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Like i said in my example, i did exercise treaty rights but i'm not anymore. Just like you were exercising treaty rights but right now you're not.TracyCK wrote:But the emphasis is on the fact that you have already exercised your rights and are therefore considered an EEA National covered by Community Law upon your return.
I began my relationship with my fiance while I was working in Spain, and we lived together there. Circumstances led to me being unemployed and going back and forth to Morocco for the best part of a year but I haven't stopped being an EEA Citizen?
I am concerned about this though, in light of the comments that I read here, but if we are applying for the EEA Family Permit in order to visit the UK, not necessarily to settle there, this should be subject to Community Law, no?
Yes as there are no residency requirements to marry in Gibraltar. But only if you can get there first...meats wrote:Can you get married on a visitor's visa in Gibraltar? Wouldn't you need a fiance visa?
You are probably right but I have sent the complaint direct to Gibraltar also.Directive/2004/38/EC wrote:I think complaining to WorldBridge will gain you nothing. They are just a low cost service organization.
An complaining to the Gibralter people? Doubt that will bring much since they are not governed by the EU free movement rules.
I believe they are not part of the EU or EEA. EU case law does not apply to them, as far as I know, just as it does not in Switzerland.TracyCK wrote:I thought that Gibraltar was governed by the rules and a part of the EEA? I saw something on this yesterday but not entirely sure.
http://en.wikipedia.org/wiki/Special_Me ... #GibraltarDirective/2004/38/EC wrote:I believe they are not part of the EU or EEA. EU case law does not apply to them, as far as I know, just as it does not in Switzerland.TracyCK wrote:I thought that Gibraltar was governed by the rules and a part of the EEA? I saw something on this yesterday but not entirely sure.
TracyCK wrote:- My Fiance and I met early in 2008 as he was a customer in the bar that I ran. We became friends and began our actual relationship in August 2008.
It would appear that your partner may be considered a person described in Article 3(2)(b) of Directive 2004/38/EC, if your relationship is considered durable and duly attested.Directive 2004/38/EC, Article 3(2) wrote:2. Without prejudice to any right to free movement and residence the persons concerned may have
in their own right, the host Member State shall, in accordance with its national legislation, facilitate
entry and residence for the following persons:
..
(b) the partner with whom the Union citizen has a durable relationship, duly attested.
Marriage would just make the relationship easier to prove when crossing borders.benifa wrote:In which case, in his present capacity, has the right to accompany or join you in Spain.
In short, marriage would not convey any rights not already held by your partner.
That's true.Directive/2004/38/EC wrote:Marriage would just make the relationship easier to prove when crossing borders.
But Spain doesn't recognise unmarried partners in it's National Law and hasn't incorporated this into it's interpretation of the directive, like the Germans!benifa wrote:TracyCK wrote:- My Fiance and I met early in 2008 as he was a customer in the bar that I ran. We became friends and began our actual relationship in August 2008.It would appear that your partner may be considered a person described in Article 3(2)(b) of Directive 2004/38/EC, if your relationship is considered durable and duly attested.Directive 2004/38/EC, Article 3(2) wrote:2. Without prejudice to any right to free movement and residence the persons concerned may have
in their own right, the host Member State shall, in accordance with its national legislation, facilitate
entry and residence for the following persons:
..
(b) the partner with whom the Union citizen has a durable relationship, duly attested.
In which case, in his present capacity, has the right to accompany or join you in Spain.
In short, marriage would not convey any rights not already held by your partner.
To be honest, that's Spain's (and Germany's) problem, not that of the EU national's.Wanderer wrote:But Spain doesn't recognise unmarried partners in it's National Law and hasn't incorporated this into it's interpretation of the directive, like the Germans!
I think they can, the directive is to be incorporated into their own national law, if no local law exists then it is not inccorporated.benifa wrote:To be honest, that's Spain's (and Germany's) problem, not that of the EU national's.Wanderer wrote:But Spain doesn't recognise unmarried partners in it's National Law and hasn't incorporated this into it's interpretation of the directive, like the Germans!
Spain may not recognise unmarried partners of their own citizens, but they cannot refuse to recognise those of EU nationals.
2. Without prejudice to any right to free movement and residence the persons concerned may have in their own right, the host Member State shall, in accordance with its national legislation, facilitate entry and residence for the following persons
Which means if no local immigration route for unmarried partners, no route after the directive is incorporated. That's how I read it, and that's how the German's read it, and proabably the Spaniards.benifa wrote:Article 3(2) states, "..the host Member State shall, in accordance with its national legislation, facilitate
entry and residence for the following persons:.."
The national legislation referred to is that which is implemented following transposition of the Directive.