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I think your real question is, "Has any visa-required family member tried and gain entry successfully in either UK or IRELAND?". Several of my non-EU family members have successfully gained entry in to and residence in Ireland - but they are non-visa required. So, this may not be of use to you.charles4u wrote:This is the main question....Has anybody tried and gain entry successfully in either UK or IRELAND?
In what way, Charles?charles4u wrote:Cus this 2 countries seems to have different interpretation to that EU directive.
Thanks Charles, I have read the document you have linked to. However, I don't understand the point you are making..charles4u wrote:The second one is this....this is for UK.
The Home Office interpretation of these provisions
As indicated above, the Home Office has interpreted EU law to mean that family members can
travel within the EEA with or to join an EEA national if, but only if, the family members have
first entered the EEA under the immigration laws of one of the individual EEA countries.
The following is provided by way of example. A British citizen travels to India and marries an
Indian national. She returns to the UK. She travels to Germany in order to work. She would like
her husband to join her in Germany. However, he has never been to Europe. According to the
Home Office interpretation of EU law, her husband would need to satisfy German immigration
law in order to join her in Germany. Alternatively, she could return to the UK and he would need
to satisfy UK immigration law in order to join here there.
http://www.ilpa.org.uk/infoservice/Info ... ionals.pdf
What I think the UK is trying to say here, on any ground the country of destination immigration rules or requirments still have to be followed which means if UK is saying EEA family permit is needed then its needed. But the ECJ as clearify this but still no changes or cancellation of the EEA family permit.
Does it not? Is the UK still not issuing EEA FPs to family members who are currently outside the EEA? I'm sure I read that they'd stopped this practise..Richard66 wrote:It does not really change the situation.
I remember reading about your case a while back, Richard. Your beef is with the travel carriers, who have wrongfully denied your wife boarding, despite showing evidence that she is able to enter the UK, in accordance with the Directive. Is that right? I agree with you, it is a problem to solve. It's not really related to this thread though.Richard66 wrote:You can have all the right in the world to go through immigration, but no one will let you reach it. There is a legal term for this sort of situation; I wish I could remember it. This is the problem to solve. My wife was denied boarding, no matter how many documents we showed the airline. Not even a letter from the European Commision made them chasnge their mind, not even the UK EEA Regulations! We are still to hear from a visa national who made it.
OF CAUSE IT IS RELATED TO THIS THREAD, CIARAMC WANTS TO MOVE TO IRELAND OR UK AND TO GET THERE SHE WOULD NEED TO BOARD WITH HER HUBBY BECAUSE THE HOPELESS ITALIANS ARE INCAPABLE OF FOLLOWING THE SO CALLED DIRECTIVE. HER HUSBAND HAS THE SAME PROOF (MARRIAGE CERT, PASSPORT, EU SPOUSE AND TICKETS) WHICH ACCORDING TO THE DIRECTIVE SHOULD ALLOW TRAVEL BUT THAT IS NOT THE CASE, YOU NEED TO GET A LIFE MAN.benifa wrote:Does it not? Is the UK still not issuing EEA FPs to family members who are currently outside the EEA? I'm sure I read that they'd stopped this practise..Richard66 wrote:It does not really change the situation.
I remember reading about your case a while back, Richard. Your beef is with the travel carriers, who have wrongfully denied your wife boarding, despite showing evidence that she is able to enter the UK, in accordance with the Directive. Is that right? I agree with you, it is a problem to solve. It's not really related to this thread though.Richard66 wrote:You can have all the right in the world to go through immigration, but no one will let you reach it. There is a legal term for this sort of situation; I wish I could remember it. This is the problem to solve. My wife was denied boarding, no matter how many documents we showed the airline. Not even a letter from the European Commision made them chasnge their mind, not even the UK EEA Regulations! We are still to hear from a visa national who made it.
Richard, I've re-read my post (quoted), and I'm sorry if I came across brusque. I didn't mean to all, but I can see how might have come across.benifa wrote:I remember reading about your case a while back, Richard. Your beef is with the travel carriers, who have wrongfully denied your wife boarding, despite showing evidence that she is able to enter the UK, in accordance with the Directive. Is that right? I agree with you, it is a problem to solve. It's not really related to this thread though.
Wow good news, we would like to know in full details what they said and the steps they wanna take in assisting you and ur husband...ciaramc wrote:Hey everyone quick update....I have got a responce from Brussels....they want more info from me and also want to know what Italian Authorities are involved in my case looks like things are moving....I will try put up th letter they sent me minus names of course!!! I just have to convert it from PDF. It looks really promising....theey told me that the Italians are in the wrong not issuing my husband with an Italian permit!!!!
Unfortunately it is up to national governments to decide if EU legislation is to apply or not to their own citizens who have never exercised treaty rights.Instead of using national law for some and EU law for some... which is curse of many problems now.
Ah, Benifa, you were aplogising above for being brusque. I don see where you were, so no need to!Richard, I've re-read my post (quoted), and I'm sorry if I came across brusque. I didn't mean to all, but I can see how might have come across.