British citizen, morocccain husband+4 month old daughter

juju1979 · Post by **juju1979** » Tue Mar 04, 2008 10:18 am

I am british citizen living in Rome,Italy 8 years now, married to my husband who is Maroccain and we also have a 4 month old daughter, we have been living together for 5 years and married for nearly 3 of those years.
We would like very much to return to Scotland(uk)to start our new life as a family as here in Rome it is not working out for us anymore.
We have a few options i think, but need 100% confirmation that which ever i choose will be the right one. since havingn our daughter I lost my job and my huband was relieved of his work a year ago now and has had no luck in finding more.
1:- apply for EEA family permit(husband unemployed)can't finish application.
2:-Settlement visa ???
3:- EU law (EU Directive 2004)moving freely through the EU with EU(UK) wife.
Meaning for No3 if i know that i can get my husband into the UK using Eu law i will to any effect possible.
Please can anyone help as we would really appreciate it
thanks to all who read me and reply

Post by **Directive/2004/38/EC** » Tue Mar 04, 2008 7:05 pm

First off congratulations on your daughter. It is an amazing time!

You are free to move back to the UK with your husband and small bundle of joy.

If you want to do it under EU law, then you (EU citizen) need to intend to (eventually) work in the UK, though I am pretty sure you do not need to do it right away. EU law can be used because you have been exercising treaty rights in Italy. See http://eumovement.wordpress.com/2007/04 ... ional-law/ for an example. He simply needs to apply for an EEA family permit. Does not matter at all whether your husband is currently or has ever worked.

You can also apply under Uk law, but that is more expensive and it is likely not so easy.

Is your husband anywhere close to getting Italian citizenship?

juju1979 · Post by **juju1979** » Tue Mar 04, 2008 9:16 pm

Thank you so muhc for the advice
What would my husband need for Italian citizenship, he has lived here for more than 12 years and has never been able to work full time, he was always only good for working as an extra(when they needed him), when he approached them for full time(contract)they refused him.
I have exercised my treaty rights while living in Rome but not in the last year, does that matter??
As for EEA Family permit:- tried to fill out the application and then came across section EMPLOYMENT, (which he does not have) and also another question :-what is his monthly income to support the family?(unfortunately does not have one).
Just going crazy, If i know that i can get on a plane next week with my husband and go home i would, as my husband has never even been to Scotland.
Thanks for the help anything would be appreciated

Post by **Directive/2004/38/EC** » Tue Mar 04, 2008 9:58 pm

Your application for an EEA family permit will be processed for free, as soon as possible and on the basis of an accelerated process.

What matters is (1) that you are married, (2) that you are both moving/travelling together, and (3) that you intend to work or look for work when you get back to Scotland.

It does not matter at all what work your husband does or has done. I would personally put "not material for this application under EU law" for the answer. Or you can say he is not employed. Doesn't really matter.

The reason to get Italian citizenship is that it makes it a little easier for him to move around. Though as it is, he has pretty much as much right to free movement as you do (so long as you travel together).

Can I ask why you have never both visited (lovely) Scotland together?

juju1979 · Post by **juju1979** » Tue Mar 04, 2008 10:24 pm

Thanks again, we have never visited Bonnie Scotland together before as it has always been the same problem with the visa, I think most being my fault as i do not stand my ground when in matters most.
But now that we have our beautiful daughter to think of we do not want to raise our daughter in Italy, and also that there is no longer anything here left to offer.
My daughter has been my wakeup call and opened my eyes.
We need to be in Scotland to continue our new life as a family.
We will again tomorrow continue with the EEA Family Permit and will let you know how it goes.
Thanks again speak soon
Julie

Post by **Directive/2004/38/EC** » Wed Mar 05, 2008 5:22 am

You will need to provide some documentation that you have been exercising your treaty rights in Italy, and then that you had a child (and so stopped exercising treaty rights). I personally would explicitly say in the application that you are a UK citizen who has been "exercising treaty rights in Italy" and that "this is an application under EU law in line with Surinder Singh (Case C-370/90 The Queen v Immigration Appeal Tribunal et Surinder Singh, ex parte Secretary of State for Home Department)."

I think it should be very straight forward. If you have any problems, please let us know.

juju1979 · Post by **juju1979** » Wed Mar 05, 2008 9:28 am

I will thanks again, you have helped me out heaps, i will be sure to keep you posted.

juju1979 · Post by **juju1979** » Wed Mar 05, 2008 2:08 pm

hi me again, filling out the application come across the question How long to you intend to stay in the uk??
Well if we are going there to look for work and a house why should that question matter, if we are not returning. what should we write there as we would not be returning.
I hope the question makes sense, if not i will try and explain easier next time

Post by **Directive/2004/38/EC** » Thu Mar 06, 2008 9:00 am

If you plan to move to the UK, I would write "no plans to leave UK".

