ca.funke wrote: ↑
Thu Feb 16, 2012 9:35 am
so you´re in the following scenario?
- 2 parents, one on ILR and one on Tier 2
- 2 children who are British nationals (passport is irrelevant, see >>here<<)
- 1 child on ILR
I think the 3 non-British of yee will need visas
Reason is in
>>2004/38/EC<<, Articles 2 and 3 wrote:
For the purposes of this Directive:
2. ‘family member’ means:
(d) the dependent direct relatives in the ascending line
those of the spouse (...);
(=not you, because you´re not dependent on your children, I guess?)
2. Without prejudice to any right to free movement and
residence the persons concerned may have in their own right,
the host Member State shall, in accordance with its national
legislation, facilitate entry
and residence for the following
(a) any other family members, irrespective of their nationality,
not falling under the definition in point 2 of Article 2 who,
in the country from which they have come, are dependants
or members of the household of the Union citizen having
the primary right of residence(...)
The host Member State shall undertake an extensive examina-
tion of the personal circumstances and shall justify any denial
of entry or residence to these people.
So if at all you should have "entry facilitated", while I guess a visit-visa for you would not be refused anyway.
But then again: My understanding of the law as far as "who is a benificiary" outside of spouses isn´t great. Maybe some else can say something different/better about this?
Been a while since I have posted but always kept on checking the posts to see if I can be of any use to someone. Been through quite some journey with UK immigration and need some advise from you good people.
So I have been in UK since 2009 and overstayed due to fraud solicitors. Got married October 2017 in UK as per islamic marriage not registered with UK court. I did not inform the Home office as we were trying to get some paperwork. But at least the police got involved and had to go to detention then application , bail , refusal , deportation, I choose to leave voluntarily so I would have 1 year ban and paid for the ticket myself. Came back with my wife( who is English) in the same flight to Bangladesh and got our marriage ceremony done here.Due to all the complication I have decided to take the EU route and need your help badly guys.
I have managed to arrange for work permit for poland. (I can apply for temporary residence permit in Poland after I arrive there)to be confirmed and hope you can help me with that a swell. Now I need help as to how I can get back in UK and settle there.
Please ask any question to give better advise guys
Thanks for your help