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No visa but still want to travel : Directive 2004/38/EC

Immigration to European countries, don't post UK or Ireland related topics!

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

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limi
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No visa but still want to travel : Directive 2004/38/EC

Post by limi » Fri Mar 30, 2012 8:12 pm

Hi to all,

I am a naturalised British Citizen and have moved to Belgium working as self employed last month. I plan to stay here as long as contracts keep coming in.

I got married recently and my wife is an Albanian national. We want to visit relatives in the UK so was wandering if can we travel to UK without a visa, based on Directive 2004/38/EC. As the application for EEA Family permit at the British Embassy sounds quite complicated and takes long.

We got married in Albania and have documents, photos and videos to prove.

Would a residence card help if i need to apply for EEA -FP at british Embassy.

Thank you in advance for your help and advice.

Limi
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EUsmileWEallsmile
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Post by EUsmileWEallsmile » Fri Mar 30, 2012 9:25 pm

This question should have been posted in the EEA route applications part.
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EUsmileWEallsmile
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Post by EUsmileWEallsmile » Fri Mar 30, 2012 9:26 pm

You will find it difficult to travel to the UK without a family permit. It is possible, but if you have time, suggest you apply for the permit.

Does your wife have a residence card issued by Belgium?
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limi
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Post by limi » Fri Mar 30, 2012 9:43 pm

EUsmileWEallsmile wrote:You will find it difficult to travel to the UK without a family permit. It is possible, but if you have time, suggest you apply for the permit.

Does your wife have a residence card issued by Belgium?
===================================

Hi,

She doesnt have a residence card yet, but we are in a process of getting all the documents together to apply for it.
You are right to follow the longer route and have more chances of success, but thought if we are not addmited at the border than we can always apply for family permit or will the application be effected by the refusal at the border?
Many thanks
Limi
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EUsmileWEallsmile
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Post by EUsmileWEallsmile » Fri Mar 30, 2012 9:58 pm

You would have the added complication, being British, of demonstrating that you have exercised treaty rights in Belgium. The residence documents issued by Belgium would help support your status.
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Directive/2004/38/EC
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Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Sat Mar 31, 2012 10:55 am

I would suggest two things:

(1) Do not rush a visit to the UK. Get yourself settled there, with proof that you are self-employed and hopefully a Residence Card. (Maybe have your family come and visit you?)

(2) Proving you are self employed is more involved than proving you are employed. I can not settle yesterday, and today (realistically) claim I am self employed. Typically you need to prove it, for example that you have client who you have invoiced.
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EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sat Mar 31, 2012 5:31 pm

I would say this is very sensible advice.
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