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EU Commission takes the UK to court

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Directive/2004/38/EC
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Post by Directive/2004/38/EC » Wed May 02, 2012 10:54 pm

EUsmileWEallsmile wrote:I wonder is the lack of security concern anything to do with cards being in a nasty foreign language.
Well spotted!

docteurbenway
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Post by docteurbenway » Thu May 03, 2012 5:44 am

The Home Office said: “We disagree with the commission’s opinion, which is not binding, and we will appeal. As the home secretary has said . . . we will not tolerate abuse of the free movement directive.”

It has been more than 8 years since it came out and more than 6 years since they were supposed to transpose the Directive and i am sure they have read it enough times to know what it says. Now May and HO are acting surprised as if it just came out today.

If they had concerns about possible abuse of the Directive they should have given solutions or proposed amendments way back in the day.

Regarding security concerns over EU cards, most Schengen states are now issuing biometric cards with fingerprints on them, for example Germany now only issues biometric ones with English descriptions see:

http://upload.wikimedia.org/wikipedia/c ... skarte.JPG

So that argument is no longer valid.

The bottom line is they know their game is up and just trying to put a political spin on things to cover their bad policies. From all their rhetoric you feel like it is the BNP or the UKIP who are in power in the UK.
Last edited by docteurbenway on Thu May 03, 2012 6:45 am, edited 5 times in total.

docteurbenway
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Post by docteurbenway » Thu May 03, 2012 6:07 am

Apparently the article that was posted in the Financial Times(and that i posted on this forum) is now quoted by other media sources as highly credible, see here:

http://www.thetrumpet.com/9356.8202.0.0 ... ration-law

Quote:

"The other issue relates to the Commission wanting Britain to allow family members of EU citizens to be able to apply for UK residency. As the Financial Times explains it, “This would entitle, for instance, an Afghan national in London to apply for residence in Britain on the basis of their Italian brother living in Rome.”

The fact that the EU is able to boss Britain around on this, with Britain’s only response being to appeal, shows how much power Britain has given up to Europe."

mEEA
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Post by mEEA » Thu May 03, 2012 7:54 am

docteurbenway wrote:... The fact that the EU is able to boss Britain around on this, with Britain’s only response being to appeal, shows how much power Britain has given up to Europe....
If UK is in EU then it needs to follow the rules as long as they are in place. It is as simple as it is. A union by definition has no individual oriented goal, but tries to make every member satisfied. This defines an equilibrium, meaning UK is able to suggest changes in the laws in its own way and insist on them. But this does not give them right to violate laws as long as they are in place.

docteurbenway
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Post by docteurbenway » Thu May 03, 2012 12:09 pm


mEEA
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Post by mEEA » Thu May 03, 2012 4:04 pm

docteurbenway wrote:News about UKBA

http://www.telegraph.co.uk/news/uknews/ ... daily.html
Hello docteurbenway,

why don't you use the url possibility of this website? it is very neat.

For example you could write: Read this news about UKBA.

Rgds, meea

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Fri May 04, 2012 9:50 pm

Alleged spokesman or not, this is what the UKBA has to say (or rather not to say) on the matter.

http://www.ukba.homeoffice.gov.uk/news- ... ancitizens

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Fri May 04, 2012 11:59 pm

EUsmileWEallsmile wrote:Alleged spokesman or not, this is what the UKBA has to say (or rather not to say) on the matter.

http://www.ukba.homeoffice.gov.uk/news- ... ancitizens
I do not see anything about the EC action on this page. Or am I overlooking something?

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Post by vinny » Sat May 05, 2012 12:50 am

EUsmileWEallsmile wrote:(or rather not to say)
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

docteurbenway
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Post by docteurbenway » Sat May 05, 2012 10:27 am

I know i have asked this before, but here i go again:

1.Is there a chance that the UK would listen to the EC and fix the mess by 26 of June?

2.If not and they do put up a fight till the bitter end, how long are you predicting that is going to take?

Thanks

docteurbenway
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Post by docteurbenway » Sat May 05, 2012 10:17 pm

Looks like the UKBA is not focusing on silly matters like fighting drugs and weapon smuggling,but rather concentrating on combating the real enemy, evil "benefit tourists" from the EU their family members and other "immigrants".

More here

On a lighter note here is a suggestion by one famous British TV personality on how to make things easier in Heathrow, apparently all you need is beloved

Here

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Sat May 05, 2012 11:33 pm

docteurbenway wrote:1.Is there a chance that the UK would listen to the EC and fix the mess by 26 of June?

2.If not and they do put up a fight till the bitter end, how long are you predicting that is going to take?
Nobody here is qualified to say. It is largely a political decision for the UK as to how to proceed.

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Post by EUsmileWEallsmile » Sun May 06, 2012 9:48 am

docteurbenway wrote:Looks like the UKBA is not focusing on silly matters like fighting drugs and weapon smuggling,but rather concentrating on combating the real enemy, evil "benefit tourists" from the EU their family members and other "immigrants".

