EEA Family permit for EU spouse might be scrapped

[charles4u]

Chapter 3, sorry.

Am sorry Richard but were did it say its under review ? cus this was the chapter that was amended 24th Dec 2008, can you copy the link or the main letters for me.

Are you still thinking other way round maybe it can still be abolish for EU family member maybe for those who holds a family permit, there last update says EEA family permit is still required.

[isceon]

the previous lawfull residence requirement in an EEA country has been removed.
This means that a EEA family member without residence status in any EEA state can now apply for a EEA family permit.
Nothing else so far . very disappointing

[isceon]

We cannot realisticly expect from the UK to scrap the EEA family permit completely.
However they could transpose the directive properly by imposing an entry visa (for those without a residence card only)on a accelerated time and without unecessary conditions or questions .The shenghen visa could be a good model EEA family member do not have to answer the questions related to income ,previous immigration status or accomodation.
Just a hope...

[Richard66]

And what happens if all that uncalled for information is not given, for example, about income? They still cannot refuse the permit under the UK's own laws.

By making people fill in an online form that will not accept not being complete by the computer programmers and by restricting as much as possible access to any information given by humans (one needs to pay a premium sum for personalised attention) they in effect manage to violate their own laws.

Are there any honest lawmakers in the modern-day UK? I am sure that in the time my great uncle was lord justice this sort of devious behaviour was not encouraged, let alone permitted.

Now the EU will need to step in and the government and opposition will start moaning yet again that faceless unelected bureaucrats in Brussels are meddling in British internal politics and is it not a case of leaving the EU and this and that and the other.

Someone here in Italy was saying the UK was a master in interpreting EU legislation to meet its own needs and that going against EU and international law was not something the UK was new to.

Disgusting.

[charles4u]

We cannot realisticly expect from the UK to scrap the EEA family permit completely.
However they could transpose the directive properly by imposing an entry visa (for those without a residence card only)on a accelerated time and without unecessary conditions or questions .The shenghen visa could be a good model EEA family member do not have to answer the questions related to income ,previous immigration status or accomodation.
Just a hope...

You have said the main point here and I dont have anything more to add, visa should be required for those without a EU residence (but with limited conditions) and visa shouldn't be required from those with EU residence as a family member.

I dont see how this interpretation is so hard, instead they manipulate the Directive and its so annoying the EU is not doing anything about this and just like Richard said.. they can still refuse the visa under their national law and the process of the application is something else which is about 15-20 pages combine with the proves one will take along to the embassy....Only God can save us from this system of ruling.

[Richard66]

And with clever manipulation they will make domestic public opinion anti EU. You bet they will escalate this one too, saying the doors are open to millions of non-EU citizens who enter into sham marriages.

Right now my wife is expecting a sham baby.

[Richard66]

They have not, of course, revised the EEA regulations: Article 12 still speaks about being "lawfully resident."

[charles4u]

Richard you are funny with your words but yes anything is possible with their method of manipulations, Its just so funny and at the same time also annoying that the European commission is not doing anything about this or should we assume the UK is above the law and can even tell the EU what to write and what not to write.

Almost all EU countries now accept this Directive and makes it visa free and even if a visa is required they dont request for any documents except proves of relationship and Identifications, is UK more notorious than Germany, Spain or even France ? this is just soooo unbelievable ..

They make there own law above the EUs and I said it before that nothing as being changed atall on the EEA family application, its still the same requirments and procedures.

Richard.. I was thinking if one can make a large numbers of complaints on this issue...its either the UK follows the rules or wildraw from EU...simple

[eu vs uk]

hello every one i am new in this interesting forum . i am also a victim of uk unfair laws but i never give up specially with uk because i think the home office enjoys separating families.but if you read carefully they have changed in paragraph 1.2 if you read carefully it says if some one has a resident card can travel but they still tried to confuse people as we all know .but my advice is that any one have a eu member state resident card can go with out this visa type permit. if you reach uk airport that all .they cant do nothing ask a soliciter on airport and show them all papers which explains . but make sure uk is a jungle eat or to be eaten i mean the system i use to live there for 8 years .what i experienced they treat their own national like sheep.. if some one do not understand some thing can ask me.but every one who interested in uk should know socalled economy crises which made by some group of bankers and some traitor politition will hit hard uk compare with other european countries.make sure

[Directive/2004/38/EC]

The EEA family permit is an illegal addition by the UK authorities, so whether you have an EEA residence card or not, it is a an illegal request to have an EEA fam permit. The UK cooked up their own warped interpretation of the Directive.

It would be scrapped because it is an illegal requirement and is not compatible with community law.

Why is the EEA family permit illegal? They and Ireland are allowed, in the Directive, to require visas, and they have chosen to require it of everyone. They Uk has decided to call this a EEA family permit.

They also ask all sorts of questions on their forms. They should not ask them (and many are rude and intrusive), but you do not have to answer them. I do not think your application will be turned down.

Note that the Directve also includes the escape clause which says you can show up without a visa and if you can prove that you have the right of free movement (generally: two passports and a marriage certificate), they must let you in. This applies in all EU countries including the Uk and Ireland.

[Richard66]

It isa illegal when required from people already in possession of residence cards issued by another member state. I have this in writing from the European Commission.

In many ways the EEA FP is less than a visa: most Schengen couintries are able to give you a visa valid fro 5 years, similar to the UK visit visa, but the EEA FP is valid only for 6 months.

You do not need to answer the questions... On the online form it is impossible!

Such an escape clause is all very well when you have a land border, but, unless you have your own yacht or plane, it will be very difficult to arrive at the border unimpeded.

[John]

it will be very difficult to arrive at the border unimpeded.

That would depend upon whether the person is a Visa National .... always requiring permission to travel to the UK ... or a non-visa national ... who does not need a visa to travel to the UK as say a visitor.

But even for the Visa National, still the possibility of turning up at the juxtaposed immigration controls in say Paris or Brussels, and see what happens. If you get passed there, you could then board the train. Or at one of the ferry ports in France or Belgium, board the ferry or train.

[isceon]

Richard says:
You do not need to answer the questions... On the online form it is impossible
Yes you could just type: I do not have to answer this question

[Directive/2004/38/EC]

Richard says:
You do not need to answer the questions... On the online form it is impossible
Yes you could just type: I do not have to answer this question :wink: :lol:

Not always so simple. This is true for free-form answers, but it does not work if you need to pick an answer from a list or answer yes/no before it will accept your answer.

[Richard66]

Of course one could always answer "no". In any case they cannot deny the EEA FP and, since they do not have access to the Schengen Information system, it will be difficult to gain some information. I would say that if they are not entitled to obtain information you can refuse to give it this way and then write on the printout: "you are not entitled to ask this question."

What beats me is this: can anyone tell me why they need to know where the non-EU family member's parents were born? Is this part of the scheme to make the UK the greatest police state in existence? I once asked my wife where her mother was born. The answer was, "I have to ask her." I remember her once filling in a form (for something else) and I was the one who remembered her mother's date of birth.