MY EU TREATY RIGHTS AND WHERE TO GET SOME INFO!

[xhesika]

I want to go to greece to live with my husband who already has his 2nd two year greek residence permit (he is non-eu national+ i a british citizen) but we would like to exercise my eu treaty rights by applying for a family permit so we can freely travel throughout europe with no stress etc when we want to go on holiday + also so we can settle in greece for a while as a married couple etc. I have looked on the links about 'the surinder singh case but I cannot find any info about application forms, documents needed for sucessful application,fees, or where we have to apply...................Please, any help will be appreciated.

[Directive/2004/38/EC]

Surinder singh is only important if you later decide you want to move back to the UK.

First you need to move to Greece. Working in Greece is one way of exercising your treaty rights while there. I belive that studying is another way, though I am not 100% certain.

Once in Greece, you need to do the things at all EU citizens are required to do if you want to stay for more than 3 months. It may be that you have to register yourself at some office and show some evidence that you are working. Should be easy and quick to do.

You may want to apply for a EU law based Residence Card for your husband, which would likely replace his existing work permit. This is a way of documenting that he is married to you and has a right of free movement.

Later if you want to move back to the UK, it should be an easy application

[Dawie]

I want to go to greece to live with my husband who already has his 2nd two year greek residence permit (he is non-eu national+ i a british citizen) but we would like to exercise my eu treaty rights by applying for a family permit so we can freely travel throughout europe with no stress etc when we want to go on holiday + also so we can settle in greece for a while as a married couple etc. I have looked on the links about 'the surinder singh case but I cannot find any info about application forms, documents needed for sucessful application,fees, or where we have to apply...................Please, any help will be appreciated.

As Greece is a member of the Schengen agreement, your husband's Greek residence permit already gives him the ability to travel throughout the Schengen area without needing another visa.

[Wanderer]

You said in another post that you are half Polish.

Why not look into obtaining Polish citizenship and exercising ur treaty rights in Uk?

[xhesika]

because my father refused to have his name put on my birth certificate when i was born so i do not have any evidence as such that i am half polish.

The question is, I know my husband has a residency permit, BUT i would sometimes like him to join me with our future kids to the uk and the rest of europe without being hauled into immigration at ports even though he is as you say allowed to travel anywhere in europe on his permit though this does not include uk and in the past,travelling even through european countries has actually been difficult upon presentation of my passport ( saying im british) his passport ( with residency permit) and our marriage certificate.

Hve spoken to someone today, they say that we should apply again at the embassy submitting new evidence+contesting their claims, so i will go out and find a job, even if it kills me and I cant fly out there at the min due to docs advice so keeping us apart is infact breaching our human rights?

o i dont know its all so complicated,weve been doing this for 4 years now + it wont stop yet as far as i know,sometimes i think it would of been better to buy a fake passport for my husband and then he wouldnt have these problems. I found a fake passport in his post just under a year after i met my then boyfriend/now husband and he had recieved it through the post that morning at a price of 2,500,i gve him an ultimatum,he either sends it back,or we split,,,,,,,,,,,,,,,he sent it back,straight away,even went to burn it but i said no just send it back..............we went straight to the post office,sent it back to its place,he was 2,500 minus but he said he loved me and didnt care .......................sometimes i wish he still had it.

[Directive/2004/38/EC]

Hve spoken to someone today, they say that we should apply again at the embassy submitting new evidence+contesting their claims, so i will go out and find a job, even if it kills me and I cant fly out there at the min due to docs advice so keeping us apart is infact breaching our human rights?

o i dont know its all so complicated, weve been doing this for 4 years now + it wont stop yet as far as i know

Which embassy did you apply to in which city? Contesting what claims? What evidence do you think you need to provide?

What exactly has been happening in the past 4 years?

If you provide a little clear background information it will make it a lot easier to direct you towards suitable resources.

[xhesika]

Hve spoken to someone today, they say that we should apply again at the embassy submitting new evidence+contesting their claims, so i will go out and find a job, even if it kills me and I cant fly out there at the min due to docs advice so keeping us apart is infact breaching our human rights?

o i dont know its all so complicated, weve been doing this for 4 years now + it wont stop yet as far as i know

Which embassy did you apply to in which city? Contesting what claims? What evidence do you think you need to provide?

What exactly has been happening in the past 4 years?

If you provide a little clear background information it will make it a lot easier to direct you towards suitable resources.

