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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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AncientAlien
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Post by AncientAlien » Sun Apr 12, 2009 10:44 pm

Directive/2004/38/EC wrote:
benifa wrote:So long as the Treaty right exercised in the UK by your French citizen spouse is an "economic activity", then Singh conditions apply. No visa required for entering France with your spouse, just your Residence Card / passports.
Yes and no. The Singh ruling said that if you want to go back to your home country to exercise treaty rights, then your family members can do it under European law. I think it would certainly cover you if you “intendâ€
“Whoever may be guilty of abuse of power, be it Government, State, Employer, Trade Union or whoever, the law must provide a speedy remedy. Otherwise the victims will find their own remedy.”-Lord Denning

archigabe
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Post by archigabe » Mon Apr 13, 2009 12:03 am

surdy77 wrote:Hi Guys,
thanks for ur earnest replies. I have just spoken with VFS for Italian consulate and they said that i do need a visa and need to pay for it as well.
they said i could only travel visa free if my spouse was british, but that rule does not applies to children being british.

i find it very conflicting coz the rule clearly states "family members" and surely my son is a family member to me !!

any more views ?
I would not take VFS seriously...i think you can be considered as a 'family member' for visa purposes.

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Post by archigabe » Mon Apr 13, 2009 12:09 am

ca.funke wrote:Regards from "Amchi Mumbai", where I happen to be right now ;)
Hi Christian...
Enjoy the nice food, Im sure your wife would enjoy it as well!

A Taste of Persia, and Old Bombay

Richard66
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Post by Richard66 » Mon Apr 13, 2009 6:47 pm

I guess only a stupid immigration officer would believe that someone with a return ticket has come back to his/her own country 'to look for work' or in orther words 'to pursue economic activity'.
I must have met that stupid immigration officer, because I came back to the UK on a return ticket. By the way, I came to work (and actually do work) and the train that I had booked for the return left maybe 10 days ago and I was not on it.

It happened that the return ticket cost half what the one way did. Now, would I not look stupid if I had bought a one way ticket for £240 just to please an immigration officer when a return cost £120? :D
Aiming at travelling to the UK with my wife and not with an EEA FP!

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Post by AncientAlien » Tue Apr 14, 2009 2:33 am

Richard66 wrote:
I guess only a stupid immigration officer would believe that someone with a return ticket has come back to his/her own country 'to look for work' or in orther words 'to pursue economic activity'.
I must have met that stupid immigration officer, because I came back to the UK on a return ticket. By the way, I came to work (and actually do work) and the train that I had booked for the return left maybe 10 days ago and I was not on it.

It happened that the return ticket cost half what the one way did. Now, would I not look stupid if I had bought a one way ticket for £240 just to please an immigration officer when a return cost £120? :D

I get your point and I have no doubt about the feasibility of such a venture.
However, I think intellectual honesty does require your agreement to my point that it is logically inconsistent for someone who 'intends to return to his/her home country to seek employment' to be in possession of a return ticket. That does not mean that it cannot happen though...Maybe my arguement would be out of context if you said 'temporarily returning to home country' to seek employment, then I would understand the need for a return ticket. :roll:
“Whoever may be guilty of abuse of power, be it Government, State, Employer, Trade Union or whoever, the law must provide a speedy remedy. Otherwise the victims will find their own remedy.”-Lord Denning

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Post by Richard66 » Tue Apr 14, 2009 6:44 am

I have never given it a thought, really. Are you also saying it might be dishonest not to make the return part of your journey, once it has been bought? In this case I must be a ******* in a big way. I suppose the contents in my wallet are warping my sense of intellectual honesty.

Maybe we better make failure to use the return part of a ticket an offence. :D
Aiming at travelling to the UK with my wife and not with an EEA FP!

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Re: Just wondering....

Post by 86ti » Tue Apr 14, 2009 10:40 am

AncientAlien wrote:Does this Latvian rules apply even if the EEA national is a Latvian citizen?
I can't see anything in the online texts that would indicate otherwise.
AncientAlien wrote:is travelling alone for short stay in Latvia?
My (Russian) wife asked the IO who checked her passport at Riga airport last September if she could travel alone with our daughter aged 2 at the time. The question was answered with yes but I do not know if they would consider our daughter as the EEA national who would be the accompanying person. (I doubt the Directive could be interpreted in that way but every member state has the freedom to follow a more relaxed regime if they wish to).

