Very confused, please help me! Uk marrying non-UK inAustria

[EUsmileWEallsmile]

I mean, LEGALLY, my husband would be the spouse of a UK citizen. That has to be worth something at the border, isn´t it?

The directive 2004/38/EC does not normally apply to citizens in their own country. It would if you worked in another member state first.

[EUsmileWEallsmile]

Why would Ireland let my husband in without a visa but not the UK, the land of my passport?

Because Ireland is a member state of which (presumably) you are not a national (British), but you would be advised to get a visa first.

[Jambo]

The UK can impose its rules on its own citizens. It can't impose those rules on other EU members. Same goes for Ireland and this is why what you can do in Ireland will not work in the UK (if you British).

The link about showing at the port and getting a Code 1A stamp involved providing evidence at the border that the British citizen was working in another member state. It wasn't just given because they showed at the border.

[tanabrennan]

I dont think the OP want an advice or thinks as a british you can just bring anyone to the country. EU Law is different from UK immigration national Law. This was why i advice ireland as an option when OP said about english speaking. As a british in Ireland you are a full EEA and can use EU right or Irish national Law. But in UK you cannot use EU Law only if you have worked in another eu country apart from UK. But if OP decide to go ireland, he dont need to work in austria but will need to work, self sufficient or student when start to live in Ireland. With what OP said here, i will say this is the best option if not OP will have to bring her hobby under uk immigration rule not EU. As EU Law is simple you cannot cheat your way in by appearing at the border, the immigration will interview you and want to know if you are EU qualify before they will allow you in as a family member of an eea. Thay dont just stamp code A1 for anybody.

[planet101]

Viennalove, I joined this forum solely so I could refute the absolutely ridiculous, unfounded responses you got to your questions. I understand exactly how frustrated you must be because I was in your exact situation last September. I can tell you that being in the exact same position as you, I was able to enter the UK with my non-EU spouse at port with a Code 1A stamp in September 2011 and would highly recommend you try this also. We arrived at the port in Brussels with our marriage certificate and my UK passport as well as my husbands residence permit from the Netherlands. The border agent was not at all happy about the situation and made the same sort of unfounded claims as the responses in this thread. She made us miss our first train and then made us sit in a waiting area for about 20 minutes while her colleague looked into the matter. During this time (she had been quite literally fuming up until that point), she came and spoke to us calmly and stated that she thought the UK position was unfair to British nationals and also that she knew that under EU law she had to let my husband and I enter the UK with the Code 1A stamp. We were allowed to enter and he was given a Code 1A stamp valid for 6 months and were put on the next train. He was able to work during this time and even had a recourse to public funds if wanted to (which we did not).

I am a British national born in the UK in 1994 I migrated to Canada with my parents and resided there until 2010. In Sept 2010 I moved to Maastricht Netherlands to start a law program. I had fallen in love with a man in Canada before i left and we got married in Toronto in November 2010 (I went home for the wedding on a week break between semesters). In February 2011 he joined me in the Netherlands and the Dutch authorities issued him with a five year residence permit as the husband of an EU national. This required very little effort on our part and all we had to do was submit our marriage certificate and proof of funds. In September 2011, due to lack of employment opportunities in the Netherlands (language barriers), I decided to transfer to a law program here in the UK. I was going through the exact same hell you are going through right now.

The situation for the UK, especially where it concerns British nationals, is very confusing. This is because the UK has taken a narrow approach in its application of Directive 2004/38 and restricts the right of British nationals to return from another Member State with their spouse only in instances where they have worked or been self employed in another Member State (as per the Surinder Singh/Eind cases). The principles underlying these cases should also extend to students and self sufficient individuals but sadly it does not.

After my husband and I entered the UK at port with a code 1A stamp, we were given 6 months to apply for his residence permit (EEA2 application). We did this in April 2012 and we just received a rejection on September 7 2012. We are now appealing this decision on the grounds that regulation 9 of the 2006 Immigration Regulations disproportionately and unnecessarily restricts my right to free movement as per Article 21 of the TFEU. The case of Zambrano shows that a right to free movement should not be restricted without objective justification and by denying students and self sufficient individuals the same rights as workers or self employed individuals is a clear violation of Article 21. If my appeal fails, I will take judicial review proceedings against the UKBA / Tribunal and again if that fails I will take my case to the ECHR.

As union citizens we have certain rights that are provided to us and national law should not be able to curtail those rights from their inadequate or restrictive implementation of EU directives.

I hope this helps with your query and that you are able to bring your husband over with you if you choose to get married.

[EUsmileWEallsmile]

Viennalove, I joined this forum solely so I could refute the absolutely ridiculous, unfounded responses you got to your questions.

