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EUsmileWEallsmile
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Joined: 07 Oct 2011
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docteurbenway
Member of Standing
Joined: 13 May 2011
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Location: Germany
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 Posted: Sat May 26, 2012 8:34 pm Post subject: |
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Forget about EEA Family members, Ms. May is so ambitious she is going right for the money, restricting freedom of movement for EU citizens. Bravo, bravo.
In this new context, i am really excited about how the ECJ case on freedom of movement is going to go, since it is clear that the deadline is going to come and go with no results. |
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EUsmileWEallsmile
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| Posted: Sat May 26, 2012 10:31 pm Post subject: |
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| docteurbenway wrote: | | ...Ms. May is so ambitious... |
For a politician, it's all about staying in the headlines. |
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docteurbenway
Member of Standing
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Location: Germany
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| Posted: Mon Jun 11, 2012 7:52 am Post subject: |
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Hello everyone,
just checking if anyone has any news on the subject?
It has been rather quite recently.
Regards. |
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Directive/2004/38/EC
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Joined: 25 Oct 2006
Posts: 6418
Location: does not matter if you are with your EEA family member
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| Posted: Mon Jun 11, 2012 12:11 pm Post subject: |
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If you are expecting fast action, do not bother with European immigration law. Remember this is primarily governed by Directive 2004/38/EC.
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Directive 2004/38/EC lays out free movement rules for EU citizens and their non-EU family members
See blog |
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Richard66
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Joined: 25 Aug 2007
Posts: 792
Location: Italy
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| Posted: Tue Jun 19, 2012 8:17 am Post subject: |
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But the deadline for the UK's reply is on Tuesday, 26 June 2012, surely? Something is bound to happen then or shortly afterwards.
_________________
Aiming at travelling to the UK with my wife and not with an EEA FP! |
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aledeniz
Member of Standing
Joined: 01 Sep 2008
Posts: 159
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| Posted: Sun Jun 24, 2012 2:03 am Post subject: Matching stamps |
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| docteurbenway wrote: | | So i never got a stamp out to confirm that we exited within the "90 days" which i found makes the whole point of stamping in the first place useless. |
A couple of times the border officer in EU countries didn't let my wife pass until he had confirmed that all entry stamps were matched with an exit stamp. Last time happened in Italy, the guy kept us 20 minutes, 5 spent because he couldn't match one last stamp. When he finally found the corresponding stamp he smiled to us all happy, as if we should have been grateful he had matched all the stamps and so could let us through. Another time, again in Italy, 2 guys spent half an hour doing that. I must admit my wife's passport has got lots of stamps, she has been holding Schengen visas for a dozen years ... |
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Directive/2004/38/EC
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Joined: 25 Oct 2006
Posts: 6418
Location: does not matter if you are with your EEA family member
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| Posted: Sun Jun 24, 2012 4:50 am Post subject: Re: Matching stamps |
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| aledeniz wrote: | | A couple of times the border officer in EU countries didn't let my wife pass until he had confirmed that all entry stamps were matched with an exit stamp. Last time happened in Italy, the guy kept us 20 minutes, 5 spent because he couldn't match one last stamp. When he finally found the corresponding stamp he smiled to us all happy, as if we should have been grateful he had matched all the stamps and so could let us through. Another time, again in Italy, 2 guys spent half an hour doing that. I must admit my wife's passport has got lots of stamps, she has been holding Schengen visas for a dozen years ... |
Are you an EU citizen?
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Directive 2004/38/EC lays out free movement rules for EU citizens and their non-EU family members
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aledeniz
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Posts: 159
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| Posted: Sun Jun 24, 2012 10:35 am Post subject: Re: Matching stamps |
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| Directive/2004/38/EC wrote: | | Are you an EU citizen? |
Yes, I am (Italian citizen since birth). |
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Directive/2004/38/EC
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Joined: 25 Oct 2006
Posts: 6418
Location: does not matter if you are with your EEA family member
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| Posted: Sun Jun 24, 2012 1:06 pm Post subject: |
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This is the reason that you need to be aware of MRAX and travel with a copy of your marriage certificate. http://eumovement.wordpress.com/2010/08/04/no-visa-but-still-want-to-travel/
The border guards don't have much to do, and so count entry stamps in and out. Pretty silly since they often don't match up. And even sillier since it does not make any difference for your wife.
