Petition EU // visa-free-travel for EU-Family members

[charles4u]

Richard am sorry to say this silly childish word but u make me happy and thx for the encouragement, U made my bored and sad day become a smilling one.

Well a friend here said samething also and the fact she will be at the airport waitting for me incase and I hope the stupid airline dont stress me much of talk to me here at the beginning when departing from Timisoara-Romania.

Richard see what I found also today from a UK site and here is the link ( http://www.opsi.gov.uk/si/si2006/20061003.htm#11 ) .

EEA RIGHTS

Right of admission to the United Kingdom
11. —(1) An EEA national must be admitted to the United Kingdom if he produces on arrival a valid national identity card or passport issued by an EEA State.

(2) A person who is not an EEA national must be admitted to the United Kingdom if he is a family member of an EEA national, a family member who has retained the right of residence or a person with a permanent right of residence under regulation 15 and produces on arrival—


(a) a valid passport; and

(b) an EEA family permit, a residence card or a permanent residence card.


(3) An immigration officer may not place a stamp in the passport of a person admitted to the United Kingdom under this regulation who is not an EEA national if the person produces a residence card or permanent residence card.

(4) Before an immigration officer refuses admission to the United Kingdom to a person under this regulation because the person does not produce on arrival a document mentioned in paragraph (1) or (2), the immigration officer must give the person every reasonable opportunity to obtain the document or have it brought to him within a reasonable period of time or to prove by other means that he is—



(a) an EEA national;

(b) a family member of an EEA national with a right to accompany that national or join him in the United Kingdom; or

(c) a family member who has retained the right of residence or a person with a permanent right of residence under regulation 15.


(5) But this regulation is subject to regulations 19(1) and (2).

[charles4u]

Hello everyone, I have just recieved another acknowledgement from the Secretary General of the EU Belgium today and this is what it says as I am unable to put the format here, I hope something is done as soon as possible.


8195-ACKNOWLEDGEMENT OF RECEIPT-EUROPEAN COMMISSION

Thursday, October 30, 2008 4:30 AM
From: "SG-COURRIER-DE-LA-COMMISSION@ec.europa.eu" <SG-COURRIER-DE-LA-COMMISSION@ec.europa.eu>

EUROPEAN COMMISSION
SECRETARY-GENERAL
Directorate R (SG-R-2)

I sent again a complain on the same issue the EEA permit and with proves from UKBORDER and embassy sites saying visa is needed for EU family members and also from other EU member state embassies saying visa is not needed for family members and also telling them UK and IRELAND should be wildrawn from EU if they can obey the law as its affecting family members alot. But this time I sent to the Secretary General of the EU and it as been registered under Reference SG/CDC(2008)A/8195.

It says I belong to the Category of policies according to my complain.

JUSTICE, FREEDOM AND SECURITY.


Lets see what happens next guys.......

[charles4u]

In addition, the European Parliament is currently conducting an in-depth survey into the application of the Directive in all member states. The CSS is participating in this endeavour and has identified the issue you have raised as one of the problems in implementation of the Directive. The research into the report is on-going as we write and should be published in 2009. We hope that it will address key recommendations to rectify problems such as the one you have identified.



Thats the reply I got from the EU citizen sign-post

[truefriend4ever]

we got married last may but our relationship started in 2006 when she was in the US. they are now asking for proof that we have enough money (bank accts). i am now collecting all emails, pictures and etc. however, i doubt that i would be providing them with our bank statements. they questioned where i will reside in uk and i told them to my brother who is british national that owns his house. i guess looking for a job in poland is a better choice and wait for my citizenship.

While applying for EEA family permit there are lot of documents which has to be submitted along with the application which unfortunately doesnt show on the website. IF you need any information about the documents I will be more then happy to assist you

[Richard66]

Provide the documents that prove you are an EEA citizen and that your relationship is genuine. All else is bunk and should not be provided on principle. If you do not provide it they cannot deny you the EEA FP. There is not even a refusal wording if you do not provide bank statements and so on.

[ca.funke]

Hi all,

more-less exactly 6 months after filing the petition, I now received a letter telling me that it will be dealt with.

The reply can be downloaded as .pdf here.