And here is the legal document. Look under article 15.

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Don't get it twisted mate

Post by AncientAlien » Tue Apr 14, 2009 10:39 pm

Richard66 wrote:I have never given it a thought, really. Are you also saying it might be dishonest not to make the return part of your journey, once it has been bought? In this case I must be a ******* in a big way. I suppose the contents in my wallet are warping my sense of intellectual honesty.

Maybe we better make failure to use the return part of a ticket an offence. :D
Nah, you are missing the point here, and I'm not convinced the sarcasm was necessary :cry:
I, personally, don't have problems with return tickets :P . My reasoning is NOT, frankly, about the use or lack of use of a return ticket, nor is it about making non-use of return tickets an offense. Please hear me out, my debate has more to do with an immigration officer's perception of a return ticket!:(
Let's be academically sincere here, (in the light of the fact that you are now conscious of what you admitted that you 'never gave a thought') if you were the supervisor of an Immigration officer and one of your subordinates report to you that he, after seeing a passenger's RETURN tickets, was satisfied that that passenger was, in fact, returning to his/her home country to work. Would you, as the Boss rate or commend that officer's professional judgement? :wink:
Please answer the question's question :roll:
I appreciate that the passenger concerned could, reply when asked about the return tickets, that he simply bought them for the reasons which you give. :D That does not, in any way, change the fact that if the officer concerned does not ask about the return ticket, he can be deemed, in my humble and subjective opinion, incompetent 8)
“Whoever may be guilty of abuse of power, be it Government, State, Employer, Trade Union or whoever, the law must provide a speedy remedy. Otherwise the victims will find their own remedy.”-Lord Denning

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Re: Just wondering....

Post by AncientAlien » Tue Apr 14, 2009 11:38 pm

86ti wrote:
AncientAlien wrote:Does this Latvian rules apply even if the EEA national is a Latvian citizen?
I can't see anything in the online texts that would indicate otherwise.
AncientAlien wrote:is travelling alone for short stay in Latvia?
My (Russian) wife asked the IO who checked her passport at Riga airport last September if she could travel alone with our daughter aged 2 at the time. The question was answered with yes but I do not know if they would consider our daughter as the EEA national who would be the accompanying person. (I doubt the Directive could be interpreted in that way but every member state has the freedom to follow a more relaxed regime if they wish to).

And here is the legal document. Look under article 15.
Thanks, I thought the same. Plus, wifey phoned the Latvian embassy and they said I do not need a visa to come to Latvia and that I could also come solo. However, they cautioned that it may be a good idea, though not necesary, to hold a copy, or better still the original marriage cert. to prove the relationship. :lol:
Stupid Nigerian embassy when asked if my wife requires a visa, told us that not only will she need a visa, but she will also need a letter of invitation addressed to the Consular office despite the fact that I (husband) will be travelling with her :shock:
Moreover, they advised us that "it would be easier if she opted for dual citizenship". That is being Latvian and Nigerian. However, the Latvian state does not recognise dual citizenship so my wife would have to forfeit her Latvian/EEA nationality to obtain a green Nigerian passport :x
That simply means both I and my wife will start to apply for visas to visit UK :? Anyway, we thanked them and said we'd rather stay with the Latvian passport and that I would write the invitation letter to my wife :lol:
“Whoever may be guilty of abuse of power, be it Government, State, Employer, Trade Union or whoever, the law must provide a speedy remedy. Otherwise the victims will find their own remedy.”-Lord Denning

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Post by benbmxer » Wed Apr 15, 2009 4:30 pm

Hi all,

Thanks for sharing your opinions and information. I am still quite confused. If I have a UK residence card, I am a non-EU national, and married with an Italian girl, can I go to France or to Italy alone without a visa for a weekend for example?.

I understand that the rule says only if travelling together with the EU citizen or if joining him/her. If I am travelling alone, how should I prove that I am joining my wife in that country?.

