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Correct. But don't worry about it.wet26 wrote:I'm really confused, because from what I had read, I should have been granted the EEA FP and I think the ECO has made an error in interpreting the legislation.
Belts and braces then. Enjoy your flight.wet26 wrote:Will do, I have all the evidence that I gathered in support of my EEA app. 20 documents, of which 6 were taken into account.
My husband and I are entering together.
We are getting the ferry because we are bringing the car back and our dog. So we are driving across Spain and the UK... not sure if I will enjoy itbenifa wrote:Correct. But don't worry about it.wet26 wrote:I'm really confused, because from what I had read, I should have been granted the EEA FP and I think the ECO has made an error in interpreting the legislation.
Belts and braces then. Enjoy your flight.wet26 wrote:Will do, I have all the evidence that I gathered in support of my EEA app. 20 documents, of which 6 were taken into account.
My husband and I are entering together.
Rubbish! Her partner has been exercising his treaty rights in Spain, so ofcourse she can apply for a Family Permit and return to the UK with her British partner under the Surinder Singh rule!noble72uk wrote:Hi
I introduce my self:
I am Algerian I’m married to a French I hold a 5 years residence card under Derictive2004/38/EC, we lives in the UK.
My wife has applied for a residence card for a treaty right in the UK which was granted for her and for me because of her residence in the UK (outside France).
In your case, your husband has applied for a residence card in Spain which was granted for him and then for you as well. Correct me if I’m wrong?
If my wife goes back to France, she doesn’t need to apply because she’s French citizen but for my self I have to apply from the beginning for a residence in France under the French Immigration law not EEA
As I have told you before your husband is a British and you need to apply for spouse/partner residence which is a visa UK clearance for 2 years and then a (ILR) indefinite leave to remain.
You need to forget about the EAA directives if you intend to live in the UK + you need to apply where you reside actually if in Spain.
Best regards
Feel free to ask any questions, I will help you.
PS: I have studied the law in Algiers and read European and UK laws since I come to Britain 4 years ago.wet26 wrote:ribena wrote:Hi
You have married to a British citizen and now wanted to live permanently in UK.
noble72uk is correct that you need to apply as s spouse/partner of a British citizen.
EEA FP is not the right application.
But if wet26 has a RC from Spain, is she allowed to live in UK w/o the need to apply as a spouse of a British citizen? just curious ..
I wish you could have recorded that one - would have been nice to have!wet26 wrote: He said that the immigration rules are interpreted differently by port officers and the government (???)
Notice that it doesn't say "solely for reasons other than..." but just "for reasons"... In other words: even though you have married the man you love and even though this is no doubt a genuine relationship, could it be a problem that one of the reasons for the marriage was to make it easier (and cheaper) for you to enter the UK?"a marriage of convenience (plural marriages of convenience) is a marriage contracted for reasons other than the reasons of relationship, family, or love. Instead, such a marriage is orchestrated for personal gain or some other sort of strategic purpose, such as immigration."
However, EU citizens who return to their home Member State after having resided in another Member State and in certain circumstances also those EU citizens who have exercised their rights to free movement in another Member State without residing there (for example by providing services in another Member State without residing there) benefit as well from the rules on free movement of persons.
wet26 wrote:ciaramc, they didn't issue the permit because they don't think he is exercising treaty rights because he is receiving his income from the UK. They weren't concerned with my immigration status in Spain. You've been married 3 years, me only one month, so I don't think you would have the marriage of convenience thing hanging over your head. (I would like to add that my husband was waiting to meet my parents and ask my father for my hand before he proposed. Once he did that he proposed straight away and we wanted to elope. Flying to the states to get married and spending close to 4 grand was hardly "convenient" and we genuinely did not get married for a visa. How to prove this, I don't know...I thought evidence of our 18 month relationship prior to marriage would be enough, obviously not)
If you do all the things that need to be done to meet the requirements, I think your husband would be given the FP. Your situation is different to mine, because you're irish and you have been married a lot longer.
Anyway, I've been given TA, and waiting on a decision, which I hope to have in a few days. If I'm not granted leave to enter, I'll go home and apply for a spouse visa. They seemed quite confident at the port that I would get the spouse visa, it just seems so unecessary to go all the way home to apply for it.
I think the three month you are given is an indication you are covered under EU law, which means you can apply for a resident Card towards the end of that period.wet26 wrote:Just a further update, I've received leave to enter for three months, after this I'm going home to apply for a spouse visa. At least I don't have to leave in 2 weeks...
