Definately they will refuse you for this reason but I must say due to this new report :Richard66 wrote: being pregnant, I am very much afraid they will decide we are going there for the child to be born — and refuse it. What do you think?
The UK Border Agency is updating its guidance in the light of the judgment:
The UK Border Agency is implementing the ECJ judgment in the case of Metock, which relates to the conditions under which European economic area (EEA) nationals' direct family members can reside in the UK. Updated guidance will be published shortly. The UK Border Agency's processes for assessing applications from those in the UK are already compliant with the Metock ruling.15
Any application which is pending at the moment and to which UKBA seeks to apply national immigration rules should now be decided on the basis of the Metock decision. Any attempt by UKBA to apply national immigration rules to EU national’s third country national family members should be countered with a threat of or claim for damages (this is the remedy prescribed by EU law).
Any practice by UKBA which appears to make the exercise of residence, work or benefits rights/entitlements more difficult after 1 May 2006 than it was before is suspicious under the Metock principle of the increase of rights.
UK Comments
If UKBA resists applications for residence cards or EEA permits for third country national family members of migrant EU citizens (as defined in the directive) on the basis of the Immigration Rules this is inconsistent with the judgment and the question is one of damages for the EU citizens and their family members who are adversely affected. All entry clearance and residence card applications for third country national family members of migrant EU nationals must be decided exclusively on the basis of the Directive not UK Immigration Rules
http://www.parliament.uk/commons/lib/re ... -04900.pdf
The UK might not have the right to make or refuse EEA Family permit under national law again as its says all EU family member visa must be made under/base on EU family member Directive or law and EU law says you can apply for a family entry visa ONLY with marriage certificate, passport or any form of Identification.
So maybe you can call the UK embassy in Italy to ask if this as being implemented or they are aware of this new update...
