| View previous topic :: View next topic |
| Author |
Message |
Punjab
BANNED
Joined: 24 Mar 2008
Posts: 637
Location: in your heart
|
 Posted: Sat Aug 25, 2012 10:38 am Post subject: Re: Visa Issued |
 |
|
| EUsmileWEallsmile wrote: |
If you wish to protect your identity, I would consider deleting much more than you've scored out. |
pardon me i didnt get what u want to say |
|
| Back to top |
|
 |
|
|
ATAPCP
Junior Member
Joined: 04 Apr 2012
Posts: 20
|
| Posted: Sat Aug 25, 2012 1:49 pm Post subject: |
|
|
EU...
# I was given discretionary leave to remain last year and it is valid till 2014.
# I do not hold or have spouse anywhere mentioned on my BRP or anywhere.
# I am a CP of British citizen.
# Yes the proof of EU passport was provided (in fact shown and copy given)
# Also CP certificate was given
# I have enquired from UKBA and "family member of eu..." is only given when you are exercising the treaty rights
# However as I have applied under UK immigration rules EU thing doesn't apply to me
# I have received "C" visa for schengen
# Interesting fact is I have been given 6 month visa, paid money, however the application was filled as a partner of EU citizen. So it is a mixture of both. I could have argued etc etc. BUT would have only lost as they would have said no and that is it. I cannot afford another trip to London just for a visa.
# German embassy will only issue visa if "EU family member is stamped on passport or permanent residence card is there" mine has neither so I am afraid I had to pay up.
#I tried to contact German embassy numerous times to get the answer by email or over the phone but no reply therefore I had to take this action.
#My troubles will only be over once I get the permanent leave to remain in uk. |
|
| Back to top |
|
|
Directive/2004/38/EC
Guru
Joined: 25 Oct 2006
Posts: 6485
Location: does not matter if you are with your EEA family member
|
| Posted: Sat Aug 25, 2012 3:22 pm Post subject: |
|
|
What does CP mean?
_________________
Directive 2004/38/EC lays out free movement rules for EU citizens and their non-EU family members
See blog |
|
| Back to top |
|
|
Punjab
BANNED
Joined: 24 Mar 2008
Posts: 637
Location: in your heart
|
| Posted: Sat Aug 25, 2012 4:23 pm Post subject: |
|
|
| Directive/2004/38/EC wrote: | | What does CP mean? |
civil partner |
|
| Back to top |
|
|
EUsmileWEallsmile
Moderator
Joined: 07 Oct 2011
Posts: 4801
|
| Posted: Sat Aug 25, 2012 5:18 pm Post subject: |
|
|
| ATAPCP wrote: |
#My troubles will only be over once I get the permanent leave to remain in uk. |
I'm not so sure what you mean. Certainly if you apply for British citizenship you will also be a EU national. Otherwise, you will have the same issues that you are currently faced with. |
|
| Back to top |
|
|
EUsmileWEallsmile
Moderator
Joined: 07 Oct 2011
Posts: 4801
|
| Posted: Sat Aug 25, 2012 5:20 pm Post subject: |
|
|
| ATAPCP wrote: |
# I was given discretionary leave to remain last year and it is valid till 2014.
# I do not hold or have spouse anywhere mentioned on my BRP or anywhere.
# I am a CP of British citizen.
# Yes the proof of EU passport was provided (in fact shown and copy given)
# Also CP certificate was given
# I have enquired from UKBA and "family member of eu..." is only given when you are exercising the treaty rights
# However as I have applied under UK immigration rules EU thing doesn't apply to me |
Is a civil partner not a family member in the same way that a spouse is? I would have thought so.
I understand, you applied under the immigration rules and not the EU route. You do not have an article 10 residence card, but a residence permit. However, the regulation 380/2008 is binding on the UK. The UK must follow it. There is an EU dimension to your case and that is that your residence permit ought to identify you as the family member of the UK citizen. This could come in useful to you at some point.
If you are interested, the regulation is here.
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:115:0001:0007:EN:PDF |
|
| Back to top |
|
|
Punjab
BANNED
Joined: 24 Mar 2008
Posts: 637
Location: in your heart
|
| Posted: Sat Aug 25, 2012 8:03 pm Post subject: |
|
|
| EUsmileWEallsmile wrote: | | ATAPCP wrote: |
#My troubles will only be over once I get the permanent leave to remain in uk. |
I'm not so sure what you mean. Certainly if you apply for British citizenship you will also be a EU national. Otherwise, you will have the same issues that you are currently faced with. |
PR just means you are here on permanent basic but whenever you go out of the UK you might need the visa.
being a British citizen will grant you freedom of totally visa free travel inside the eu/schengen zone and various other countries |
|
| Back to top |
|
|
ATAPCP
Junior Member
Joined: 04 Apr 2012
Posts: 20
|
| Posted: Sun Aug 26, 2012 9:12 am Post subject: |
|
|
Thanks EU for that,
I never knew the below regulations
The residence permit of a member of the family of a citizen of the European Union who has not exercised the right of free movement must contain the entry “family member”
My biometrics card even through issued OUTSIDE the immigration rules of UKBA should have still contained the family member bit. I must raise this with my solicitor as I don't think he knows this.
When I questioned UKBA in April they did say that it will not contain Family as it has nothing to do with them. Also that as my leave was given outside the immigration rules so I will not be given any of such rights or information. Even though my case was decided on the basis of the relationship.
In regards to the PR or Citizenship I am long way of it yet. 5 YEARS to be precise. So until then I would have to grin and bear it. Maybe later.
But I would be interested to know if I have a case to get the BRP card changed to include the word "family"? |
|
| Back to top |
|
|
Directive/2004/38/EC
Guru
Joined: 25 Oct 2006
Posts: 6485
Location: does not matter if you are with your EEA family member
|
| Posted: Sun Aug 26, 2012 9:21 am Post subject: |
|
|
| ATAPCP wrote: | I never knew the below regulations
The residence permit of a member of the family of a citizen of the European Union who has not exercised the right of free movement must contain the entry “family member” |
Where exactly did you see this said? It makes no sense.
| ATAPCP wrote: | My biometrics card even through issued OUTSIDE the immigration rules of UKBA should have still contained the family member bit. I must raise this with my solicitor as I don't think he knows this.
When I questioned UKBA in April they did say that it will not contain Family as it has nothing to do with them. Also that as my leave was given outside the immigration rules so I will not be given any of such rights or information. Even though my case was decided on the basis of the relationship.But I would be interested to know if I have a case to get the BRP card changed to include the word "family"? |
Why do you say this? In what way was your leave "outside the immigration rules"?
Why do you want "family" to be on your UK residence documentation?
Note that "family" will not make it into a Residence Card. The only way to get one of those is to move with your spouse to another EU member state, for your British spouse to work there, and then for you to return to the UK
_________________
Directive 2004/38/EC lays out free movement rules for EU citizens and their non-EU family members
See blog
Last edited by Directive/2004/38/EC on Sun Aug 26, 2012 9:30 am; edited 1 time in total |
|
| Back to top |
|
|
EUsmileWEallsmile
Moderator
Joined: 07 Oct 2011
Posts: 4801
|
|
| Back to top |
|
|
|
FAQ
Search
Memberlist
Register
Private Messages
Profile
Log in