Regards, Christian

Hi all,

I want to file a petition with the European parliament to help enforcing rights guaranteed as per 2004/38/EC.

This is for EU-citizens and their family-members who live inside the EU, and want to travel throughout the EU.

I hope it will have some effect.

The original petition can be downloaded as .pdf here.

Any comments welcome. Who would be willing to sign this?

Regards, Christian

### ### ### ###

After extensive attention to detail, the file is now only available in the .pdf above.

[Richard66]

I received the exact same answer a year ago and nothing has happened. One might as will tilt with windmills and hope for more success than writing to the European Parliament and European Commission.

In my case they have done nothing, have solved nothing and have definitively allowed the UK to continue flouting the Directive at it pleasure.

How can one sue them, now, the very organs that should be defending us and do not do it, but limit themselves to say one isd right and do nothing else?

[ca.funke]

Hi Richard66,

I fully agree with your frustration. Me too, I am fully frustrated. The enthusiasm for the Union, which I once had, is reduced to "zero".

Overall, the EU undoubtedly achieved a lot. However, once you are stuck with an individual problem, solutions take far too long to be meaningful or to have a positive impact.

It's a pitty how ignorant and bureaucratic the officials in Brussels are, while possibly seriously thinking they are doing a good job?

I am quite happy that fate moved me to Switzerland:

• Thanks to the Schengen agreement I can now freely visit my parents in Belgium
  • together with my Lebanese wife
  • without having to discuss this with either embassy officials or border-agents.
  • I have to admit: This is an EU-achievment
• However I regret that our right to visit Ireland and the UK is no longer easily enforcable from here
• We'll just stay away from these jurisdictions...
• I'm sure the British Pound will do just great without tourists

I received the exact same answer a year ago and nothing has happened. One might as will tilt with windmills and hope for more success than writing to the European Parliament and European Commission.

In my case they have done nothing, have solved nothing and have definitively allowed the UK to continue flouting the Directive at it pleasure.

How can one sue them, now, the very organs that should be defending us and do not do it, but limit themselves to say one isd right and do nothing else?

[Richard66]

Sensible move yours. Of course you have less at stake than I do. At least no child of yours will be left without an EEA citizenship because of this infringement. This is exacly my case, where our child, which is due in 3 weeks, will neither be British nor Italian, although born in the EEA from an EEA parent.

Seeing that neither parliament nor Commission do more than say that, "Yes yes, we are right, of course, we feel for you, we'll talk to the UK." This business means that my wife still needed to apply for this illegal EEA FP. I had to miss a day at work, she had to skip a medical appointment, we had to spend €156 just to go to deliver the documents and chances are it will never be ready on time. To avoid being suspected of benefit fraud I went as far as accepting a job in Scotland as a labourer, hoping that this way they might hurry with the issue of this document which should not even be requested, but I doubt it.

Now we am starting a school here in Italy and we had plans to establish a base in the UK also, but if twice a year we have to apply for an EEA FP just so we can exercise our rights of free movement seems more than can be accepted.

My next move will be to contact a lawyer. Maybe if I bring a lawsuit against the UK government things will change. Surely impeding our rights of free movement and causing our child to be deprived of an EEA citizenship must be enough grounds.

Also we must remember, in the case of UK citizens in the UK, the European Court of Justice takes a very dim view of the reverse discrimination that follows. Italy realised this in 1965 and from 1965 reverse discrimination does not take place here.

Am I bitter? Surely I am. I feel like a second-class citizen.

[ca.funke]

Your situation is indeed worse than mine...

...but why will your child not have any EU-citizenship? You, being a citizen of the UK, will pass on UK-citizenship automatically, no matter where the kid is born, or am I wrong here?

While taking forever and not being of immediate help, in the very very end I am sure you will get your right through the EU-institutions. You must "just" have the nerve to fight this thing through to the European Court of Justice, if necessary.

Sure this will take some years, but in the end you will be compensated for many of the damages you incur.

At least I hope so...