MY HUSBAND WAS DEPORTED IN 2004 WE THEN APPLIED FOR A VISIT VISA IN NOV 2004 TO ATTEND MY SISTERS FUNERAL,IT WAS REFUSED.WE THEN MARRIED IN 2005 AND WE APPLIED OFR A FAMILY VISIT TO ATTEND MY SISTERS MEMORIAM IN NOV 2005 IT WAS ALSO REFUSED AND NOW THEY ARE REFUSING THIS ONE WHICH NONE OF THE PREVIOUS VISA APPLICATIONS STATE ANYTHING ABOUT IDENTITY

[color=blue]Which embassy did you apply to in which city? [/color]WE APPLIED IN ATHENS AT THE BRITISH EMBASSY AS WE HAVE BEEN LIVING IN GREECE FOR THE PAST YEAR,MY HUSBAND HAS HIS SECOND 2 YEAR RESIDENCE PERMIT.
Contesting what claims?
You state that your name is JO BLOGGS, that you were born on 12 October 1982 and that you are a citizen of Albania. This is consistent with the information shown on the passport you have submitted. When you submitted your visa application you gave fingerscans which were checked against a database in the United Kingdom. Having consulted the database I am satisfied that you have previously entered the United Kingdom clandestinely and that you sought leave to remain on 13 January 2001. You told the authorities in the United Kingdom that your name was JOE BLOGGS, that your date of birth was the same as the one mentioned in this application and that you were a citizen of Yugoslavia. Your application was refused on 16 May 2001. Your appeal was dismissed on 23 January 2003.(STILL BY APRIL 2004 MY HUSBAND HAD NOT HEARD A PEEP FROM HIS SOLICITOR WHO PLEASE NOTE,IS NO LONGER AT THE PRACTICE IN LEICESTER (JOHAR&CO) Despite this you remained in the United Kingdom before being detained on 7 May 2004 and removed to Kosovo on 13 May 2004. I note that you claimed to be a national of Yugoslavia up to the point of removal. (HE INFORMED HIS SOLICITOR OF THE ERROR IN HIS NAME MANY TIMES WHEN HE WENT TO VISIT HIM AT THE PRACTICE,THE ANSWER WAS ALWAYS THE SAME 'YES WE WILL SORT IT' AND THE NATIONALITY PART WAS NOT CHANGED EITHER EVEN THOUGH INFORMING THE SOLICITOR HE WISHED TO CHANGE IT,THE SOLICITOR WAS CRAP,HE CONSTANTLY SAID THERE HAD BEEN NO UPDATES ON HIS CASE,SAID HE WAS SORRY HE LOST MY HUSBANDS NUMBER,HE WAS SORRY HE SENT THE LETTERS TO THE WRONG ADDRESS....IN THE END WE FOUND OUT THROUGH ANOTHER GOVERNMENT AGENCY IN APRIL 2004 THAT HE HAD BEEN REFUSED,WENT STRAIGHT TO SOLICITORS,ASKED THEM FEW TIMES IF THERE HAD BEEN ANY UPDATE ANSWER WAS 'NO NOT YET' I GOT QUITE ANGRY AND SAID GO CHECK YOUR FILES AND LO AND BEHOLD THEY PRODUCED A REFUSAL DATED JANUARY 2003,COUPLE OF WEEKS LATER MY HUSBAND WAS DEPORTED TO KOSOVO,REGARDLESS OF TELLING THEM HE WAS FROM ALBANIA) AND....................In view of the discrepancies between the personal information you gave when previously in the United Kingdom and the information contained in the passport you have submitted with this application, I am not satisfied that you are JOE BLOGGS of Albania. Therefore I am not satisfied that you are the person named on the marriage certificate you have submitted. As such I am not satisfied on the balance of probabilities that you are married to or the civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement, as required by paragraph 281 (i) (a) of the Rules.(THIS HAS REALLY CUT ME UP) AND................
