PETITION EU // VISA-FREE FOR FAMILY MEMBERS GOING TO UK

[charles4u]

Strasbourg, 10/10/2008

ACKNOWLEDGEMENT OF RECEIPT



Dear Sir/Dear Madam,

Your complaint dated 06/10/2008 was received by the Office of the European Ombudsman on 06/10/2008 and was assigned registration number 2709/2008/EC.

It will be dealt with by Ms Elizabeth CLEAVER (Tel. +33 (0)3.88.16.41.48).

The Ombudsman can only make inquiries into complaints that meet the criteria of admissibility set out in the Treaty establishing the European Community and the Statute of the European Ombudsman. Information concerning the admissibility of your complaint will be communicated to you as soon as possible.

Please note that complaints to the European Ombudsman (and any annexed documents) are dealt with publicly, unless the complainant requests confidentiality. Even a confidential complaint, however, must be sent to the Community institution or body concerned, if the Ombudsman begins an inquiry. Further information, including reference to the rules concerning protection of personal data, can be found in the enclosed note.

As set out in Article 2(6) of the Statute of the European Ombudsman, complaints submitted to the Ombudsman shall not affect time limits for appeals in administrative or judicial proceedings.

Please provide a postal address for future correspondence.

Sincerely yours,

João SANT'ANNA
Head of the legal department

You can all contribute and lets make this work!!!!!!!!!!!!!!!!

[86ti]

The Ombudsman can only make inquiries into complaints that meet the criteria of admissibility set out in the Treaty establishing the European Community and the Statute of the European Ombudsman. Information concerning the admissibility of your complaint will be communicated to you as soon as possible.

I thought the Ombudsman deals only with complaints against instiutions of the EU.

[Richard66]

It certainly was the quickest reply I have ever seen!

I was also under the impression the ombudsman only dealt with cases concerning EU institutions. In matter of fact, as I, who have made petitions and complaints, have neither heard from European Parliament or European Commission, it was recommended I contact the obudsman to see what the problem is.

[charles4u]

Well guys I thought so myself but as you can see, They read it and wants to make it an hearing by the name Elizabeth but am not really sure how its gonna go but am certainly sure they deal with complains...

And in the case of having problems with free movement, then am sure its also a complain and they can either send it to the parliament or solvent or find a way to treat it once they see am right by the fact of the EEA thing.

Guys you can join me and yessssssssssss it was a very fast response and I was surprised too cus I send it just a week ago.

[Richard66]

My wife and I have also just received a letter from the European Ombudsman. The contents are the same, except for a name or two and, of course, the number of the complaint.

[charles4u]

My wife and I have also just received a letter from the European Ombudsman. The contents are the same, except for a name or two and, of course, the number of the complaint.

Good friend so lets see how many yrs it will take them to handle this case and free us from this bondage...LOL

[charles4u]

My wife and I have also just received a letter from the European Ombudsman. The contents are the same, except for a name or two and, of course, the number of the complaint.

Good friend so lets see how many yrs it will take them to handle and solve this case and free us from this bondage...LOL

[charles4u]

Hello everyone, I have just recieved another acknowledgement from the Secretary General of the EU Belgium today and this is what it says as I am unable to put the format here, I hope something is done as soon as possible.


8195-ACKNOWLEDGEMENT OF RECEIPT-EUROPEAN COMMISSION

Thursday, October 30, 2008 4:30 AM
From: "SG-COURRIER-DE-LA-COMMISSION@ec.europa.eu" <SG-COURRIER-DE-LA-COMMISSION@ec.europa.eu>

EUROPEAN COMMISSION
SECRETARY-GENERAL
Directorate R (SG-R-2)

I sent again a complain on the same issue the EEA permit and with proves from UKBORDER and embassy sites saying visa is needed for EU family members and also from other EU member state embassies saying visa is not needed for family members and also telling them UK and IRELAND should be wildrawn from EU if they can obey the law as its affecting family members alot. But this time I sent to the Secretary General of the EU and it as been registered under Reference SG/CDC(2008)A/8195.

It says I belong to the Category of policies according to my complain.

JUSTICE, FREEDOM AND SECURITY.


Lets see what happens next guys.......

[charles4u]

Reply

Dear ****,

Thank you for your enquiry.