Thanks for your answers!

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Post by Plum70 » Wed Apr 15, 2009 5:42 pm

benbmxer wrote:Hi all,
I understand that the rule says only if travelling together with the EU citizen or if joining him/her. If I am travelling alone, how should I prove that I am joining my wife in that country?.
By show of documentary evidence of her residence & economic activity in the country.

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Post by Directive/2004/38/EC » Wed Apr 15, 2009 5:46 pm

benbmxer wrote:I understand that the rule says only if travelling together with the EU citizen or if joining him/her. If I am travelling alone, how should I prove that I am joining my wife in that country?.
A letter from your EU citizen spouse and a copy of their passport should normally do.

Also it is a good idea to have them meet you at the airport if you are not travelling together. And be sure to carry a copy of your marriage certificate.

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Post by Brit Chick » Wed Apr 15, 2009 7:57 pm

Very useful thread....looks like I'll be referring to it when it comes to booking our next holiday.

I understand Poland doesn't require those with ILR to apply for a visa, not sure if this is already mentioned in this thread.

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Post by Richard66 » Wed Apr 15, 2009 9:34 pm

By show of documentary evidence of her residence & economic activity in the country.
I beg to disagree. If the spouse is already in another member state but has been for less than three months why would there be need to prove residence and economic activity? Even if the spouse has been for more than three months but is self-sufficient, what need to prove economic activity?
Aiming at travelling to the UK with my wife and not with an EEA FP!

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Post by Richard66 » Wed Apr 15, 2009 9:47 pm

But, Ancient Alien, no immigration officer has ever asked me for my tickets. They ask me for my passport and that is enough for them. It might amuse you that when we came the immigration officer saw that on my wife's landing card was written that her stay was indefinite. He crossed that out and, referring to the EEA FP, wrote 3 months.
Aiming at travelling to the UK with my wife and not with an EEA FP!

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Post by AncientAlien » Wed Apr 15, 2009 9:58 pm

Directive 2004/38/EC lays out most of the freedom of movement and residency rights within the EU (for both EU citizens and their families): http://eumovement.wordpress.com/directive-200438ec [/quote]


I wish all the EEA coutries concerned would apply the rules as it stands

:cry:
“Whoever may be guilty of abuse of power, be it Government, State, Employer, Trade Union or whoever, the law must provide a speedy remedy. Otherwise the victims will find their own remedy.”-Lord Denning

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Post by AncientAlien » Wed Apr 15, 2009 10:05 pm

Richard66 wrote:But, Ancient Alien, no immigration officer has ever asked me for my tickets. They ask me for my passport and that is enough for them. It might amuse you that when we came the immigration officer saw that on my wife's landing card was written that her stay was indefinite. He crossed that out and, referring to the EEA FP, wrote 3 months.
Hi, same rules does not usually apply to travellers with African passports, my tickets are sometimes checked when travelling :(
To be honest, it sounds like the officer was just throwing his weight around but he ended up like a toothless barking dog as his crossing out indefinite stay on the landing card does not, in any way, invalidate the actual indefinite stay on your wife's passport
:lol:
“Whoever may be guilty of abuse of power, be it Government, State, Employer, Trade Union or whoever, the law must provide a speedy remedy. Otherwise the victims will find their own remedy.”-Lord Denning

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Post by Ben » Wed Apr 15, 2009 10:38 pm

Richard66 wrote:It might amuse you that when we came the immigration officer saw that on my wife's landing card was written that her stay was indefinite. He crossed that out and, referring to the EEA FP, wrote 3 months.
Blimey Richard - how did you react to that?

And btw, did your wife have the baby yet?

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Post by Directive/2004/38/EC » Thu Apr 16, 2009 6:56 am

Richard66 wrote:But, Ancient Alien, no immigration officer has ever asked me for my tickets. They ask me for my passport and that is enough for them.

It might amuse you that when we came the immigration officer saw that on my wife's landing card was written that her stay was indefinite. He crossed that out and, referring to the EEA FP, wrote 3 months.
I have found that I do not get asked for tickets or asked for my papers by the police. I suspect it is because I am "western looking".