What exactly are you referring to?

[tanabrennan]

Viennalove, I joined this forum solely so I could refute the absolutely ridiculous, unfounded responses you got to your questions. I understand exactly how frustrated you must be because I was in your exact situation last September. I can tell you that being in the exact same position as you, I was able to enter the UK with my non-EU spouse at port with a Code 1A stamp in September 2011 and would highly recommend you try this also. We arrived at the port in Brussels with our marriage certificate and my UK passport as well as my husbands residence permit from the Netherlands. The border agent was not at all happy about the situation and made the same sort of unfounded claims as the responses in this thread. She made us miss our first train and then made us sit in a waiting area for about 20 minutes while her colleague looked into the matter. During this time (she had been quite literally fuming up until that point), she came and spoke to us calmly and stated that she thought the UK position was unfair to British nationals and also that she knew that under EU law she had to let my husband and I enter the UK with the Code 1A stamp. We were allowed to enter and he was given a Code 1A stamp valid for 6 months and were put on the next train. He was able to work during this time and even had a recourse to public funds if wanted to (which we did not).

I am a British national born in the UK in 1994 I migrated to Canada with my parents and resided there until 2010. In Sept 2010 I moved to Maastricht Netherlands to start a law program. I had fallen in love with a man in Canada before i left and we got married in Toronto in November 2010 (I went home for the wedding on a week break between semesters). In February 2011 he joined me in the Netherlands and the Dutch authorities issued him with a five year residence permit as the husband of an EU national. This required very little effort on our part and all we had to do was submit our marriage certificate and proof of funds. In September 2011, due to lack of employment opportunities in the Netherlands (language barriers), I decided to transfer to a law program here in the UK. I was going through the exact same hell you are going through right now.

The situation for the UK, especially where it concerns British nationals, is very confusing. This is because the UK has taken a narrow approach in its application of Directive 2004/38 and restricts the right of British nationals to return from another Member State with their spouse only in instances where they have worked or been self employed in another Member State (as per the Surinder Singh/Eind cases). The principles underlying these cases should also extend to students and self sufficient individuals but sadly it does not.

After my husband and I entered the UK at port with a code 1A stamp, we were given 6 months to apply for his residence permit (EEA2 application). We did this in April 2012 and we just received a rejection on September 7 2012. We are now appealing this decision on the grounds that regulation 9 of the 2006 Immigration Regulations disproportionately and unnecessarily restricts my right to free movement as per Article 21 of the TFEU. The case of Zambrano shows that a right to free movement should not be restricted without objective justification and by denying students and self sufficient individuals the same rights as workers or self employed individuals is a clear violation of Article 21. If my appeal fails, I will take judicial review proceedings against the UKBA / Tribunal and again if that fails I will take my case to the ECHR.

As union citizens we have certain rights that are provided to us and national law should not be able to curtail those rights from their inadequate or restrictive implementation of EU directives.

I hope this helps with your query and that you are able to bring your husband over with you if you choose to get married.

I don’t think you read the OP question very well and I don’t think you know much about the EEA Route, I believe you are just one of the lucky one.
This is what you said:

(In February 2011 he joined me in the Netherlands and the Dutch authorities issued him with a five year residence permit as the husband of an EU national. This required very little effort on our part and all we had to do was submit our marriage certificate and proof of funds. In September 2011, due to lack of employment opportunities in the Netherlands (language barriers), I decided to transfer to a law program here in the UK. I was going through the exact same hell you are going through right now. )

Your situation is totally different from the OP question, The OP EEA is not exercising treaty right in Austria and the spouse do not have right to stay in Austria under EEA Route unlike your that have a 5yrs residence card. The OP EEA is not ready to stay longer in Austria so as to exercise the treaty right in Austria as a student or a worker. So you got all the answer totally wrong, you need to read very well the EEA Free movement laws before you accuse everyone on this forum as a dumb.

The immigration that stop you and your spouse when coming to UK do not know their job, Your spouse have a 5yrs residence card in the Netherlands, that is a prove that you have exercise your treaty right in Netherlands and returning home as an British who has exercise his treaty right in another EU country with your spouse.

-Can you tell me what the OP will tell them at the port on entry about exercising treaty right in Austria?
-if he is allow to enter, what prove will the OP use when applying for a residence card inside UK as a British that has exercise treaty right in another EU.

I don’t think you understand anything about EEA Route, you are just one of the lucky one and moreover, a Canadian do not need visa to enter UK even if he or she is not your spouse. The Canadians have visa weaver agreement with UK.

[sum1]

Viennalove, I joined this forum solely so I could refute the absolutely ridiculous, unfounded responses you got to your questions.

What exactly are you referring to?