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Directive 2004/38/EC lays out free movement rules for EU citizens and their non-EU family members
See blog |
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aledeniz
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Posts: 159
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| Posted: Sun Jun 24, 2012 1:44 pm Post subject: Schengen visas and RC holders |
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| Directive/2004/38/EC wrote: | This is the reason that you need to be aware of MRAX and travel with a copy of your marriage certificate.
http://eumovement.wordpress.com/2010/08/04/no-visa-but-still-want-to-travel/
The border guards don't have much to do, and so count entry stamps in and out. Pretty silly since they often don't match up. And even sillier since it does not make any difference for your wife. |
My wife travels a lot on her own due her job, and actually being free to move around the EU is one of her condition of employment, set in stone on her job contract.
It is really not suitable on her case not to have a Schengen visa, she cannot be expected to have to fight all the time her way against airline managers and border guards. After a long fight, involving politicians (my own Italian MP, which is by the way London based, and my own British MEP, which was really not that helpful if not too late) and mainstream italian newspapers (http://www.corriere.it/solferino/severgnini/08-08-28/06.spm), we managed to get the italian ministry of foreign affairs to allow people like her (holding a RC issued by the British government as spouse of a EEA citizen) to request a visa (for a long time the Italian consulates weren't even allowed to issue visas to people holding RCs of EU member states).
If you check the websites of Italian consulates, the following bits were added due the case of my wife (and probably some other people in a similar position, but my wife case seems to be the one which got more media exposition):
| Quote: | | Please note: if the applicant (husband/wife/children/dependants of Italian and EEA nationals) is travelling ALONE (i.e. without the Italian or EEA national) he/she must submit all the required documents as an ordinary applicant and he/she is subject to the visa fee. |
It costs us 60 quid a pop, and it is somewhat bothering to have to produce all the documentation as she wouldn't be a person married with an EU citizen (not to mention she applied for Italian citizenship 2 years ago, and we are still waiting for an answer, after spending more than 2 grands just to get all the documentation they require), but it is surely better than having to try to make your way between UK and Schengen EU without a visa. |
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Directive/2004/38/EC
Guru
Joined: 25 Oct 2006
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Location: does not matter if you are with your EEA family member
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| Posted: Sun Jun 24, 2012 9:57 pm Post subject: |
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Interesting story, in several different ways.
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Directive 2004/38/EC lays out free movement rules for EU citizens and their non-EU family members
See blog |
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docteurbenway
Member of Standing
Joined: 13 May 2011
Posts: 117
Location: Germany
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| Posted: Tue Jun 26, 2012 9:48 am Post subject: |
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| Richard66 wrote: | | But the deadline for the UK's reply is on Tuesday, 26 June 2012, surely? Something is bound to happen then or shortly afterwards. |
Well here we are, it is now the 26 of June.
What has changed? Nothing.
Best we can hope for is an ECJ case that might or might not be solved by 2014.
Happy times. |
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thsths
Sage
Joined: 29 Apr 2007
Posts: 704
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| Posted: Tue Jun 26, 2012 9:58 am Post subject: |
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| docteurbenway wrote: | Well here we are, it is now the 26 of June.
What has changed? Nothing.
Best we can hope for is an ECJ case that might or might not be solved by 2014. |
And, are you surprised? The UKBA has only ever paid lip service to the European regulations, they have never actually understood the spirit of it. (And they have made no attempt to follow it.)
