Schengen visa must be applied for in Country of Origin?

[Directive/2004/38/EC]

Some good news at least, got the return visa today for free at the ind. is valid for three months.

Can you explain what happened in getting the visa for free?

Immigration checks are all done within the ferry compound. It is all one big gigantic parking lot with roads. You do not need to worry. Relax and plan your Christmas in the UK! I doubt your bags will go on if there is any sort of delay at UKBA border office.

[sarah82]

Hi Directive,
I sent an email to the Ind complaining about the 'breach' of charging for the return visa I also emailed solvit but the Ind did not reply so my husband and I went to the office and they said whoever had told me on the phone that there's a charge of 140 euro had been mistaken, that indeed there is no charge if for the family member of a non Dutch eu national. We were then offered an appointment for this morning and the visa just looks exactly like the sticker that confirms application for rc, except it says valid for all countries (presumably schengen states only) and is valid for 3
Months. Have took the plunge & booked tickets for eurolines, we are still very apprehensive but eea fp seems to be too much hassle and waiting around and we just want to permanently go back to the uk now. In spite of having a 1 year work contract here in the Netherlands I've only worked around 12 weeks but I figure if it's frowned upon when applying for uk eea rc, my mother's health issues may be considered legitimate reason for moving back to the uk?
We hope! :-0

[Directive/2004/38/EC]

we are still very apprehensive

It is clear you are. You keep asking the same questions.

in the Netherlands I've only worked around 12 weeks but I figure if it's frowned upon when applying for uk eea rc, my mother's health issues may be considered legitimate reason for moving back to the uk?

Your mother's heath is irrelevant for immigration purposes.

See the Danish immigration web site for a description of what Danes need to have done to return to Denmark on the basis of EU law: See the section entitled "When is a Union citizen/an EEA national deemed to be a worker under EU law?". Do you think you qualify?

[newbieholland]

See the Danish immigration web site for a description of what Danes need to have done to return to Denmark on the basis of EU law: See the section entitled "When is a Union citizen/an EEA national deemed to be a worker under EU law?". Do you think you qualify?

This is kind of confusing me. What is the exact condition for Singh ruling to be applied for the spouse of a UK national. Effective residence of effective work?

The link you mentioned above says =
One condition that must be satisfied before a family member of a Danish national who has exercised his/her right of free movement in another EU/EEA Member State is entitled to residence under the EU rules is that the Danish national has had genuine and effective residence in the EU/EEA Member State in which s/he has worked or resided for other purposes.



If work is the only criteria for Singh Ruling - can one living in the UK and offering services to companies in the other EU states qualify for Singh ruling?
Can someone having an effective residence (as per the link a lease agreement) in another member state but did not work there can qualify for Singh?

This kind of sucks because even though living in another member state for years does not qualify you for Singh unless you work.

[sarah82]

Hi Forum,

Just to update, my husband and I are finally in the uk.
Firstly I had to produce all the directive material at the eurolines check in Amsterdam as the staff didn't want to allow my husband to travel without a uk visa! Can't believe that bus companies are expecting their staff to act the role of an immigration officer. Our bus arrived at Calais at 3:30 on Wednesday morning and we were kept waiting for 5 hours. For 3 of those hours my husband was detained and interrogated. I was extremely traumatized by the whole experience. Stamp in passport doesn't mention code 1a just says entry clearance until 14th June 2012. Ukba gave a letter for p&o so wedidn't have to pay any extra. But when we got to The customs at Dover the police stopped us saying that the UKBA at Calais had called them to say we had acted 'worried' about having our bags searched! And that since they are police they have the right to question us and to search our baggage whilst holding us for up to 9 hours! What a damn liberty after the UKBA at Calais had been through my husband's two large cases with a fine toothed comb! I told the police this and mentioned the detention and interrogation had already been an infringement and the police then said they would not be stopping us after all.
I can only think that the UKBA staff were that evil that they phoned Dover Customs just to try to make us get held up for hours on end again.
Now I wonder if this six month stamp would satisfy the job centre to issue my husband with a national insurance number ?
It does not say 1a anywhere on the entry clearance stamp so I am uncertain.
Thank you to all of you for your help.

[mastermind]

sarah82,
It is appalling.
I hope you do not let them get away with this infringement of your and your husband's freedom of movement rights and report it to EU authorities. Here are some of them you might consider:
EU Parliament: http://www.europarl.europa.eu/aboutparl ... tions.html
EC: http://ec.europa.eu/eu_law/your_rights/ ... rms_en.htm
EU Ombudsman: http://www.ombudsman.europa.eu/

[Directive/2004/38/EC]

Just to update, my husband and I are finally in the uk.

