Report of the European Parliament on the application of Dire

[Richard66]

Directive 2004/38.

http://www.europarl.europa.eu/sides/get ... XML+V0//EN

The Uk's request for entry visas from family members who are in possession of a residence card from another EEA state is called explicitly "illegal".

Will something change?

[ca.funke]

Thanks for that, Richard !!

15) Several letters of complaint and petitions addressed to EU Institutions highlight that some Member States are reluctant to fully recognise their rights to third countries family members; by way of example, UK, Lithuanian and Polish legislation preclude a non-EU family member from entering without a visa. Legal and administrative obstacles affecting third-country family members are extremely problematic; UK legislation precludes a non-EU family member who has a residence card issued by another country from entering the country without a visa, and UK administrative practices are such that lengthy delays and extensive documentation in the processing of applications for residence cards for family members who are third-country nationals also constitute significant obstacles to the exercise of free movement rights; in Estonia, third-country nationals face problems when attempting to enter the country with a residence card issued by another Member State, and third-country family members applying for visas have been also asked to pay the visa fee; in Italy, a third-country national citizen who applies for family reunification will be required to show the lawfulness of the origin of his/her economic resources, the amount of which may not be lower than the yearly social allowance.

This gives me some relief, as I kept calling the UK's procedures "illegal" in many of my postings.

At least now I know that I'm right in doing that...

...do I think something will change quickly? No.

Of course I still hope so

[freon21]

Thanks for the links very interesting.
Richard66 did u apply for that Family permit for ur spouse?
If yes did u answer all the questions?
Thanks for the info
cheers

[ciaramc]

Richard nice article!! Hope you and the missus sorted out citizenship!! Issues!

[Richard66]

Yes, Ciaramc, the child is a British citizen. She received her passport even before being two weeks old, which must be a record. It could have been even faster, had I applied for a next-day appointment on the first working day after the birth.

I have several documents saying the Uk's stance is illegal. I managed to get the European institutions to send me them.

We had to apply for the FP. At the border they told us that without the FP she MIGHT have been left through.

Most of the illegal questions were answered (truthfully) in the negative. Where it was possible we wrote "information not required". We provided no bank statements, though I did provide letters from my employers (in the UK also, to make them hurry). We sent also a medical certificate with the estimated time of delivery ! . Of course, we forgot to take the marriage certificate! No problem: we sent it by fax and all was well. Also, I let them know I knew the EU rules backwards, and, since I almost drove them insane last year... They delivered in less than two weeks.

I am happy to have come, as now my wife sees the people as vastly different from the UKBA! She thinks people here are very friendly and helpful and is quite happy so far.

[Directive/2004/38/EC]

Yes, Ciaramc, the child is a British citizen. She received her passport even before being two weeks old, which must be a record. It could have been even faster, had I applied for a next-day appointment on the first working day after the birth.

How in the world did you get her birth certificate so quickly? In London it takes WEEKS to just get that. I hope her passport interview went well! :-)

Nice thing is that her children will (generally) be British Citizens no matter what country they are born in since she is "otherwise than by decent".

[Richard66]

Really? I just walked into the registrar and was finished in maybe 20 minutes. There was a mistake on the long form, so we had to go back to correct it some days later and that took maybe 10 minutes.

I called the passport office the same day and they offered me an appointment for the following day. I chose a date further ahead, as I was not ready.

For the "interview" I went armed to my teeth, as they threatened to ask about MY claim to citizenship. In the end they took a photocopy of my passport and were happy with that.