Refused a UK visa, will they let me into the rest of the EU?

[emsum]

Hello, I have been refused a UK spouse visa because of the financial requirement, and a few minor problems. We have full right of appeal, but don't want to appeal. We want to go to Europe and exercise our right to the Freedom of Movement Act but we are concerned about me being denied at the airport. The UK Border Agency put a stamp in the back of my passport that identifies my case number and it has a red line through it. Putting the stamp at the end of the passport notifies immigration that Ive been denied entry somewhere, so Im concerned that when I arrive in a country in Europe, they will question me and then deny me entry. How do I exercise the Freedom of movement Act. My husband is British & Im American. Should I go into an EU country on a tourist visa and then am I able to switch to a spouse visa? How does the Freedom of Movment Act work & what is the best way to approach the situation? I know that my husband needs to work for 3 months and then we can apply for the spouse visa for me, but does that mean I have to leave the country and come in on a spouse visa? Does anyone have any real advice about this? Thanks!!!

[askmeplz82]

not easy anymore: it's changing

http://britcits.blogspot.co.uk/2013/12/ ... route.html

[EUsmileWEallsmile]

With regards to exercising rights of freedom of movement, being a non-visa national, it would be easy for you to accompany your spouse to an EU (or EEA) state. A visa would not be required. Your husband would have up to three months to live in any member state with minimal conditions. After that, he would be required to be a worker, self-sufficient person or student. He would apply for a residence certificate, you a residence card. Evidence of your marital status would be required.

Read up on residence requirements on this site

http://europa.eu/youreurope/citizens/

[emsum]

Thanks for your reply! So should I get a new passport so that there is not a refusal stamp in it? I read online that information is shared between EU & UK countries but Im not sure as to what exactly is being shared. Can they see my visa refusal electronically when I go from the US to an EU country? Or can they only see black listed criminal stuff. I don't want to look like Im covering something up, but I don't want to get to Spain or France and have them see my refusal stamp and not let me in. What do you think? Thanks!!!

[Brigid from Ireland]

If you are currently in the UK, you have the option of travelling to Northern Ireland, and from there into the Republic of Ireland. Then you go to the GNIB offices in Dublin and to the Social Welfare offices for a PPS number for both of you. You need your passport, passport of EU citizen spouse and valid original marriage certificate. If you are asked any question you simply say 'I am travelling with my husband (you need the marriage cert as proof he is your husband) and he intends to work in Ireland.' He will need to work for about a year in order for you to be able to return to the UK. Any type of job will be ok.

You should note that if you are planning to have a baby, Northern Ireland would be a very good place to do so. The child would get Irish citizenship (as the child of a British parent) and would also get UK citizenship of the strongest type (child of UK citizen born in the UK). So you might want to live near the border with Northern Ireland if this is the case. In addition, if you have a citizen child it is difficult to deport you from the country where the child holds citizenship, so as soon as you give birth you have a 20 year residence in UK/Republic of Ireland (if the child is a citizen). This works best if you are in the country of the child's citizenship at birth and remain there. It does not really work if you leave the country and want to return.

[EUsmileWEallsmile]

Thanks for your reply! So should I get a new passport so that there is not a refusal stamp in it? I read online that information is shared between EU & UK countries but Im not sure as to what exactly is being shared. Can they see my visa refusal electronically when I go from the US to an EU country? Or can they only see black listed criminal stuff. I don't want to look like Im covering something up, but I don't want to get to Spain or France and have them see my refusal stamp and not let me in. What do you think? Thanks!!!

No need to to worry. The reason for the refusal was not meeting financial requirements, no big deal.

[emsum]

Hi, thanks for your reply! But now we are thinking of going to Spain. My husband is a British citizen, so if he works in Spain for 3 months then it automatically falls under EU law and I can get on an EU spouse visa. But I am scared Spain won't let me in if they see the stamp in my passport. So my questions are:
1) Will Spain let me in although I have a refusal stamp in the back of my passport?
2)I will be traveling with my husband in Spain, so is that considered "visiting a family member of the EEA" (My husband is British) so do I need to apply for a visitor's visa for visiting a family member of the EEA? I know online it says Americans can just enter the EU, but these are different circumstances so what should I do?
3)Should I bring my marriage certificate? Or should I forget everything and act like Im a tourist? How do I exercise my right of the "Freedom of Movement Act"?
I can't afford a visa refusal from the EU, it would just be too much after getting this refusal from the UK. Do they have to let me into the EU because of the Freedom of Movement Act if my husband's there?

[emsum]

Oh yeah and I forgot to say I'm in America, not in the UK. I had applied for the spouse visa from America. So I would be going from San Francisco to Spain.

[EUsmileWEallsmile]

The UK refusal (as you stated for financial reasons) should not have any effect on your ability to enter Schengen zone (includes Spain). If you were to travel independently, you would need to be able to satisfy a border controller that you had sufficient funds (credit card), insurance, etc.

If you were to travel to join or accompany your British spouse, the requirements to have sufficient funds, etc would not apply.