The answer does not really matter. There is no wrong answer and you can always change your mind.

juju1979 · Post by **juju1979** » Thu Mar 06, 2008 9:37 am

Thanks again, will try today and let you know if anything else comes up

juju1979 · Post by **juju1979** » Thu Mar 06, 2008 10:24 am

hi same problem with the application forms, I can't continue forward with it if I do not put in a return date or when I try to put in no plans on leaving uk it will not let me continue with the rest of the application.
So what are my options(very confused)
sorry also if this i confusing you

Post by **Directive/2004/38/EC** » Thu Mar 06, 2008 12:07 pm

Put a return date of 2099?

juju1979 · Post by **juju1979** » Fri Mar 07, 2008 2:21 pm

Hi just plucking up the courage to put in the date of return(2099), will they not think that we are kind of being rude and rubbing it in their faces by doing this,
also we are putting in for length of stay that we are planning to live there.
They also ask for what permission my husband to stay in Italy.
I have simply answered Permit of Stay, Legal resident and also Marriage(Eu spouse)British citizen

Post by **Directive/2004/38/EC** » Fri Mar 07, 2008 3:08 pm

Do you have a plan to leave the UK earlier than 2099? If so, then put the year you are planning to leave. If you have no plans to leave, then say that in the supplementary notes section.

Note that the UK Visas people are the one who put together the forms that intentionally ask you for information that some applicants are not required to provide. Remember that they can ask you anything (e.g. colour of your first puppy dog), but you are only required to answer some of the questions.

juju1979 · Post by **juju1979** » Fri Mar 07, 2008 3:46 pm

When we return to Scotland we only the house of my mum who lives in Hawick and the house of my father who lives in Dundee but will be going to Dundee to live once we find accomodation.(trying to apply for housing associations in Dundee)
Is this a problem we will face on the application when they ask where we will stay, will i just explain everything on the application once i have completed it.

juju1979 · Post by **juju1979** » Fri Mar 07, 2008 4:23 pm

hi about to finish the application, one question just your opinion, as by the time you read this we will have filled in and finished the application, they ask what does he intend to do in the uk, so we simply wrote the truth that to live and look for work.
as honest as we can be, and also additional information saying that he is married to UK Citizen and who has excersied her treaty rights the first 4 years in rome and then again in 2006 and 2007, and also that we will be applying under EU law in ine with Surinder Singh.(Case C-370/90 The Queen v Immigration Appeal Tribunal et Surinder Singh, ex parte Secretary of State for Home Department)."
I hope this ok so i will nowcross my fingers and submit the application and see wha happens

Post by **Directive/2004/38/EC** » Fri Mar 07, 2008 4:29 pm

I do not think you do not need to say where you will be staying. I believe it is none of their business when you are applying on the basis of EU law.

juju1979 · Post by **juju1979** » Fri Mar 07, 2008 4:47 pm

well as i mentioned these are as they call (required fields) they have to be filled out for to submit the application, anyway have done that and am now just checking it over for miss spellings and mistakes then sumitting the application wish us luck. thank you thank you thank you

juju1979 · Post by **juju1979** » Fri Mar 07, 2008 5:24 pm

Well that is the appplication has now been submitted and wmy husband has an appointment with the Worldbridge visa center in Rome on Monday, so i will haev to be prepared, any advise on what to take with us would be very grateful will keep you posted

Post by **Directive/2004/38/EC** » Fri Mar 07, 2008 5:28 pm

What are you presently planning to take with you?

Key is that you prove you are married and that you have been exercising your treaty rights in Italy by working. And the two passports.

juju1979 · Post by **juju1979** » Fri Mar 07, 2008 9:26 pm

will be preparing the usual required documents:- passports, wedding certificate, my pay slips (proof of exercising treaty rights), wedding pictures(if they help), our 4 month old daughter will also be there, valid residency and permit of stay.
And I think we should also be armed with the EU Directive/2004/38/EC in english and italian.
Is there anything else you think that we might need.

Post by **Directive/2004/38/EC** » Sat Mar 08, 2008 1:19 am

Sounds like it is well under control!

juju1979 · Post by **juju1979** » Sat Mar 08, 2008 9:40 pm

The documents we will be taking with us are as follows :- Passports(both original and copies, marriage certificate, Permit of Stay, Legal residence and also EU Directive in both Italian and English, I will also take with me pay slips from previous working jobs to prove that I have indeed exercised my treaty rights.
Do we need birth cerficates also ???
and also will he need to take with him photo's or not

Is there anything else we will need to take with us, that might help.

Post by **Directive/2004/38/EC** » Sat Mar 08, 2008 9:57 pm

I think he is required to submit a photo to the UK for the issue of the EEA family permit.

juju1979 · Post by **juju1979** » Sun Mar 09, 2008 5:26 pm

Hi there, well tomorrow is near 14:15, i have also heard of SOLVIT, should i also take their number with me,(but what i have read hear on the boards is that sometimes they are not very helpful) am better to try and battle it out without them.
Will do the photos tomorrow, when we are done i am sure i will post you, thanks again
very much appreciated
Julie

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British citizen, morocccain husband+4 month old daughter

British citizen, morocccain husband+4 month old daughter