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I think what they mean here is that this Article hasn't been transposed explictly in some countries. At least that would match with AT: MFA says yes but not transposed into law.Richard66 wrote:3.2. Right of entry
The transposition of Article 5(2) is often incorrect and/or incomplete, and the legislative shortcomings result in frequent violations of the rights of family members, notably those who are third country nationals.
Only seven Member States15 [IT non included in the footnotes… ? have introduced specific facilities for family members to acquire an entry visa in their legislation. Bulgaria and Germany seem to ensure the facilitation in practice. Five Member States16 do not provide for the visa exemption for family members holding a residence card issued by another Member State.
How is that incorrect? Why should residence prior to exercising treaty rights/accession be counted when they are not yet EU citizens? I haven't seen that written anywhere as a 'requirement' in the Directive, either...?Point 3.7 wrote:Belgium and the UK incorrectly take no account of periods of residence acquired by EU citizens before their countries acceded to the EU.
Interesting! The Finnish embassy told me that I would need a job there first if I wanted my wife to come with me but without a visa. (Contaced solvit.fi on Nov 16 and reminded them today to respond.)Point 3.3 wrote:Only Denmark, Finland, Malta and Sweden correctly provide for a more favourable treatment of jobseekers without formalities in relation to the right of residence under Article 6 in the light of Recital 9.
Found it here (oddly enough):86ti wrote:Thanks Richard for the text but can you also provide us with the link to the source?
I am not much into this kind of lingo but just for this time ... *LOL*, *ROFL*benifa wrote:Found it here (oddly enough):86ti wrote:Thanks Richard for the text but can you also provide us with the link to the source?
http://www.europa-kommissionen.dk/uploa ... 7b/uuu.pdf
What does the section about Hungary mean? What sort of conditions related to the right of residence wouldn't be related to the right of PR?3.7. Right of permanent residence
In addition to a number of minor problems with transposition of the right of permanent residence under Article 16, the most serious problems relate to acquisition of the right of permanent residence after five years of continuous residence. Hungary makes this right incorrectly conditional upon conditions related to the right of residence. Belgium and the UK incorrectly take no account of periods of residence acquired by EU citizens before their countries acceded to the EU.
A large number of Member States26 had problems with the transposition of Article 17, which provides for more favourable rules for acquiring the right of permanent residence for persons that are no longer working.
Oh, they are mentioned all right: the lack of the residence card for family members is there. When you finally get your husbasnd's, it will probably be a PDS valid for 5 years, which is a document which actually doers not exist. Don't worry: it will say it was issued for family reasons because he is the husdband of an EU citizen and your name will be printed. This is what I got. Did I never tell you we went to the Questura before we married and spoke to the big man himself (her visa was going to expire 2 days after the first date we could marry). As the whole police station was looking at us and laughing, I believe they knew beforehand it was no marriage of convenience.know you had an easy time in Italy getting your wifes RC, but you are one of the lucky ones???? I literally know hundreds of couples who have been waiting 2 years or more????? I have met these people at the Questura!!! Which is the immigration offices in Italy....were they seem to have never heard of the Directive!!!
How come you guys don't get your marriage certificate on time ?Richard66 wrote:You had no marriage certificate? We did not either: we used the Libretto internazionale di famiglia. Actually, we managed to get all documents (PDS, residenza, health insurance and Centro per l'impiego) done in less than 48 hours.
I am sorry they are ruining your Christmas again, but it will be the last one!
The UK ruined the chance for my wife to meet my father. I do hope they are a little more forthcoming in the matter of our child's nationality. I wrote to the Embassy in Rome, but if it's always T. G. that answers...
How come you guys don't get your marriage certificate on time ?Richard66 wrote:You had no marriage certificate? We did not either: we used the Libretto internazionale di famiglia. Actually, we managed to get all documents (PDS, residenza, health insurance and Centro per l'impiego) done in less than 48 hours.
I am sorry they are ruining your Christmas again, but it will be the last one!
The UK ruined the chance for my wife to meet my father. I do hope they are a little more forthcoming in the matter of our child's nationality. I wrote to the Embassy in Rome, but if it's always T. G. that answers...
Thank you very much Pierre.pierre75 wrote:You can find the original report in English here :
http://ec.europa.eu/justice_home/news/i ... 840_en.pdf
[...]
For the ones who speak French, we fully translated the report in French (whith first basic analysis in French) here :
Why do they bother giiving an e-mail address? Sigh.Please see the information on the website for British nationality. http://www.ukba.homeoffice.gov.uk/britishcitizenship/ For further information plese telephone 06 4220 0001 from 9.15am to 12 noon Monday to Friday.
Consular Section
British Embassy
Rome
http://UKinItaly.fco.gov.uk
Visit our blogs at: http://blogs.fco.gov.uk
The Foreign and Commonwealth Office holds and uses data for purposes notified to the Information Commissioner under the Data Protection Act 1998 (which may be viewed at www.informationcommissioner.gov.uk). Such personal data may be disclosed to other UK Government Departments and public authorities.
-----Original Message-----
From: ***
Sent: 12 December 2008 18:57
To: ConsularRome@fco.gov.uk
Subject: British nationality for our child
Dear Sir / Madam, In late March 2009 my wife and I are expecting our first child to be born; we expect the birth to take place in Italy. My name is ****. I have been established in Italy since January 1999, though I lived here previously, from November 1994 to September 1995. The last time I was in the UK was in September 2002. Before that I was there from September to December 1995. I was born on **** in Rio de Janeiro. My father, **** was born on **** in ***, England. He was not at the time of my birth in Government service. I beleive I am a British citizen by descent and cannot normally pass British citizenship to my children. My wife, ****, is Russian, born in Vologda, on ***. She has lived in Italy since May 2007. We married in *** in August 2007 and a record of our marriage has been deposited in the UK. I am in Italy exercising treaty rights while my wife also is employed, so we are both covered by Italian Social Security. Russian law says that a child born outside of Russia will only have a claim to Russian citizenship if both parents are Russian. As you know, Italian citizenship is not acquired jus solis. The only way of acquiring Italian citizenship is to demonstrate the impossibility to pass citizenship to the child by any means. Our child, unless it is born in the UK, will be born stateless. Will we be able to apply for British citizenship for our child? What documents and evidence will we need to provide? Do you have any advice you can give us? This is for us a very worrying situation. I look forward to hearing from you. Yours sincerely,