You have also submitted evidence of your own funds in the form of two bank books. The first is in your sole name and shows a closing balance on 12 March 2007 of EUR 504.31 (GBP360.22 @ GBP1 = EUR1.4). Given that the bank book has not been updated for the last eight months I am not satisfied that the funds shown are currently available to you.(THIS IS BAD COS WE SUBMITTED THAT HOPING IT WOULD BE 'GOOD' EVIDENCE BUT THEY HAVE JUST USED IT AGAINST US,WE DIDNT WANT TO SHOW THEM WE HAD THE MONEY IN THERE,JUST THAT MY HUSBAND HAD A REGULAR BANK BALANCE BEFORE I ARRIVED IN UK+WE COTINUED THAT IN OUR JOINT ACCOUNT) You have submitted a second bank book in joint names wiTH YOUR WIFE. The closing balance on 23 November 2007 was EUR 4,120.01 (GBP 2,942.86). I note that as recently as 21 October 2007 the balance was much lower at EUR 2,020.01 (GBP1,442.86). You have failed to submit any evidence of your income, although you have submitted a letter from a moped hire centre which states you and YOUR WIFE were employed there during the summer season. I know from local knowledge that this type of work pays in the region of EUR 800 (GBP 571.43) per month.(LOCAL KNOWLEDGE MY ARSE,IF THEY KNEW ANYTHING THEY WOULD KNOW THAT THE WAGES WE WERE PAID WERE ACTUALLY 1,100 EURO PER MONTH EACH PLUS TIPS + EXTRA AT THE END AS FILM COMPANY WHO WERE FILMING THE rubbish 'MAMMA MIA' RENTED ALL OUR CARS FOR 3MONTHS + MY HUSBAND RECIEVED SOME DELAYED WAGES FROM HIS PREVIOUS JOB AS A PAINTER) I am not satisfied that you would have been able to save such a large amount over such a short period given the average salary for the type of work you have been doing and the relatively high cost of living in Greece.(WE LIVED A VERY BASIC LIFE IN GREECE,ITS AN ISLAND AND NICE CHEAP HOUSES ARE NOWHERE TO BE FOUND SO WE LIVED IN A DUMP OF A FLAT CONSISTING OF 1 SINGLE BEDROOM,1 LIVING ROOM,1 Spam AND A MINI BATHROOM,THIS HOUSE WAS IN AWFUL STATE WHEN WE FOUND IT BUT WE FIXED IT UP REALLY NICE,ALTHOUGH TOWARDS THE END IT WAS BEGINNING TO SHOW ITS TRUE COLOURS......! WE LIVED THERE FOR 10MONTHS BUT AT LEAST WE WERE TOGETHER) I note in particular that the summer season ended on 31 October so you were both without work for three weeks of the month in question(I SUFFERED A STROKE WITHIN THIS TIME SO WAS IN AND OUT OF HOSPITAL WHICH WAS A BOAT TRIP AWAY AND MY HUSBAND ACCOMPANIED ME MOST TIMES ( 6 TIMES BETWEEN SEPT+NOVEMBER). You have failed to submit evidence of the provenance of the funds in this account.(OUR ACCOUNT BOOK,OUR EMPLOYMENT LETTER AND TENANCY AGREEMENT OF €200 EURO PER MONTH OBVIOUSLY NOT SUFFICIENT!) In view of this and of my doubts about the overall credibility of your application I am not satisfied that the funds shown in the bank book are genuinely available to you.