[Richard66]

I would pass on citizenship automatically if I were the citizen of any of the other 29 countries of the EEA (and Swizerland), but the British have invented a thing called "citizenship by descent", which is granted to those who, though the children of a British citizen, do not pass pass citizenship to their children, except in very rare cases. I happen to be one of these. Take a look at these discussions:

http://www.immigrationboards.com/viewtopic.php?t=33580
http://www.immigrationboards.com/viewto ... highlight=
http://www.immigrationboards.com/viewforum.php?f=3
http://www.immigrationboards.com/viewforum.php?f=6
http://www.immigrationboards.com/viewforum.php?f=6

Of course now I can go to court, because I finally have evidence that the UK tramples on the rights of free movement and are now, not only denying our child the right to citizenship, but are damaging my very work.

[luckyfish]

ca.funke, can I still send a postcard in support of your petition?

I wish I fond this earlier

[bluecole2]

Hi Christian
Keep up the good work. Any update regarding the petition, also happy to offer my support.

I must say that the link to read the petition and the response is not working, it says 'invalid or deleted file'

[ca.funke]

ca.funke, can I still send a postcard in support of your petition?

I wish I fond this earlier

Hi luckyfish,

the original thread/complaint is from 2008, so it´s a bit late now, I guess...

Hi Christian
Keep up the good work. Any update regarding the petition, also happy to offer my support.

I must say that the link to read the petition and the response is not working, it says 'invalid or deleted file'

Oops - the file was deleted from the file hoster. Well - uploaded it again:

http://dl.dropbox.com/u/35129465/Immigr ... public.pdf

Nothing substantial came out of it. Can´t find the reply now, but I do remember it wasn´t worth the paper on which it was printed!

Rgds, Christian

[bluecole2]

Well done Christian, it's a shame nothing substantial results from a well crafted petition as this. How difficult could it be for the law makers to put an end to this mess they created.

IOs having an handbook or leaflets (for public use) as you said in the petition will really go a long way to end the inconveniences people go through and how difficult could it be to provide air-liners especially with details of eea directives (included in the log book or whatever it's called) to help explain who can fly within the EU without a visa.

Also what's the purpose of having a IO that don't know every details of the law relating to their job? Can you imagine if the police are as daft as the IOs?

These are the kind of things I would expect with the ECOWAS free movement thing in west Africa where I came from.

Something radical has to be done to make sure these lazy fat asses in the EU see the frustration of ordinary EU citizens and do what is right. Perhaps a radical way to stand-up will be to somehow create a public fund to fight this through to ECJ if possible. They created this laws and had about a decade to make sure every member adhere to it perhaps what's needed is to force their hands in court.

I hope these makes sense.

[ca.funke]

Hi bluecole2,

I agree, but I guess any fund wouldn´t go a long way:

The reply to the petition mentioned how many signatures were received in its support. I seem to remember it was 3 (three). Whatever it really was, it was low single digit.

So we may expect some more years of immigration chaos, waste of money and no smart solution, which could in simple terms >>look like this<<.

It´s really a senseless tragedy.

Rgds, Christian

[Richard66]

So... I was one of those who signed, if I remember well. It goes to show that people talk, but when time comes for action, the chicken in them comes out.

Last year a UK citizen got hold of me through one of my sites asking about visa-free travel. When I mentioned going to court, he vanished!

[Mr. Ali]

Hello All

I have signed a petition against the delays of EEA2 applications. Please sign this petition by clicking the link below and ask all your friends and family member whoever been a victim of the system.

http://epetitions.direct.gov.uk/petitions/40133


Appreciate your time and effort

Thanks

[ca.funke]

Hi Mr. Ali,

I can´t sign it:

You must be a British citizen or normally live in the UK to create or sign e-petitions.

but if I could I would.

rgds, Christian

[sierra]

hi richard i am in italy also british citizen got right of residence as self employed we applied carta de soggiorni for family member of eu citizen at local questura its 2 months since i got residence as eu ctizen for my husband non eu citizen to process the eu family member card local police station is saying they wont process application untill italian translation and legalization is done by italian embassy in his home country where our marriage took place pakistan we got british born son as together as well he got british citizenship and on his birth certificate his father name appears too.
now for about 2 months marriae certificates has been sent to pakistan been translated to italian but embassy is not doint legalization untill further notification we are realy stuck now and my husbands schengen visa got expired as well .
can you suggest any thing what shoud we do as until marriage certificate is legalized by italian emabby thay wont procees card.
thanks in advance