As you correctly point out the UK is currently in breach of Article 5(2) of Directive 2004/38 by requiring third country nationals who are family members of EU citizens residing in another EU country to obtain an EEA family permit in order to enter the UK. The UK should be recognising residence cards issued under Article 10 of the Directive but its implementing rules (the Immigration (EEA) Regulations 2006) do not allow for such a facility.

Given the consular officer’s rejection of your husband’s application for an EEA family permit, we suggest that you contact SOLVIT, the EU’s online problem-solving network of public administrations to see if they can assist you in resolving the issue:
http://europa.eu/solvit/site/index_en.htm

We recommend that you contact SOLVIT by completing this on-line form:
https://webgate.ec.europa.eu/solvit/ind ... anguage=en

You should also know that the European Commission is responsible for monitoring the application of all EU legislation by EU countries. It is currently examining the progress made by member states in implementing Directive 2004/38. In some cases, it has initiated infringement proceedings against the Member States who failed to implement the Directive or failed to communicate details of implementing legislation.

See for example the Commission’s proceedings against the UK and others:
http://europa.eu/rapid/pressReleasesAct ... &format=HT

In addition, the European Parliament is currently conducting an in-depth survey into the application of the Directive in all member states. The CSS is participating in this endeavour and has identified the issue you have raised as one of the problems in implementation of the Directive. The research into the report is on-going as we write and should be published in 2009. We hope that it will address key recommendations to rectify problems such as the one you have identified.

Unfortunately, as in all matters relating to the enforcement of legislation in general, it will take effort and some court cases before the national law fall into full compliance with EU legislation.

Whilst the process may seem lengthy, please rest assured that considerable attention is being paid to the implementation of the Directive to ensure that citizens can truly enjoy the rights contained in the Directive.

We hope this answers your query.

Yours sincerely,

Citizens Signpost Service

[Richard66]

This is the most explicit letter I have read so far. I see they have no doubts the UK is in the wrong. Good! Let us expect results soon.

I have contacted a number of members of the European Parliament, asking for their assistance in getting things moving. I did mention I am a registered voter (which I am).

[charles4u]

The UK Border Agency is updating its guidance in the light of the judgment:

The UK Border Agency is implementing the ECJ judgment in the case of Metock, which relates to the conditions under which European economic area (EEA) nationals' direct family members can reside in the UK. Updated guidance will be published shortly. The UK Border Agency's processes for assessing applications from those in the UK are already compliant with the Metock ruling.15

Any application which is pending at the moment and to which UKBA seeks to apply national immigration rules should now be decided on the basis of the Metock decision. Any attempt by UKBA to apply national immigration rules to EU national’s third country national family members should be countered with a threat of or claim for damages (this is the remedy prescribed by EU law).
Any practice by UKBA which appears to make the exercise of residence, work or benefits rights/entitlements more difficult after 1 May 2006 than it was before is suspicious under the Metock principle of the increase of rights.

UK Comments

If UKBA resists applications for residence cards or EEA permits for third country national family members of migrant EU citizens (as defined in the directive) on the basis of the Immigration Rules this is inconsistent with the judgment and the question is one of damages for the EU citizens and their family members who are adversely affected. All entry clearance and residence card applications for third country national family members of migrant EU nationals must be decided exclusively on the basis of the Directive not UK Immigration Rules

http://www.parliament.uk/commons/lib/re ... -04900.pdf

[Richard66]

Am I reading too much here (in the link) but it seems another blow has been delivered to the EEA FP.

Continue like this it will soon be a thing of the past.

[charles4u]

Jacqui Smith’s plans to amend the Immigration (European Economic Areas) Regulations 2006 are likely to be struck down by the European Commission and by the European Court of Justice.

The home secretary, Jacqui Smith, has recently announced new rules to exclude those who foster extremism or hate from entering the UK. Through the new rules the Government wants to create “a presumption in favour of exclusion in respect of all those who have engaged in fostering, encouraging or spreading extremism and hatred.â€

[Richard66]

Considering that so far the only EEA citizens to carry out outrages were British citizens (the ones in London) and not Germans or French I find this idea a bit hare-brained. Unless, of course, this will mean that people "fostering, encouraging or spreading extremism and hatred" will be confined to the UK and not allowed to run amuck in the rest of the EEA.

[quote]Jacqui Smith has said that the Government will “Introduce changes that will allow me to exclude from the UK nationals of the European Economic Area, and their families, before they travel to this country where they constitute a threat to public security or policy.â€