What evidence do you think you need to provide?
WELL I DONT KNOW FOR THE IDENTITY PROOF OR OUR BANK BALANCE,FOR THEM I NEED URGENT ADVICE! BUT THE OTHER REFUSAL PROBLEM IS I AM NOT CURRENTLY WORKING DUE TO MY STROKE(THOUGH TODAY I HAVE REGISTERED WITH JOB AGENCY,WILL HOPEFULLY BE WORKING BY THURS) THEREFORE MY MUM WOULD BE SUPPORTING US BY MEANS OF ACCOMODATION ONLY+MY HUSBAND CAN ACTUALLY WORK WHEN HE COME HERE ANYWAY+OUR BANK BALANCE WAS WHAT WE THOUGHT WOULD BE SUFFICIENT+TRUE,OBVIOUSLY NOT.
THEY HAVE STATED THAT THEY HAVE REASON TO REFUSE ON ACCOMODATION GROUNDS AS SHE MAY NOT BE ABLE TO SUPPORT 2 EXTRA PEOPLE WITHOUT RECOURSE TO PUBLIC FUNDS BECAUSE SHE HAS BEEN OVERDRAWN ON AVERAGE OF EVERY 2 MONTHS OVER THE LAST YEAR,THIS I COULD UNDERSTAND IF IT WAS CONSISTENT WITH WHAT HER BANK STATEMENTS STATE,ECM TALKING CRAP! THE MONEY SHE SPENDS ON TELEPHONE ALONE IS £6O PER WEEK TO CALL ME BECAUSE WE ARE CLOSE AND SHE MISSES ME,SO EVEN THOUGH THEY STATE THAT SHE IS OVERDRAWN AS I SAID ABOVE SHE WOULD BE SAVING ON AVERAGE OF £60 PER WEEK IF SHE DIDNT HAVE TO CALL ME! BUT THATS BESIDE THE POINT! SO NEW EVIDENCE WOULD BE A: TENANCY AGREEMENT IN MY NAME OR MUMS, b: MY BANK STATEMENTS(IF I GET A GOD DAMN JOB) C:MY EMPLOYMENT CONTRACT( YET AGAIN DEPENDANT ON JOB) AND A STATEMENT FROM MUMS BANK STATING THAT NO INFACT SHE HAS NOT BEEN OVERDRAWN LIKE THEY STATE AT THE EMBASSY AND LETTERS OF SUPPORT FROM MY FRIENDS ETC AND FINALLY DOCTORS LETTER TO SAY IM NOT FAKING MY CLAIMS OF HAVING A STROKE.
AND................................THEY SAID.........................
In assessing your application I have borne in mind your rights under Article 8 of the European Convention on Human Rights. I acknowledge that YOUR WIFE would like to return to the United Kingdom to be with her mother. However, I note that she is currently in Greece and according to the letter from your mother-in-law she will remain there as long as you do[/color].(I HAVE ACTUALLY BEEN IN UK SINCE 28TH NOVEMBER,THEY KNEW THIS AS I EMAILED THEM AND IT ALSO STATED THIS ON THE APPLICATION FORM,MY MUMS LETTER WAS ACTUALLY WRITTEN BEGINNING OF NOVEMBER AND WE WERE MESSED AROUND BY EMBASSY SO MUCH BY THEM SAYING AFTER 4 HOURS OF WAITING (APPT WAS 10.50,DIDNT GET SEEN TO TIL 14.30) TO BE SEEN BY ECM AT THE APPOINTMENT 26TH NOV THAT "WE NEEDED TO GET OUR MARRIAGE CERT CERTIFIED BY ALBANIAN EMBASSY"(WHICH WE DID AFTER PAYING FOR TAXIS FROM ONE END OF ATHENS TO THE OTHER AND THEN PAYING FOR IT TO BE CERTIFIED+BY THE TIME WE HAD GOT BACK TO UK EMBASSY THEY WERE CLOSED MY HEALTH WAS REALLY BAD SO I RETURNED TO THE UK 28TH NOVEMBER AND WILL BE HERE FOR A WHILE YET AS CANT FLY WHICH THEY ALSO KNOW AFTER I HAVE EMAILED THEM ABOUT 15 TIMES AND MY HUSBANDS VISA APPLICATION SUBMISSION DATE WAS 29TH NOV AND HE WAS TOLD THAT HE WAS 'LUCKY TO BE ALLOWED THE CHANCE TO SUBMIT HIS PAPERS AND SO HE MUST WAIT FOR INTERVIEW DATE WHICH HE NEVER GOT AS THEY REFUSED HIM STRAIGHT UP ) I am also reminded that visa applicants who wish to settle in the United Kingdom must still meet the requirements of the Immigration Rules. Bearing all of this in mind I am satisfied that this decision is necessary and justified in the interest of maintaining effective immigration control.
SORRY ITS LONG BUT I THOUGHT ID INCLUDE AND EXPLAIN ALL X SO THOERETICALLY IT IS BREACHING OUR HUMAN RIGHTS AS I AM PHYSICALLY UNABLE TO TRAVEL ANYWHERE AND THEY HAVE REFUSED HIS VISA SO THEREFORE WE ARE BEING KEPT APART,,,,IS THIS CORRECT?