Funny story about the immigration officer! I figure they can scribble what ever they want on the card - does not make much differents when entry is based on EU law.

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Post by Richard66 » Thu Apr 16, 2009 6:58 am

Actually, he wrote 6 months.

I said, "but surely she will apply for a residednce card?" to which he replied, "yes, that's right, but still the EEA FP is valid for 6 months, so that should be the validity written on the landing card." Warped reasoning, I know, but, as this changed nothing, I said to myself, "if it makes him happy..."

Yes, the baby was born right on the estimated day of delivery, was registered three days later, applied for a passport 8 days after birth and was issued her passport on the 10th day. So there, less than two weeks to do all the bureaucratic part, but only because I was a bit slow with the passport application: it could have been ready on day 5!

Ah, AncientAlien, maybe Immigration officers check tickets from non-EU citizens on arrival, but never, never from EU ones. It is actually against the rules.
Aiming at travelling to the UK with my wife and not with an EEA FP!

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Post by AncientAlien » Thu Apr 16, 2009 11:52 pm

Richard66 wrote:Actually, he wrote 6 months.

I said, "but surely she will apply for a residednce card?" to which he replied, "yes, that's right, but still the EEA FP is valid for 6 months, so that should be the validity written on the landing card." Warped reasoning, I know, but, as this changed nothing, I said to myself, "if it makes him happy..."

Yes, the baby was born right on the estimated day of delivery, was registered three days later, applied for a passport 8 days after birth and was issued her passport on the 10th day. So there, less than two weeks to do all the bureaucratic part, but only because I was a bit slow with the passport application: it could have been ready on day 5!

Ah, AncientAlien, maybe Immigration officers check tickets from non-EU citizens on arrival, but never, never from EU ones. It is actually against the rules.
I have found on another forum where I posted the same questions, details of the instructions to Immigration officers and one of these included, to inspect documents. :(
Therefore, it is not gonna be easy for one to PROVE that an immigration officer is violating one's right by checking flight tickets. The IO will just turn around and say "I was just checking his documents!"
End of story :?
“Whoever may be guilty of abuse of power, be it Government, State, Employer, Trade Union or whoever, the law must provide a speedy remedy. Otherwise the victims will find their own remedy.”-Lord Denning

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Post by Ben » Thu Apr 16, 2009 11:59 pm

Richard66 wrote:Yes, the baby was born right on the estimated day of delivery, was registered three days later, applied for a passport 8 days after birth and was issued her passport on the 10th day. So there, less than two weeks to do all the bureaucratic part, but only because I was a bit slow with the passport application: it could have been ready on day 5!
Well congratulations to you both, Richard! Any pics?

Perhaps for another thread, but are any further citizenships to be acquired for your little one?

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Post by Richard66 » Sat Apr 18, 2009 12:46 pm

Benifa, pics, yes, there are, but I do believe the anonymity provided by this forum would not survive this!

The situation is intersting, because the baby actually has only claims to other citizenships: none, except the British one, is automatic. My wife wants to register the baby as Russian, but I have questioned the wisdom of this. A visa for the baby would be easier and cheaper to do and no risks of being trapped in Russia without diplomatic protection. It seems a victory of sentiment over sense and have said so.

AncientAlien, could you please tell me how do you think an immigration officer can check tickets from citizens in their own country? I do not know, but it seems we are here quibbling. :twisted:
Aiming at travelling to the UK with my wife and not with an EEA FP!

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Post by AncientAlien » Sat Apr 18, 2009 11:29 pm

AncientAlien, could you please tell me how do you think an immigration officer can check tickets from citizens in their own country? I do not know, but it seems we are here quibbling. :twisted:[/quote]

Things are happening in Nigeria o! :o
“Whoever may be guilty of abuse of power, be it Government, State, Employer, Trade Union or whoever, the law must provide a speedy remedy. Otherwise the victims will find their own remedy.”-Lord Denning

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Post by Ben » Sun Apr 19, 2009 7:45 am

AncientAlien wrote:Things are happening in Nigeria o! :o
This is the Europe immigration forum.

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