I would like to know that too. For someone who claims to have gone through a "law program" you seem to act rather carelessly. You appear to have misjudged the OPs current situation, which BTW you only know from a few posts to this forum, and you seem to suggest the OP to engage in a legal battle that could go on for years. That does not sound like a responsible lawyer to me.

[tanabrennan]

He was trying to compare the OP situation to his own Situation. It is totally different. As a law Student, I think he should have known better. You have to read well before you compare case; to me his case is far apart from the OP case. OP has never exercise treaty right and just want to do it for 2wks or just appear with the spouse at the Boarding post and use EEA Law. This was what McCarthy did and now has put many people into this problem. I wonder what lawyer act for McCarthy. Free Movement is about Exercising Treaty Right as a worker, self sufficient, student and moving between Eu states. McCarthy has none of this, she live on the UK Government monies and has never worked. Same as the OP here, we don’t know much about OP but with what OP said, OP has never exercise Treaty Right and cannot categorized herself to one. Without Exercising Treaty Right how can you use EEA Law even if it is so generous.

[viennalove]

Just an update ... FINALLY, my husband and I were able to marry on Nov 29th. We now have the challege of "what next"? My husband was formerly an asylum seeker. Before we were able to marry, he received a deportation order from the polizei which was supposed to take effect on Dec 10 (yesterday). I went to the polizei today to stop the deportation order because he now has a new legal status, which is the spouse of an EU citizen, right? I asked how to get a Shengen (short stay) Visa so he could stay in Vienna with me for the next few weeks until we figure out our next move, but the polizia just laughed, closed his office door, and walked away. So, what next? We are wanting to move to Ireland since they speak English there and we are unable to go to the UK at this point. What do we do from here? HELP!!?!?!?!?!?

[viennalove]

Just an update to the previous poster who was trying to help ...

"We arrived at the port in Brussels with our marriage certificate and my UK passport as well as my husbands residence permit from the Netherlands."

Just to clarify, my husband does NOT have a residence permit, and I have not exercised my treaty rights in Austria.

Neither am I on benefits in the UK or anywhere. I have independent income from some rental properties I own overseas and if I exercised my treaty rights, would probably be classified as "self supporting."

Some further comments ... it has been a frustrating, depressing few months trying to make sense of a bureaucratic system when one does not have knowledge of it and worse, does not know the language sufficiently well enough to even make headway. Some documents the Standesampt requested were so alien to me I could not even understand what they were referring to (like the Certificate of No Impediment). I had never heard of such a thing before. My husband had better appreciate my efforts, because I have cried many nights. (:-)

Thankfully, one nightmare is behind us as we are now married.

NOW, my husband has no entry stamp of any kind on his passport. He was an asylum seeker and did not even have a passport when he first entered Vienna. As I mentioned above, we have the added burden of him losing is asylum case and having a deportation order made against him which was set for December 10, a few days after our wedding on Nov 29th.

So, a few questions ...

1. How can we get the deportation order lifted now that he has a new immigration status (spouse of an EU citizen)? My husband still spends sleepless nights thinking he will be deported at any moment. I would like to give him peace of mind.

2. How can we get some kind of immigration stamp in his passport which will allow him to stay in Vienna for the next couple of weeks while we try to put together the plan for our future?

3. Since we cannot go to the UK at this time under the circumstances, Ireland would be the next favorite choice (language). Would it be adviseable to get a Shengen (short stay) visa, go to Ireland, and then apply for residency, or apply for residency right away? I called the Irish Embassy but they said a spousal visa (shengen) could take up to 8 weeks since my husband does not have Austrian residency. Does this sound right?

Thanks for all your help, you all. I appreciate it. This site is bevond valuable.

Cheers,
VL

[viennalove]

One more question for tanabrennan... who is McCarthy and what caselaw derived from that?

"This was what McCarthy did and now has put many people into this problem. I wonder what lawyer act for McCarthy."

[aledeniz]

We are wanting to move to Ireland since they speak English there and we are unable to go to the UK at this point.

What about Malta? English speaking, great weather, darn cheap, and last time I checked they were asking a weekly $120 income to demonstrate economic self sufficiency for a couple.

[aledeniz]

What about Malta? English speaking, great weather, darn cheap, and last time I checked they were asking a weekly $120 income to demonstrate economic self sufficiency for a couple.

They still do, at least on paper: http://www.mfa.gov.mt/Library/Cit/CEA7-EEA.pdf

[viennalove]

Excellent suggestion. Thank you.

Can someone tell me how I can get a Shengen Visa for my husband in Vienna? This seems the logical route because all of our documents are already translated into German (for the wedding) and because our marriage certificate is in German.