- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
First time my wife was applying from Zambia so it was different case. We tried to apply 3 weeks after marriage. Got refused under not meeting settlement requirements. In warsaw you need to apply online if that is what you mean ... web address is: http://www.visa4uk.fco.gov.uk/ then you book appointment for the day you whish to go and that's it I don't know what will happen next but i will be updating here.skiesowner wrote:Bartek I will not help you but you can do as I am in your same situation that is why I hope you will help answering to me:
-what was the reason for which your first request was denied?after how long time of the marriage you applied the first time?and as I am going to apply in Warsaw too I would like to know how did you waited to have the appointment in the British embassy? thank you very much PAAA
Well I hope that is true and yes my wife has now temporary residence until 02/2010 she can travel within shengen zone with right to stay up to 6 months. Well i have experience that what says directive is one thing and what british say is second (i just don't have time and money to sue them for what they did to my wife in zambia) that's why i am so reluctand to goRichard66 wrote:The UK authorities are not allowed to ask you for bank statements in order to issue your wife with an EEA FP. In matter of fact, they are not event allowed by Directive 38/2004 to ask your wife for any type of visa, if she is in possession of an EEA residence card as a family member.
Technically that is correct: the ECJ has decided that the right of free movement for spouses does not depend on these preconditions. However, there are two more issues to consider. Firstly, if you want to get the visa quickly and without fuss, that obviously requires you to cooperate. Unless they look really bad, handing in your bank statements can only help.Richard66 wrote:The UK authorities are not allowed to ask you for bank statements in order to issue your wife with an EEA FP. In matter of fact, they are not event allowed by Directive 38/2004 to ask your wife for any type of visa, if she is in possession of an EEA residence card as a family member.
At this point one might as well supply all documents needed for a normal spouse visa. Maybe also a certificate from the Hague Tribunal, stating that the bearer has not been indicted for genocide or crimes against humanity (one of the questions on the EEA FP).Firstly, if you want to get the visa quickly and without fuss, that obviously requires you to cooperate. Unless they look really bad, handing in your bank statements can only help.
This I very much doubt. Italy, for one, a Catholic country (I am also Popish!), has as one of its basic constitutional guarantees family unity. I cannot see the Italians changing their constitution to accommodate the UK and Ireland in their pathetic bid to curb illegal immigration.So the legal situation is likely to change, for example by a common statement of understanding, or even a revision of the Directive 2004/38. I can only speculate about the details, but I think movement within the EU will be very easy, but movement into the EU will be judged against stricter rules.
I am not sure I quite understand you there.And the UKBA may well decide to "pre-empt" this legal swing, assuming that by the time the current decisions may be appealed, the change has already happened. Basically this means that the decisions by the ECJ are not implemented. Ok, this is a lot of guesswork, but it does explain the observed behaviour.
I certainly appreciate that, and I intend to do the same if they take more than 6 months for the EEA2 application (which sounds quite likely). But I think it is only fair to mention that a confrontational stance is not going to make it any easier to get a visa. Being right and getting your right are two very different things when dealing with the Home Office.Richard66 wrote:I, for one, refuse to accept this. I have taken it to the European Commission.
What I was trying to say is that the UKBA is acting illegally according to the current situation, and they know it. The main question is why. My guess is that the expect the legal situation to change "in their favour", and they just decide on the basis of what they thing the legal situation will be. Yes, this is currently wrong, but if the change does happen, any appeal would be futile.I am not sure I quite understand you there.And the UKBA may well decide to "pre-empt" this legal swing..
Hi Richard66,Richard66 wrote: The point is, what freedom of movement do I, a British Citizen (second class, I admit, as I am but so by descent) have, when my wife, in order to go to the UK must apply for this EEA? Can you imagine having to go to Rome (think of people who live in Sicily or in Trent), caryying a pile of documents, getting fringerprinted like a criminal for a permit which only lasts 6 months? And if we want to go to the UK twice a year? Must we go through this rigamarole twice a year? Can you imagine the expense we would incur to obtain this "free" bogus visa? And what happens if the Embassy takes exception to my bank statement or to my wife's work contract?
I, for one, refuse to accept this. I have taken it to the European Commission. If no one fights for our rights and liberties we shall soon be slaves.
http://ec.europa.eu/solvit/site/index_en.htmbartek1981 wrote:Can someone kindly tell me how to complain to European Comission?
I can understand how you feel, but I think it is up to the embassy how they handle the interview.bartek1981 wrote:I find this kind of treatment very upseting as i think that i as her husband have right to accompany her!
I am pretty sure that you could fight against the fingerprinting if you want to. The ECJ has repeatedly said that the standard for applications under European law is that it is no more complicated (or expensive) than a passport in the country you are applying for. Since a British passport does not contain fingerprints (and I still wonder why not), a visa under European law should neither.My wife was scanned fingerprinted yet another time and treated as another immigrant tries to enter UK
This is a tricky point. The law says that member states can implement measures against marriages of convenience. But casework law also says that they are only allowed to ask for further evidence if there is evidence for a marriage of convenience, and they cannot suspect that in every applicant.Simple question to uk authorities will be how come my marriage is a marriage of convieniance
I would recommend to contact SOLVIT first, they can be incredibly helpful. You have to contract the branch in your native country. Of course you can also complain to the European Commission http://ec.europa.eu/community_law/your_ ... rms_en.htm . But please make sure that you have a good case, after all you want it to stick.Can someone kindly tell me how to complain to European Comission?
I was not aware that interviews were part of a simpified and accelerated procedure. I was also not aware you needed to have funds in order to go there. This seems a very elastic interpretation of a rule that does not exist.I can understand how you feel, but I think it is up to the embassy how they handle the interview.
To the UK every marriage to a visa national seems to be a marriage of convenience. It is up to the couple to prove otherwise. I, for one, have lived either in Italy or France since 1994. Of course, I married a Russian psychologist in 2007 only so she could go as an illegal imigrant to the UK to wash dishes in a seedy restaurant in a moth-eaten inner city. It's so obvious, principally if you consider we are still together and a baby is coming. Maybe it will be a baby of convenience?...they cannot suspect that in every applicant.
I do not agree there: they are just banking on the length of time a complaint takes to reach the European Court of Justice. In this age of chicken-hearted people, most just give in rather than stand their ground and fight.What I was trying to say is that the UKBA is acting illegally according to the current situation, and they know it. The main question is why. My guess is that the expect the legal situation to change "in their favour", and they just decide on the basis of what they thing the legal situation will be. Yes, this is currently wrong, but if the change does happen, any appeal would be futile.
As I said before, I really do not care if I offend some poor, overworked immigration officer in Rome or not. I am applying for no visa, EEA FP, peanut soup or whatever they call it.But I think it is only fair to mention that a confrontational stance is not going to make it any easier to get a visa. Being right and getting your right are two very different things when dealing with the Home Office.
Do not worry here: you are in good company and the UK is already in the dock before the ECJ for its faulty incorporation of the Directive. Another complaint will make no harm!Of course you can also complain to the European Commission http://ec.europa.eu/community_law/your_ ... rms_en.htm . But please make sure that you have a good