Read through this document for further information

http://www.statewatch.org/news/2006/dec ... ook-06.pdf

[ALKB]

Hello, I have been refused a UK spouse visa because of the financial requirement, and a few minor problems. We have full right of appeal, but don't want to appeal. We want to go to Europe and exercise our right to the Freedom of Movement Act but we are concerned about me being denied at the airport. The UK Border Agency put a stamp in the back of my passport that identifies my case number and it has a red line through it. Putting the stamp at the end of the passport notifies immigration that Ive been denied entry somewhere, so Im concerned that when I arrive in a country in Europe, they will question me and then deny me entry. How do I exercise the Freedom of movement Act. My husband is British & Im American. Should I go into an EU country on a tourist visa and then am I able to switch to a spouse visa? How does the Freedom of Movment Act work & what is the best way to approach the situation? I know that my husband needs to work for 3 months and then we can apply for the spouse visa for me, but does that mean I have to leave the country and come in on a spouse visa? Does anyone have any real advice about this? Thanks!!!

Have you researched Spain?

The country is in the middle of a severe economic crisis. Do you or your husband have contacts there that would help him find work?

Also, since 1/1/2014, new rules have come into effect regarding how the UK handles EEA applications using the Surinder Singh route. No clear guidance has been given so far as to what that really means but now the length of stay (3 months will most probably no longer be sufficient) and whether the EEA national (your husband) has integrated into the host country's society and has "transferred his centre of life there" will be taken into consideration.

I think you are understandably upset now but you need to take a deep breath, step back and analyse the situation realistically. Your refusal was because you submitted your application 6 months early. It might be a better idea to wait for your husband to have been self-employed for a year, gather all the required paperwork and re-apply. Would it really be quicker to move to Spain?

Moving to another country is expensive. You need to pay rent, deposits, utilities, transportation, food and a lot of other things before you even start looking for a job, never mind getting your first salary. Spanish people are leaving Spain because they cannot find employment. A friend of mine lived in Spain with her Spanish husband for two years and half the time her employer did not pay her for the work she did.

Certain countries such as Spain, Ireland and France tend to take the maximum amount of time to issue a residence card for the family member of an EEA national - up to 6 months.

Since nobody knows what the changes in the UK rules mean in real life terms, only go to a country that you can imagine yourself living in for a year or more! You don't want to get stuck somewhere you don't want to be!

If you really want to go through with the EEA route, I would recommend trying Austria or Germany. They are stronger economically and have a quick no-fuss attitude to issuing the residence card (weeks, not months!).

[Casa]

ALKB has given you excellent advice. Having lived in Spain I can say that your husband's chance of finding work in the construction industry is extremely slim. The whole industry is at a stand-still with foreigners a long way back in the queue for work.
Note that even though your husband is having tax deducted under the sub-contractor/s CIS scheme, the ECO will want to see the sole trader HMRC Self-assessment annual return.

[emsum]

Hi, thanks for your replies! We have absolutely no worries about living/working in Spain. We both have 3 1/2 years of TESOL/TEFL experience behind us, degrees & my husband also has an outstanding resume for building jobs. The main reason we are choosing Spain is because we have connections there (job/housing connection). Working & living in Spain is the least of our worries. My only worry is getting through the border with this stupid stamp in my passport. I don't want to be refused a visa solely because of the stamp.

[ALKB]

Hi, thanks for your replies! We have absolutely no worries about living/working in Spain. We both have 3 1/2 years of TESOL/TEFL experience behind us, degrees & my husband also has an outstanding resume for building jobs. The main reason we are choosing Spain is because we have connections there (job/housing connection). Working & living in Spain is the least of our worries. My only worry is getting through the border with this stupid stamp in my passport. I don't want to be refused a visa solely because of the stamp.

I don't think it would really matter but if you want to be absolutely sure, your husband could move to Spain first and you could apply for a short term Schengen visa to join your husband in Spain. This should be free of charge for you and they should get back to you within 15 days.

Or he could fly over to "pick you up" and you travel to Spain together.

[EUsmileWEallsmile]

I don't think it would really matter but if you want to be absolutely sure, your husband could move to Spain first and you could apply for a short term Schengen visa to join your husband in Spain. This should be free of charge for you and they should get back to you within 15 days.

Or he could fly over to "pick you up" and you travel to Spain together.

The OP is not a visa national and would not be required to apply for a visa.

[EUsmileWEallsmile]

Hi, thanks for your replies! We have absolutely no worries about living/working in Spain. We both have 3 1/2 years of TESOL/TEFL experience behind us, degrees & my husband also has an outstanding resume for building jobs. The main reason we are choosing Spain is because we have connections there (job/housing connection). Working & living in Spain is the least of our worries. My only worry is getting through the border with this stupid stamp in my passport. I don't want to be refused a visa solely because of the stamp.

Have you read through the links provided earlier? Do you have any questions on them?

You don't need a visa.

[ALKB]

I don't think it would really matter but if you want to be absolutely sure, your husband could move to Spain first and you could apply for a short term Schengen visa to join your husband in Spain. This should be free of charge for you and they should get back to you within 15 days.

Or he could fly over to "pick you up" and you travel to Spain together.

The OP is not a visa national and would not be required to apply for a visa.

I know, but she keeps saying that she is afraid to be turned away at the border. A visa would take care of that.

[EUsmileWEallsmile]

If the OP takes the trouble to read the links, then it will be clear to her that she has nothing to fear. The Schengen states do not require entry visas of non-visa national EU family members.