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Important Judgement : EEA Family Permits
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DFDS.
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PostPosted: Tue Mar 30, 2010 3:18 pm    Post subject: Reply with quote

This the way i understand it then:

That if the applicant can prove that he/she has previously stayed with the EEA sponsor in another member state( under the same roof), that applicant could be ok. Thats step N0.1, before other issues into consideration.( such as Valid ID, Being dependant on that same sponsor here in UK as well etc)

The techenicalities involved in OFMs makes things a beat complex, however straight forward sometime they look to be. And i a sume the directive its self is to blame for this, for up to now they have not come out to put this clear.
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Obie
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PostPosted: Tue Mar 30, 2010 3:28 pm    Post subject: Reply with quote

Just to add another thing, the UK's requirement that the Durable partner should be living lawfully in the UK to Qualify for Residence card , is unlawfully.

It is important to note that this requirements does not apply to Other family member who have lived in the Same household or dependant on the EEA national exercising treaty rights in the UK.

Once you can established you were resided in another member state with the Union Citizen, then you are accompanying or joining the Same Union Citizen in another member State, and would be dependant or living under the same roof, then you qualify for your entry and residence to be facilitated, and for an extensive examination to be undertaken of your personal circumstance.
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Forza_RC
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PostPosted: Fri Apr 30, 2010 11:26 pm    Post subject: Reply with quote

Do EEA2 holders have to queue as other or EU citizens' queue at the UK airports and have their passport stamped every single time they enter the UK?
Does anyone know any official quide or any web link where I can get some info?Could not find on UKBA's website.

Thanks...
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msmoby_ru
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PostPosted: Wed May 05, 2010 2:42 pm    Post subject: Reply with quote

Forza_RC wrote:
Do EEA2 holders have to queue as other or EU citizens' queue at the UK airports and have their passport stamped every single time they enter the UK?
Does anyone know any official quide or any web link where I can get some info?Could not find on UKBA's website.

Thanks...


We queue in NON-EU.. I am an EU citizen, and the EEA FP / Residency permit, non EU passport holders still have to fill in landing cards and have their passports stamped.

Sorry, no links - just first hand experience !
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86ti
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PostPosted: Wed May 05, 2010 3:37 pm    Post subject: Reply with quote

msmoby_ru wrote:
... the EEA FP / Residency permit, non EU passport holders still have to fill in landing cards and have their passports stamped.!


Both wrong as the question was regarding residence card holders (residency permits do not exist under EEA regulations). The question has been answered before, see the other sticky in this subforum.
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msmoby_ru
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PostPosted: Thu May 13, 2010 6:55 am    Post subject: Reply with quote

86ti wrote:
msmoby_ru wrote:
... the EEA FP / Residency permit, non EU passport holders still have to fill in landing cards and have their passports stamped.!


Both wrong as the question was regarding residence card holders (residency permits do not exist under EEA regulations). The question has been answered before, see the other sticky in this subforum.


Hmm,

I am looking at a "Residency Document" issued by the UKBA under a EU Directive, applying to EEA nations.

I can also look at a EEA FP, clearly marked "EEA FP to accompanying spouse"

I'm 'sorry' if the question is answered elsewhere, but how is the answer 'incorrect'?!

Forza_RC, it may well be that the UK "Residency Document" issued to an EU dependant should NOT be stamped.. but as it is issued to allow the holder to accompany / to be with the EU citizen, you can be sure my answer was 'correct'.. as 'tested' at Glasgow, Manchester and Bristol airport Wink

to 86ti: if I have misunderstood, please expand
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jackEM
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PostPosted: Mon Jul 19, 2010 1:16 pm    Post subject: Reply with quote

With due Respect to 86ti....

what he means that FP are not issued under EU rules, and they FP holders are stamped etc....

But RC and PR are issued under EU rules and are not supposed to be stamped under EU rules..

So the questions and the answer are mixing FP with RC & PR ....
so from EU rule Q and A were both wrong...

Regards
[To 86ti: I hope i understood ur statement]
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jotoia
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PostPosted: Sat Aug 14, 2010 5:22 pm    Post subject: Reply with quote

hi all has anyone recently had marriage interview and how long after that they got response thanks
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MelC
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PostPosted: Sat Sep 25, 2010 2:29 pm    Post subject: Reply with quote

Richard66 wrote:
They stop the car and call base and ask for instructions. Whenever I challenged them about the EEA FP nonsese that is what they did in Rome.


HI Richard66, I have been reading the forum, I am a newbie here, so please everyone accept my apologies if I am doing something wrong here ~ i don't get chance to be online too often so might have missed a lot ~

i noticed your tagline ~

I had cause to have several discussions with the EEA/fp manager at the UKBA, hes really nice!

i quizzed him on the point of the residence card issue and he confirmed to me that if a non-eu family member has a residence card from that EU state then as the EEAfp is NOT mandatory it does NOT need to be completed, and no EEA/fp is required.

