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Search found 3 matches: bingo

Searched query: bingo

by Richard W
Sun Feb 28, 2016 12:44 pm
Forum: Referendum-News and Developments
Topic: New EU deal: Free-movement rights gone?
Replies: 358
Views: 28928

Re: New EU deal: Free-movement rights gone?

shnooks1 wrote:I understand now thank you for explaining. However, after re-reading this thread I think what liksah said makes more sense and I hope he/she is correct:
http://www.immigrationboards.com/search ... sf=msgonly

"who had no prior lawful residence
probably means:
were not lawfully resident at some point earlier"

The reason why I'm so confused is because I don't understand the reasoning of why I wouldn't share my husband's freedom of movement rights just because I never lived in the EU but what liksah pointed out makes perfect sense. If I was previously living in Europe illegally, then it would be understandable as to why I would not be entitled to any movement rights even though I am married to an EU citizen.
Does anyone else think this may just be a case of poor wording?
Unfortunately, this is incompatible with the UK statement (both parliamentary question and white paper) that a non-EU spouse's entry will be governed by the national laws of the first member state they enter. In particular, the spouse of a Frenchman will have no more right to come to the UK than the spouse of a Briton. Actually, it now seems that the former will have less right if the Frenchman does not have permanent residence in the UK.

Shnooks1, you wouldn't share your husband's freedom of movement rights because they are now being restricted to movement within the EEA+. It is still possible that once settled in the EEA, you may be able to enjoy those rights. On this point, the wording shown so far is extremely unclear. For example, you might be able to enter Italy with a view to settlement, and then promptly enter the UK under free movement. However, according to the words of the declaration, you would be permanently denied the rights.

Now, there may be technical work-arounds, but it seems that they will be difficult for those with prior unlawful residence. Failed or bogus asylum seekers are likely to be particularly hard hit.
by shnooks1
Sun Feb 28, 2016 11:20 am
Forum: Referendum-News and Developments
Topic: New EU deal: Free-movement rights gone?
Replies: 358
Views: 28928

Re: New EU deal: Free-movement rights gone?

I understand now thank you for explaining. However, after re-reading this thread I think what liksah said makes more sense and I hope he/she is correct:
http://www.immigrationboards.com/search ... sf=msgonly

"who had no prior lawful residence
probably means:
were not lawfully resident at some point earlier"

The reason why I'm so confused is because I don't understand the reasoning of why I wouldn't share my husband's freedom of movement rights just because I never lived in the EU but what liksah pointed out makes perfect sense. If I was previously living in Europe illegally, then it would be understandable as to why I would not be entitled to any movement rights even though I am married to an EU citizen.
Does anyone else think this may just be a case of poor wording?
by liksah
Thu Feb 25, 2016 5:58 pm
Forum: Referendum-News and Developments
Topic: New EU deal: Free-movement rights gone?
Replies: 358
Views: 28928

Re: New EU deal: Free-movement rights gone?

Bingo! Thanks for posting that whitepaper Starnes.

That makes things a whole LOT more clearer. I had posted earlier in this thread that the idea is to prevent illegals from easily regularising themselves in the EU through marriage (because EU law says you cannot expel spouses under almost any circumstance). Basically we are taking:

who had no prior lawful residence

to mean:

Non-EU nationals who never lived in the EU.

But this does not make any sense as anyone, regardless of where they lived before, should have the right to family life. And how does previously taking a course or working for 6 months in the EU suddenly grant you better rights than 99% of other non-EU spouses? That makes absolutely no sense.

EU citizens should not be unfairly penalised for marrying a non-EU person (who never lived in the EU) and effectively 'lose' their free movement rights.

who had no prior lawful residence

probably means:

were not lawfully resident at some point earlier

The whitepaper clarifies this (emphasis mine):
The European Commission Declaration makes clear that it will propose new secondary legislation “in order to exclude, from the scope of free movement rights, third country nationals who had no prior lawful
residence in a Member State before marrying a Union citizen or who marry a Union citizen only after the Union citizen has established residence in the host Member State”. This means that non-EU nationals who have been living in the UK illegally will no longer be able to evade our immigration controls by marrying an EU national. In addition, non-EU nationals who are married to or who marry EU nationals already living in a host Member State will need to meet the domestic immigration rules of the first EU country they reside in. In the UK that includes an income test and English language requirement.
It looks like the intention is to exclude:
- A non-EU national who was previously expelled from any member state from marrying an EU national (outside the EU) to re-gain entrance under EU laws. In this case the stricter (depending on the country..) domestic immigration laws would apply.
- A non-EU national who is currently present illegally in a member state (the UK, for example) should not be able to marry an EU national in the UK and regularise themselves.

Basically close SS for people with prior illegal stays and only let them reunite under national law (and perhaps not even that if national law does not permit them to)

This makes total sense. If you ever stayed illegally in the EU, you will not be entitled to free movement and will have to take a tougher route to immigration.

This is the only way these new measures make some sense... I don't know if the new measures will be drafted in the spirit of the above whitepaper, that remains to be seen, but this does make the intention a lot clearer.
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