[Directive/2004/38/EC]

I want to go to greece to live with my husband [...] also so we can settle in greece for a while as a married couple etc.
[...]
WE HAVE BEEN LIVING IN GREECE FOR THE PAST YEAR

As far as I understand, you are already both settled and living together as a married couple in Greece. But what you wrote above makes it sound like you that is a goal but not what is presently happening. Which is correct?

It also sounds from what you said that your husband has a history of purchasing false identities and that the UK embassy in Athens seems aware that he has used other travel documents in the past.

You might want to consider what whether your husband has told you the complete honest story about his previous travels to the UK, and under which name and passport he travelled. It may be he is leaving out important information which will make the answer from the embassy make more sense.

If he wishes to travel to the UK, he will need to be very honest in the application. He may have lied in the past, but he needs to stop doing it now.

Best of luck to both of you in your life together!

[xhesika]

I want to go to greece to live with my husband [...] also so we can settle in greece for a while as a married couple etc.
[...]
WE HAVE BEEN LIVING IN GREECE FOR THE PAST YEAR

As far as I understand, you are already both settled and living together as a married couple in Greece. But what you wrote above makes it sound like you that is a goal but not what is presently happening. Which is correct?

It also sounds from what you said that your husband has a history of purchasing false identities and that the UK embassy in Athens seems aware that he has used other travel documents in the past.

You might want to consider what whether your husband has told you the complete honest story about his previous travels to the UK, and under which name and passport he travelled. It may be he is leaving out important information which will make the answer from the embassy make more sense.

If he wishes to travel to the UK, he will need to be very honest in the application. He may have lied in the past, but he needs to stop doing it now.

Best of luck to both of you in your life together!

we were living in greece from january 24th 2007 to november 28th 2007(i have only tickets for airoplane as proof of this as i didnt realise until reading this forum that you should register your presence for stays of more than 3 months) but I now live in UK and my husband in greece because i had a stroke+ had to return to uk sooner than expected and now i cant fly in the immediate future+his visa has been denied.
Yes my husband purchased a fake id,down a dark street kind of one(not at all his nationality or name just his photo) BUT did not use it as he sent it back the same day that he got it as i told him it was me or that + the only reason he did originally get the passport it was because he thought it a way to end the asylum appeal sitution that he was in,obviously very silly mistake but HE NEVER USED IT AS ID AS IT WAS ONLY IN HIS HOUSE FOR 2 HOURS BEFORE BEING PUT ON SPECIAL DELIVERY TO ORIGINAL SENDER! so HE HAS NEVER USED A FAKE ID, he is who he has said he is and still is that same person with same name and same birthdate.

NO i can rest assured that he did not lie to me about his identity at any point, i have always known him as JO BLOGGS FROM ALBANIA,even though i knew the authorities in uk thoght he was JOE BLOGGS FROM KOSOVO(whilst he was present here) because like i say his solicitor was crap and messed it all up which if not messed up could of been rectified asap to stop this confusion we are experiencing at present.

MY HUSBAND DID NOT HAVE ANY TYPE OF TRAVEL DOCUMENT IN UK,he neither had one when he arrived to uk the first time or when he was deported, BECAUSE HE CAME WITH NO ID or travel docs+has never had any whilst being in uk claiming asylum! he had no passport no nothing.

and with regards to the lies,we have been 100% truthful in all the visa applications,not one time before have they EVER mentioned false identity to my husband,they know he claimed asylum but 99.9% of all albanians currently married+living in uk have at some point clamied asylum,under a totally fake id,but they are still granted a visa. twice we have applied in albania twice we have been refused both for money probs and disbelief in where the money in our joint or separate accounts had come from but with no mention to my husbands fake id (thats probably cos he isnt actually a fake!) and now we apply in athens with everyhing but they have refused it. me and my husband know alot of things about how lies can affect applications for a visa,we arent stupid,we know that if he lied it would all show up on the database anyway, as he was in uk before,so no there were no lies to the embassy at any time ( i should know,i double checked his application before he clicked the button to book appt).

i hope one day we can get it sorted out as soon as eventually permits!

[xhesika]

I want to go to greece to live with my husband [...] also so we can settle in greece for a while as a married couple etc.
[...]
WE HAVE BEEN LIVING IN GREECE FOR THE PAST YEAR

As far as I understand, you are already both settled and living together as a married couple in Greece. But what you wrote above makes it sound like you that is a goal but not what is presently happening. Which is correct?

It also sounds from what you said that your husband has a history of purchasing false identities and that the UK embassy in Athens seems aware that he has used other travel documents in the past.

You might want to consider what whether your husband has told you the complete honest story about his previous travels to the UK, and under which name and passport he travelled. It may be he is leaving out important information which will make the answer from the embassy make more sense.

If he wishes to travel to the UK, he will need to be very honest in the application. He may have lied in the past, but he needs to stop doing it now.

Best of luck to both of you in your life together!

I now live in UK because i had a stroke+ had to return to uk sooner than expected and now i cant fly in the immediate future.
Yes my husband purchased a fake id,down a dark street kind of one(not at all his nationality or name just his photo) BUT did not use it as he sent it back the same day that he got it as i told him it was me or that + the only reason he did originally get the passport it was because he thought it a way to end the asylum appeal sitution that he was in,obviously very silly mistake but HE NEVER USED IT AS ID AS IT WAS ONLY IN HIS HOUSE FOR 2 HOURS BEFORE BEING PUT ON SPECIAL DELIVERY TO ORIGINAL SENDER! so HE HAS NEVER USED A FAKE ID, he is who he has said he is and still is that same person with same name and same birthdate.