It is good that this has been stated by the European Commission as clearly as they did. But legal proceedings will take a long time, and the UKBA will resist change at every opportunity (if the past is any indication). |
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Richard66
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Posts: 792
Location: Italy
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| Posted: Wed Jun 27, 2012 4:07 pm Post subject: |
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Yes, but one of the points of pride of the UK's is that it is one of the EEA countries with the lowest level of infringement procedures being carried out against it. I wish I could remember where I read that, but read it I did. When they realise that they will be asked to pay, you bet they will suddenly see the light and wonder what all the fuss was about.
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Aiming at travelling to the UK with my wife and not with an EEA FP! |
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docteurbenway
Member of Standing
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Location: Germany
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acme4242
Sage
Joined: 18 Nov 2008
Posts: 530
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| Posted: Sat Jun 30, 2012 9:36 am Post subject: |
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http://www.legislation.gov.uk/uksi/2012/1547/made
Amendments to the UK Immigration (European Economic Area)
Regulations 2006 which will come into force on 16 July 2012. ref SI 2012/1547.
Trying to digest it.
Still missing acceptance of other EU 2004/38/EC Article 10 RC's as
substitute for an entry visa or EEA family permit as they call it.
| Quote: |
The Immigration (European Economic Area) (Amendment) Regulations 2012
EXPLANATORY NOTE
These Regulations make amendments to the Immigration (European Economic Area) Regulations 2006 (“the 2006 Regulations”) in order—
(a)to give effect to judgments of the Court of Justice of the European Union (“the ECJ”) concerning the circumstances in which individuals can be admitted to, and reside in, the United Kingdom; and
(b)to address issues concerning the transposition of Directive 2004/38/EC and the practical application of the 2006 Regulations.
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docteurbenway
Member of Standing
Joined: 13 May 2011
Posts: 117
Location: Germany
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| Posted: Sat Jun 30, 2012 1:37 pm Post subject: |
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| acme4242 wrote: | http://www.legislation.gov.uk/uksi/2012/1547/made
Amendments to the UK Immigration (European Economic Area)
Regulations 2006 which will come into force on 16 July 2012. ref SI 2012/1547.
Trying to digest it.
Still missing acceptance of other EU 2004/38/EC Article 10 RC's as
substitute for an entry visa or EEA family permit as they call it.
| Quote: |
The Immigration (European Economic Area) (Amendment) Regulations 2012
EXPLANATORY NOTE
These Regulations make amendments to the Immigration (European Economic Area) Regulations 2006 (“the 2006 Regulations”) in order—
(a)to give effect to judgments of the Court of Justice of the European Union (“the ECJ”) concerning the circumstances in which individuals can be admitted to, and reside in, the United Kingdom; and
(b)to address issues concerning the transposition of Directive 2004/38/EC and the practical application of the 2006 Regulations.
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As always, a brilliantly formulated language extravaganza, that is so vague and open to interpretation.
Have been trying to read this, but do not seem to grasp the changes, can anyone translate from legaleese? |
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kyanfar
Newbie
Joined: 03 Oct 2011
Posts: 4
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| Posted: Wed Jul 11, 2012 12:21 pm Post subject: EC's Reasoned Opinion to the UK dated 26 April 2012 |
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Dear All,
I was interested to see the result of the EC reasoned Opinion regarding transposing 2004/38/EC into the UK's national Legislation.
Time was due on 26 June 2012, however, there was no news. I contacted the EC by phone and email on 2 July. Today I have received an email regarding the result.
Here is the email:
"Dear Mr M,
I acknowledge receipt of your e-mail of 2 July 2012 concerning the UK's reply to the
Commission's Reasoned Opinion related to transposition of Directive 2004/3 8/EC.
I would like to inform you that, upon the request of the UK authorities, the Commission has
decided to prolong the deadline for the UK authorities to reply until end of July.
Once the reply is analysed, the Commission will decide on the next steps and could also issue
another press release.
Yours sincerely.
Georgia Georgiadou" |
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EUsmileWEallsmile
Moderator
Joined: 07 Oct 2011
Posts: 4584
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| Posted: Wed Jul 11, 2012 7:04 pm Post subject: |
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| Interesting. |
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