husband (Moroccan, previously illegal in Italy).
We married in 2006 and applied or a RC(in 2006), him being the spouse of a EU citizen exercising treaty rights. We were turned down (in March 08), due to the fact (they stated this on the refusal) that he had entered Italy many years previously illeally!
We then appealed (also due to the court case against Ireland 25 July 08 )and today after 8 months they have refused his RC not for any reason in particular, but that we had not informed the minister of Interior of our case !!!!! Can you believe it??? I have not heard such nonsense in my life......we can now appeal to another judge!!! But I'm thinking is it worth it....should he go home to his home country and see can we apply from there??? We really don't want to do this as it will not look good that he never received his RC here in Italy and it could affect future applications???
What do you think? Also I have filed a complaint with the EU and received a responce in Sep 08 saying that my complaint was passed on to the relevant authority and since then nothing!
Is there anything else I can do??? Can I bring them to court??? European court???
I am not quite sure what you are referring to here. The UK does not follow the Directive when it comes to acceptance of residence permits issued by other EEA member countries. Well, having said that there is a court case pending with ECJ to clarify this point.benifa wrote:charles4u,charles4u wrote:Am sure u have the money to pay them if they get stocked at the airport cus I call the Ireland embassy here in Romania and says visa still required even having this residence card for family members with marriage certificate ofcourse, Yes u are right abt that directive but Ireland and the UK are not following that direct at the moment..PLS dont risk going as he doesnt even have a family permit(just a marraige certificate and wants to move around EU) well I dont think this is possible.
Atleast let him get a residence first then think of the next problem which is Ireland visa
This is utter tosh. It would be better if you only posted facts. Of course Ireland and the UK are following the Directive.
There is: the girl at check-in at the airport.There is absolutely nothing stopping you and your husband from coming back to Ireland - for Christmas - or to live.
The Irish embassy may *request* the husband to have a visa / Residence Card, but they *cannot* refuse entry if he doesn't have either.
Of course. I have already said this. However, my comment (quoted above) was in relation to immigration law, not in relation to the lack of airport staff training.Richard66 wrote:There is: the girl at check-in at the airport.There is absolutely nothing stopping you and your husband from coming back to Ireland - for Christmas - or to live.
For the benefit of the carrier it may be, and that is a fair comment, from the British embassy in Rome. Nonetheless, it is not a requirement under EU law and Immigration Officers in the UK cannot refuse entry to someone who doesn't have an EEA FP, providing they have other means of proof that they are a family member eligible to benefit from the provisions of the Directive.Richard66 wrote:The Irish embassy may *request* the husband to have a visa / Residence Card, but they *cannot* refuse entry if he doesn't have either.
The Embassies will confirm to you that this visa/EEA FP is not for the benefit of immigration: it is for the carrier. I can quote you an e-mail from the Rome Embassy where it says just that.