NO i can rest assured that he did not lie to me about his identity at any point, i have always known him as JO BLOGGS FROM ALBANIA,even though i knew the authorities in uk thoght he was JOE BLOGGS FROM KOSOVO(whilst he was present here) because like i say his solicitor was crap and messed it all up which if not messed up could of been rectified asap to stop this confusion we are experiencing at present.

MY HUSBAND DID NOT HAVE ANY TYPE OF TRAVEL DOCUMENT IN UK,he neither had one when he arrived to uk the first time or when he was deported, BECAUSE HE CAME WITH NO ID or travel docs+has never had any whilst being in uk claiming asylum! he had no passport no nothing.

and with regards to the lies,we have been 100% truthful in all the visa applications,not one time before have they EVER mentioned false identity to my husband,they know he claimed asylum but 99.9% of all albanians currently married+living in uk have at some point clamied asylum,under a totally fake id,but they are still granted a visa. twice we have applied in albania twice we have been refused both for money probs and disbelief in where the money in our joint or separate accounts had come from but with no mention to my husbands fake id (thats probably cos he isnt actually a fake!) and now we apply in athens with everyhing but they have refused it. me and my husband know alot of things about how lies can affect applications for a visa,we arent stupid,we know that if he lied it would all show up on the database anyway, as he was in uk before,so no there were no lies to the embassy at any time ( i should know,i double checked his application before he clicked the button to book appt).

i hope one day we can get it sorted out as soon as eventually permits!

[Dawie]

I don't see what the big deal is. Judging by your husband's past, he's pretty lucky to be able to live in Greece, plus he has a Greek residence permit that allows him to travel all over Europe.

Ok, so he can't visit the UK or Ireland, but big deal. He's not really missing that much. Why not just settle down in sunny Greece and forget about the UK? If your husband waits long enough he will either become a Greek citizen after a few years, or Albania will join the EU. Either way he will eventually be able to visit the UK without a visa.

[xhesika]

I don't see what the big deal is. Judging by your husband's past, he's pretty lucky to be able to live in Greece, plus he has a Greek residence permit that allows him to travel all over Europe.

Ok, so he can't visit the UK or Ireland, but big deal. He's not really missing that much. Why not just settle down in sunny Greece and forget about the UK? If your husband waits long enough he will either become a Greek citizen after a few years, or Albania will join the EU. Either way he will eventually be able to visit the UK without a visa.

yes and ill go hang myself of the nearest tree!
the point is, i cant TRAVEL ANYWHERE AND AIR TRAVEL FOR ME IS FORBIDDEN FOR THE FORESEEABLE FUTURE BECAUSE OF MY HEALTH AND DOCTOR TOLD ME I AM FORBIDDEN FROM FLYING ON ANY KIND OF AIRCRAFT.
my mum being here and it being the place i grew up in should be a reason why i would like to settle here but as i am british born and bred,why shouldnt i be able to live here happily with my husband?
and the cost of living in greece permenantly is not good, BECAUSE AND ONLY BECAUSE my health problems need attention quite often,the hospitals are very expensive( yes ive gone down the route of the ika insurance book(they refuse to give me my own and wont include me on my husbands ika book) and the ehic is useless,even for a holiday because when you show them,they take you round the hospital a million times seeing various people on the way,they shout at you and say ika ika ika or they tell you in no uncertain terms to f@@k off so living there and speaking the lingo doesnt make it easier to tell them that theyre wrong about it + subsequently we have had to fork out just under £2,400 in 3 months just to see docs,not any ops,no tests(bar 2 blood tests which i paid 68euro for each)plus the 160€ return for me and husband for boat from our island to mainland if i take a trip to hospital,plus hotel at 50€ pernight cos boats dont go every hour,more like every 24 hours plus taxis to and from hospital.......................so the cons are outweighing the pros, i would love to live in greece with my husband and all his family,they have all been resident there for 13 years,all legal with all papers and documents needed + will probably stay that way forever. so yes i think you are wrong, if you knew the whole story you would understand better.........but you are quite welcome to voice your views, its ok as it gives me a different array of opinions!