More here

On a lighter note here is a suggestion by one famous British TV personality on how to make things easier in Heathrow, apparently all you need is beloved

Here
I liked it when you quoted the full URL (I could decide to read the source of not). Pros and cons - eh.

mEEA
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Post by mEEA » Sun May 06, 2012 10:45 am

EUsmileWEallsmile wrote:... I liked it when you quoted the full URL (I could decide to read the source of not). Pros and cons - eh...
:-) if you mouse-over the link in url form you see the full link in most of the browsers on left-down edge of the screen.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sun May 06, 2012 10:48 am

So it does. I did prefer the old way though. Instead of typing here, one could have a more descriptive title.

(I'm too old for this computer stuff!).

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Sun May 06, 2012 11:30 am

If you just say here or here or here then it is better to just provide the full URL

If you have a nice descriptive text, then it fine to use that as the text and have the URL hidden

docteurbenway
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Post by docteurbenway » Wed May 09, 2012 4:50 pm

My wife and i, just came back from Belfast. We originally flew from Germany to Dublin, which was easy enough, i had the Directive and all sorts of printouts with me. In Dublin the IO looked at my card, i saw he was a bit reluctant, so i said: "my wife is traveling with me, would you like our marriage certificate as well?" he was relieved and said yes. He did stamp my passport, but i let it slide.

We spent a few good days in Dublin, then rented a car and drove to Belfast, no controls at all, had a great day in the UK, visited the Titanic exhibition and drove back to Dublin.

Flew from Dublin to to Germany, there was no immigration on the way back from Dublin to Germany so no one stamped my passport out. In Germany passed a German IO and went home.
Last edited by docteurbenway on Wed May 09, 2012 11:17 pm, edited 1 time in total.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Wed May 09, 2012 7:28 pm

Good for you, could you update your experience in the other thread you frequent. Thanks.

http://www.immigrationboards.com/viewto ... &start=120

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Wed May 09, 2012 10:28 pm

docteurbenway wrote:My wife and i, just came back from Belfast. We originally flew from Germany to Dublin, which was easy enough, i had the Directive and all sorts of printouts with me. In Dublin the IO looked at my card, i saw he was a bit reluctant, so i said: "my wife is traveling with me, would you like our marriage certificate as well?" he was relieved and said yes. He did stamp my passport, but i let it slide.
Do you have a German issued Residence Card?

I did this with my wife in Ireland. It was the one time we used MRAX. http://eumovement.wordpress.com/2010/08 ... to-travel/

docteurbenway
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Post by docteurbenway » Wed May 09, 2012 10:29 pm

The UK Border Agency (UKBA) - recently branded "not fit for purpose" - paid £3.5m in performance-related bonuses to staff in one year

http://www.bbc.co.uk/news/uk-england-london-18010568

docteurbenway
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Post by docteurbenway » Wed May 09, 2012 11:14 pm

Directive/2004/38/EC wrote: Do you have a German issued Residence Card?
Yes i have a German issued card of a Family Member. We did also take a bunch of print outs about the Directive and even UK EEA immigration Regulations 2006(for Belfast), but we never used them, no need.

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Post by Directive/2004/38/EC » Wed May 09, 2012 11:29 pm

So even though you had a RC, there was still a little problem at Dublin airport? You had to show your marriage certificate?

docteurbenway
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Post by docteurbenway » Thu May 10, 2012 12:30 pm

Directive/2004/38/EC wrote:So even though you had a RC, there was still a little problem at Dublin airport? You had to show your marriage certificate?
Well i would not call it a problem, the whole thing lasted 5 minutes at most. We exited the plane and went to the "all passports" stand.

I went first and my wife was standing by my side, i handed the IO my German Family Member card and my passport.

He looked at the card for 10 seconds or so and said "so you are married to someone in the EU?" i said "here is my wife traveling with me", at this point she gave him her EU passport so he had both now and was relaxed even smiled at us.

I said "you want the marriage certificate as well?", he said "yes cuz it doesn't say..."

He did not finish the sentence, but i gathered he wanted to say "doesn't say the name of the spouse on the card"

He smiled again and said "are you on holiday?" we said yes, he asked "how long are you planning on staying?" we said 5 days and then he stamped my passport with a green stamp that said "Temporary visitors permit, valid for 90 days, without recourse to public funds"

On the way out from Dublin to Germany there was no IOs at all so we directly boarded the plane. 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.
Last edited by docteurbenway on Thu May 10, 2012 12:56 pm, edited 2 times in total.

docteurbenway
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Post by docteurbenway » Thu May 10, 2012 12:38 pm

Good article by the Daily Mail about the UKBA:

http://www.dailymail.co.uk/debate/artic ... ds-newsxml

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Post by EUsmileWEallsmile » Sat May 12, 2012 11:08 pm

Normally I would not equate good and article with daily mail. The article is generally interesting. One point though is that the soundbite (the little tiny extract from the original report) is cherry picked for effect.

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