Good! Sorry for the rough entry. I hope you sleep well over the next few nights.

Our bus arrived at Calais at 3:30 on Wednesday morning and we were kept waiting for 5 hours. For 3 of those hours my husband was detained and interrogated.

I assume you were required to show that you were married by producing your marriage certificate. What else were they asking about in those 3 hours? Were you together and they were asking you both? The UKBA people searched your bags during this time in Calais?

But when we got to The customs at Dover the police stopped us saying that the UKBA at Calais had called them to say we had acted 'worried' about having our bags searched! And that since they are police they have the right to question us and to search our baggage whilst holding us for up to 9 hours! What a damn liberty after the UKBA at Calais had been through my husband's two large cases with a fine toothed comb! I told the police this and mentioned the detention and interrogation had already been an infringement and the police then said they would not be stopping us after all.

So in the end the Customs people in Dover did not search your bags again? It sounds like you were right to push back in this situation - they can not use customs searches as harrasment (at least for entries from within the EU).

Stamp in passport doesn't mention code 1a just says entry clearance until 14th June 2012.

Now I wonder if this six month stamp would satisfy the job centre to issue my husband with a national insurance number ?
It does not say 1a anywhere on the entry clearance stamp so I am uncertain.

I think the Code 1A stamp is usually for 6 months, if that helps. Push on the job centre if there is any problem.

Since he does not have an EEA FP in his passport, he presently is going to have difficulties proving that he can work. His Code 1A entry stamp might do it and you should push. Otherwise and eventually in any case he will need to get a RC.

Key thing is for you (the UK/EU citizen) to find a job! It will allow you to support yourselves in the mean time while the RC and NIN are sorted out for your husband.

[sarah82]

Hi there Directive,

Thank you to you and other members of the forum for the helpful advice and encouragement.

When we arrived at the border I produced the marriage certificate and each of our passports.
Was asked about the EEA FP and I replied that the nearest Worldbridge centre to The Netherlands was in Dusseldorf Germany and that our visit to the UK had been pretty last minute.
We were told to wait and then the guy returned asking how we were able to have got married in Leeds UK, this meant that that my husband had previously been in the UK and what status had he had there and blah blah blah.

I frequently pointed out that these questions held no significance whatsoever as we were entering under the Directive, I had the Directive and Border Guard Internal guidance books printed out and they continued to refuse to co-operate.

My husband was 'interviewed' alone whilst I waited. He was quized continually over his previous extradition from the UK and whether our marriage was 'genuine.'

They asked which baggage belonged to my husband and proceeded to search both his suitcases in his presence.

Perhaps they wanted to search ALL of the baggage we were travelling with and me being an EU national they were aware how far they could go with us?

I am still unsure of why they telephoned the Customs/Police at Dover but if it was done simply to give us added stress or to detain my husband for a second time whilst they searched the baggage then I am rather shocked that they can actually be that cruel.

So in the end, No, they didn't search baggage and they did let us pass through.

What is the best procedure to follow to complain about this breach?

Also I'm a little confused about the Eind judgement, does this mean that I can apply for the RC now (before becoming a qualified person) ? as I have already exercised treaty rights in the Netherlands?

Or do I have to wait until I am a qualified person before we even apply for the RC?

Also we have returned to the UK with not an awful lot of money at our disposal, so I will have no choice but to claim Job seekers allowance whilst seeking work: Would that have any negative impact for my husband's application for an RC?

Thank you all for your help so far forum!

[Lifeland2]

[color=white]Dear[/color]

[Lifeland2]

DearDirective
I am a doctor (radiologist) from Kurdistan, northren iraq.. I have FRCR ( fellow of Royal College of Radiologist) part one examination in the spring 2012 ( 5 & 6 March) in london..i have paid all the fees for that examination..then i applied for UK visa, but unfortunately i got UK visa refusal. I applied recently for schengen visa (for a radiology conference) from Germany Consulate and they granted me. The schengen Visa. If i tried to go to calaise and then to go to Devor UK and then to London( for two days only) by a train ( two ways; reurn), is there a chance to be arrested from uk side and what will be the consequence of arrest.
I Hope that i will get answer from your kind side ( AEAP)..
Thanks

[ca.funke]

Dear Lifeland2,

no need to post the same twice
http://www.immigrationboards.com/viewtopic.php?t=96103

Rgds, Christian