Cheers, I asked about that though and she said I've been given leave to enter for 3 months as a visitor, after which time I can either go back to Australia and apply for a visa under UK immigration rules, or I can be deported to Spain at HM's expense.Obie wrote:I think the three month you are given is an indication you are covered under EU law, which means you can apply for a resident Card towards the end of that period.wet26 wrote:Just a further update, I've received leave to enter for three months, after this I'm going home to apply for a spouse visa. At least I don't have to leave in 2 weeks...
Good Luck
From what they've told me, EEA rules don't apply to me because they don't consider my husband to be an EEA national, and now that we're back in England he's not exercising any treaty rights. If I had interpreted the EEA rules correctly, how on earth are there so many IOs who can't?benifa wrote:Hi wet26.
What an idiot the IO is. I trust you'll be writing a formal complaint.
Anyway, once you have your passport back, simply apply for the Residence Card of the family member of a Union citizen, to which you are entitled, using form EEA2.
There's no need to leave the country, use UK national law and apply for a Spouse Visa (unless, of course, you prefer to).
Terrific advise Ben. That officer needs to be suspended without pay or sacked if what he is doing is deliberate and not sanctioned by his superiors. How could an officer who is meant to be fully informed about these laws acts so ignorantly, is beyond my believe.benifa wrote:It doesn't matter what the IO at the border said or thinks. Well, it does, as in it matters that he's so ill-informed. What I mean is that your rights are not affected.
It is a fact that your husband was resident in another Member State while pursuing an economic activity (Singh). It is a fact that you can benefit from the Directive regardless of how you entered the UK (Metock).
Forget what that pillock at the border said. You won't be dealing with him from now on anyway, it'll be the Home Office.
Was my husband technically employed in Spain? He was going to work there and living there, but his income was from a UK company.ARTICLE 48
1. Freedom of movement for workers shall be secured within the Community by the
end of the transitional period at the latest.
2. Such freedom of movement shall entail the abolition of any discrimination based
on nationality between workers of the Member States as regards employment,
remuneration and other conditions of work and employment.
3. It shall entail the right, subject to limitations justified on grounds of public policy,
public security or public health:
(a) to accept offers of employment actually made;
(b) to move freely within the territory of Member States for this purpose;
(c) to stay in a Member State for the purpose of employment in accordance with the
provisions governing the employment of nationals of that State laid down by law,
regulation or administrative action;
(d) to remain in the territory of a Member State after having been employed in that
State, subject to conditions which shall be embodied in implementing regulations
to be drawn up by the Commission.
4. The provisions of this Article shall not apply to employment in the public service.
I didn't go with him to Spain, I met him there...On those grounds,
THE COURT,
in answer to the question referred to it by the High Court of Justice (Queen' s Bench Division) by order of 19 October 1990, hereby rules:
Article 52 of the Treaty and Council Directive 73/148/EEC of 21 May 1973 on the abolition of restrictions on movement and residence within the Community for nationals of Member States with regard to establishment and the provision of services, properly construed, require a Member State to grant leave to enter and reside in its territory to the spouse, of whatever nationality, of a national of that State who has gone, with that spouse, to another Member State in order to work there as an employed person as envisaged by Article 48 of the Treaty and returns to establish himself or herself as envisaged by Article 52 of the Treaty in the State of which he or she is a national. A spouse must enjoy at least the same rights as would be granted to him or her under Community law if his or her spouse entered and resided in another Member State.
Hi Wet26On those grounds,
THE COURT,
in answer to the question referred to it by the High Court of Justice (Queen' s Bench Division) by order of 19 October 1990, hereby rules:
Article 52 of the Treaty and Council Directive 73/148/EEC of 21 May 1973 on the abolition of restrictions on movement and residence within the Community for nationals of Member States with regard to establishment and the provision of services, properly construed, require a Member State to grant leave to enter and reside in its territory to the spouse, of whatever nationality, of a national of that State who has gone, with that spouse, to another Member State in order to work there as an employed person as envisaged by Article 48 of the Treaty and returns to establish himself or herself as envisaged by Article 52 of the Treaty in the State of which he or she is a national. A spouse must enjoy at least the same rights as would be granted to him or her under Community law if his or her spouse entered and resided in another Member State.
She has not been refused a RC.noble72uk wrote:Hi Wet26
I’m sorry to hear that you‘ve been refused for the RC
<snip>
Sorry to hear that. Before you leave the UK, think twice: you're currently lawfully resident in the UK, you're protected by EU regulations and not at the mercy of UK national laws, you currently have the same rights in the UK as an EEA national has, you don't have to submit as many personal documents as you would if you were to return on a Spouse Visa.wet26 wrote:I have decided to just go back to Australia and apply for a spouse visa. I am sick of applying for these things over here and I get so stressed out waiting for a reponse. Even though it's gonna be expensive, I get to see the family and have two summers this year. Hopefully I will be back in England for Christmas.