I DO have that in writing if anyone should need it at anytime.

regards
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gr8.khan
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PostPosted: Tue Oct 26, 2010 4:33 am    Post subject: Hi Reply with quote

MelC wrote:
Richard66 wrote:
They stop the car and call base and ask for instructions. Whenever I challenged them about the EEA FP nonsese that is what they did in Rome.


HI Richard66, I have been reading the forum, I am a newbie here, so please everyone accept my apologies if I am doing something wrong here ~ i don't get chance to be online too often so might have missed a lot ~

i noticed your tagline ~

I had cause to have several discussions with the EEA/fp manager at the UKBA, hes really nice!

i quizzed him on the point of the residence card issue and he confirmed to me that if a non-eu family member has a residence card from that EU state then as the EEAfp is NOT mandatory it does NOT need to be completed, and no EEA/fp is required.

I DO have that in writing if anyone should need it at anytime.

regards


hi MelC;

can you please forward me a copy of that letter as i might need to show to immigration officer on my next visit to UK. thanks!!!
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frida
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PostPosted: Sat Nov 20, 2010 12:50 pm    Post subject: Reply with quote

Hi MelC,

I would also really like to see that letter if possible? Very Happy
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AlienX
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PostPosted: Thu Nov 25, 2010 9:46 pm    Post subject: Reply with quote

Hi All

I sent a query to both WorldBridge and UKBA regarding Family Permit requirements. I am Non-EEA married to Irish national, based in Ireland.

Just received their replays:

WorldBridge
“Please be informed that an Irish residence permit or card is not valid for travel to the UK”

UKBA
“You MUST obtain an EEA Family Permit before entering the UK”

@MelC – I would also like to see the info you have received from the EEA/fp manager at the UKBA. Please PM me, if possible with their contact details.

I am thinking about trying to go to UK without a Family Permit - together with my Irish spouse, of course, and all documents that can prove that we are a genuine family. What if we go by ferry rather than flying? Is there actually any immigration/passport control at ferry ports between Ireland and UK?

What are your opinions guys? Anyone have experience?
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Obie
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PostPosted: Sat Jul 09, 2011 4:57 pm    Post subject: Reply with quote

The Upper Tribunal has ruled in the case of TA and Others (2006 Regs – reg 8 ) Nigeria [2011] UKUT 00253(IAC) , that the requirement that a non-EEA national should be accompanying or joining an EEA national should be read as incooperating those who arrived before and after their EEA sponsor.

It remain to be seen in light of this judgement, whether or not the requirement that the EEA national must be accompanying or joining their EEA sponsor, before an EEA family permit is issued is actually lawful. It also remain to be seen whether a person will be denied entry, if on arrival, their EEA sponsor is not available.
This is an interesting case indeed.
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tina79
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PostPosted: Wed Dec 07, 2011 8:41 pm    Post subject: Reply with quote

Obie,

wonder if you can advise me.

My husband has refused today to get his FFM permit after his 2nd interview....they said so much crap to him. they did not believe in our marrige and they said my paper work wasnt enough. im in uk 7years!!!!!! exercising my treaty rights. i met my husband last year got married this year. they have all the prove and doc....

any suggestion?
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daddy
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PostPosted: Mon Dec 12, 2011 9:51 pm    Post subject: Reply with quote

MelC wrote:
Richard66 wrote:
They stop the car and call base and ask for instructions. Whenever I challenged them about the EEA FP nonsese that is what they did in Rome.


HI Richard66, I have been reading the forum, I am a newbie here, so please everyone accept my apologies if I am doing something wrong here ~ i don't get chance to be online too often so might have missed a lot ~

i noticed your tagline ~

I had cause to have several discussions with the EEA/fp manager at the UKBA, hes really nice!

i quizzed him on the point of the residence card issue and he confirmed to me that if a non-eu family member has a residence card from that EU state then as the EEAfp is NOT mandatory it does NOT need to be completed, and no EEA/fp is required.

I DO have that in writing if anyone should need it at anytime.

regards
Please sir, could you also forward to me a copy of that letter.I dont want the immigration Officers to waste my time at the ferry port again like they did before, this will be something also handy to present to them.
Many thanks.
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Obie
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PostPosted: Tue Dec 13, 2011 1:34 am    Post subject: Reply with quote

tina79 wrote:
Obie,

wonder if you can advise me.

My husband has refused today to get his FFM permit after his 2nd interview....they said so much crap to him. they did not believe in our marrige and they said my paper work wasnt enough. im in uk 7years!!!!!! exercising my treaty rights. i met my husband last year got married this year. they have all the prove and doc....

any suggestion?


Well your options are to either appeal or reapply.

What were the reasons for their allegations?

If you have lived in the UK for 7 years, you may have acquired Permanent residence, therefore no need for them to say you have not provided sufficient evidence of treaty rights.
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tina79
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PostPosted: Tue Dec 13, 2011 9:20 am    Post subject: Reply with quote

thanks Obi,

please can you advise how can i do this? what i need and if it will help him with the application?
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