[Directive/2004/38/EC]

I don't see what the big deal is. Judging by your husband's past, he's pretty lucky to be able to live in Greece, plus he has a Greek residence permit that allows him to travel all over Europe.

Ok, so he can't visit the UK or Ireland, but big deal. He's not really missing that much. Why not just settle down in sunny Greece and forget about the UK? If your husband waits long enough he will either become a Greek citizen after a few years, or Albania will join the EU. Either way he will eventually be able to visit the UK without a visa.

Dawie

Under European law, family members of an EU citizen also have a right of free movement, pretty much just as EU citizens do. I disagree with the “pretty luckyâ€

[Dawie]

Her husband's right to live in Greece has got nothing to do with being married to an EU citizen and he is not living there as the the family member of an EU citizen under Directive 2004/38/EC, so I'm not sure what you're on about?

I say he's pretty lucky because all things considered Greece would have had every right to revoke his Greek residence permit had they gotten wind of his misadventures in the UK.

[xhesika]

FOA: DAWIE
um firstly HER has got a name and secondly if you read my post properly you will note that no we arent living together at the minute although WE WERE LIVING IN GREECE TOGETHER FROM 24 JANUARY2007-28 NOVEMBER 2007 AS I HAD A STROKE IN NOVEMBER 2007 and HAD TO COME BACK TO THE UK 28TH NOVEMBER FOR TREATMENT AND WHILST HERE I HAVE SUFFERED ANOTHER BLOOD CLOT SO.........my doctors have forbidden me to fly and as I am writing this I am attached to a 24hour ECG so health problem still ongoing but hopefully will be sorted soon! AND SUBSEQUENTLY WE ARE NOT TOGETHER IN ANY COUNTRY A; COS OF MY HEALTH AND B; COS HE WAS REFUSED A VISA.

I find it amusing that you think its pretty lucky that he is allowed to stay in greece, he has just as much right as anyone else who wants to go there though I doubt us europeans have to foot the bill he does when applying for a permit!

Directive/2004/38/EC:

Thankyou for your help, you have been great. no we were applying for a UK visa at athens british embassy. we may apply again as I just got home and found out im starting work on friday!!! some good news came out of some bad news i suppose! Obviously if all else fails we will apply to stay in greece as a married couple if all permits health wise.
you're a star thankyou once again.
and how can my husband request both home office files + whats the fees for this? AND do you have any idea what is classed as substantial evidence to prove your identity ( excluding passport obviously!)???
thankyou
chloe

[Dawie]

I find it amusing that you think its pretty lucky that he is allowed to stay in greece, he has just as much right as anyone else who wants to go there though I doubt us europeans have to foot the bill he does when applying for a permit!

As the law stands, only Greek citizens have an absolute right to live in Greece, and EU citizens have a conditional right to live there. Non-EU citizens do NOT have as much right to live in Greece as anyone else.

[archigabe]

Xhesika, I think there's light at the end of the tunnel for you.

http://business.timesonline.co.uk/tol/b ... 129293.ece

A spouse who had married an overseas overstayer was entitled to have his right to a family life to be taken into account, although he was not a formal party to the proceedings seeking the removal of the overstayer.

The Court of Appeal so held, allowing the appeal of the claimant, AB, against the dismissal by the Asylum and Immigration Tribunal of her appeal against the refusal by the Secretary of State for the Home Department, on September 8, 2004, of her application for leave to remain on the ground of her marriage.
Depending on the particular case, there could be a world of difference between expecting a foreign national, although settled here, to return with his family to his country of origin and expecting a British citizen who had lived here all his life and had an inalienable right of abode here, to live and work and find accommodation in another country or else forfeit his marriage.

In substance, though not in form, the claimant’s husband was a party to the proceedings. It was as much his marriage as hers which was in jeopardy, and it was the impact of removal on him rather than on her which, given the passage of time since the marriage, was critical. His Convention rights were as fully engaged as hers.

It could not be permissible to give less than detailed and anxious consideration to the situation of a British citizen who had lived here all his life before it was held reasonable and proportionate to expect him to emigrate to a foreign country in order to keep his marriage intact.

congratulations!

[xhesika]

I find it amusing that you think its pretty lucky that he is allowed to stay in greece, he has just as much right as anyone else who wants to go there though I doubt us europeans have to foot the bill he does when applying for a permit!

As the law stands, only Greek citizens have an absolute right to live in Greece, and EU citizens have a conditional right to live there. Non-EU citizens do NOT have as much right to live in Greece as anyone else.

THIS IS GENERALLY THE SAME FOR ALL COUNTRIES HONEY!

i cant be bothered to go through this with you and would rather settle for advice from directive,he/she seems clued up and has been very helpful unlike some people.IF WE WERE TO APPLY FOR AN EU SPOUSE VISA AS OPPOSED TO THE UK ONE WE WOULD HAVE EVERY RIGHT TO DO SO BECAUSE CONTRARY TO POPULAR BELIEF EUROPEAN LAW IS MUCH MORE STABLE,STRONGER + INFLUENTIAL THAN THE UK LAW............SO UNDER THESE EU LAWS YES I AS A BRITISH CITIZEN HAVE EVERY RIGHT TO APPLY TO THE APPROPRIATE BODIES TO EXERCISE MY EU TREATY RIGHTS IN REGARDS TO SETTLING IN GREECE WITH MY HUSBAND AS MY DEPENDENT.ALSO I BELIEVE THAT FAMILY OR DEPENDENTS OF EU CITIZEN HAVE A RIGHT TO EMPLOYMENT ON THAT FAMILY PERMIT TOO!SORRY PEOPLE BUT I AM NOT TOO GOOD WITH MY WORDS TODAY, NOT MUCH MAKES SENSE.HOPE YOU UNDERSTAND IT.

[xhesika]

Thanks for that link! its good news for all overstayers, it think, maybe i will show it to my lawyer!
I have been recomended a lawyer by my close friend, she is from london, so to discuss in full i gotta go to london,havent discussed anything apart from basics with her thats why i need some advice from you lovely people!
Although
As far as I know,we will apply again in a couple of months, as now I am working 40 hour week as from sunday evening in the place that makes all your jiffy bags and bubble wrap!
its good news for visa sitution and will also be taking over my friends rented property towards end of feb which is an added bonus although we will probably have to jump through hoops to be successful in gaining a visa for my husband,but its just a waiting game.............probably always will be.
The pain of being away from my husband is undescribable and i am so greatful to all of you who have added your comments advice or opinions, i still need advice if you want to add any.

Thankyou to all and god bless xx

[clairey]

Xhesika, I really feel for you. Try not to stress too much as it won't help your health problems. It's a good thing you're getting legal advice. Interesting that they should refuse you on the financial side. I know quite a few Albanians now who have been refused visas now because ECOs have decided there is too much money in the account, even when they have been shown bank books. I also think they are trying to crack down on Albanians who claimed asylum as Kosovars. I hope your situation is sorted out soon so you can be with your husband.

[Dawie]

So you're healthy enough to work 40 hour weeks but you can't travel?

[xhesika]

are you a total idiot or what? I have been advised not to work seeing as I got a 6month sick note which i have forwarded back to the doc saying i dont want it,I NEED TO WORK, I dont wanna live off the governments handouts as it a long road and quite difficult to get out of as the incentive is 0 if you decide to go back to work,i earn 4.05 less than my friend who is on benefits AND FOR YOUR INFORMATION whilst im working here in uk, I can recieve the treatment that i require where as abroad I CANNOT, dont tell me about the eu laws cos they dont listen when it comes to hospitals, I know this from my experience. and the topic of this subject isnt for you to bring up the fact i cant fly but can work,AS FLYING MAKES YOUR BLOOD POOL AND INCREASES CLOTTING ACTION WHICH CAUSES EITHER HEART ATTACK OR STROKE,PLUS I CANNOT GET THE RIGHT MEDICAL TREATMENT OVER IN GREECE OR ALBANIA! this is why I CANT FLY duh,although i have been signed off work,i will go to work,firstly im bored home all day,secondly i need some stability thirdly i want my husband back where he belongs.....with me, i cant come up with a solution so this is what i shall do.......go and work a 40 hour week and earn peanuts ,,,,,,do i have to explain it once again or is this sufficient for you??????

[xhesika]

clairey have pm-ed you x

[xhesika]

so i have been to work, not too bad! THE REASON I AM WRITING is because i would like to know HOW WILL MY HUSBAND PROOVE HIMSELF AS IN HE IS THE ONE ON HIS PASSPORT AND IS THE ONE MARRIED TO ME......................................?

[Directive/2004/38/EC]

I would think that he should try to collect as much documentation which shows he has always been known by that name.

His birth certificate. Written school reports from his early life up until now in his name. Post in his name over the last 20 years. This will also document where he has lived (for the most part) over the last 20 years. Also old passports and old immigration documents. And especially anything stamped by the greek government.