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by mastermind
Tue Sep 03, 2013 12:01 pm
Forum: Europe immigration forum
Topic: Latvia offering residence permits inexchange for investments
Replies: 6
Views: 1973

To be sure you need to check the relevant legislation, links to which can be found on this page: http://europa.eu/legislation_summaries/justice_freedom_security/free_movement_of_persons_asylum_immigration/l14514_en.htm As far as I remember a residence permit of one of Schengen-participating countrie...
by mastermind
Tue Sep 03, 2013 11:25 am
Forum: Europe immigration forum
Topic: Spanish residency nightmare for Thai family of UK Citizen
Replies: 36
Views: 7642

Re: Latest debacle!

As your residence has already been "established" (they issued your residence documents), they have no right to discriminate/harrass you and your family further. See references to relevant European Case Law on page 15 of this document: http://cadmus.eui.eu/bitstream/handle/1814/13634/RSCAS_2010_23.co...
by mastermind
Fri Jun 28, 2013 5:53 pm
Forum: Europe immigration forum
Topic: EU Treaty on immigration
Replies: 7
Views: 1759

BBC, 25 June 2013: The Britons leaving the UK to get their relatives in: http://www.bbc.co.uk/news/uk-23029195
by mastermind
Wed Jan 09, 2013 3:09 pm
Forum: Europe immigration forum
Topic: Spanish residency nightmare for Thai family of UK Citizen
Replies: 36
Views: 7642

At the bottom of the following page http://ec.europa.eu/solvit/site/about/index_en.htm there is a link saying "Please let us know whether the service you have received from SOLVIT fulfilled these standards." which links to: SOLVIT@ec.europa.eu Check the following topic as well: http://www.immigratio...
by mastermind
Wed Jan 09, 2013 3:05 pm
Forum: Europe immigration forum
Topic: Spanish residency nightmare for Thai family of UK Citizen
Replies: 36
Views: 7642

You need to contact SOLVIT: http://ec.europa.eu/solvit/site/index_en.htm
Give them whatever evidence you have.
If it does not help, there is a "central" email (of their office in Brussels i suppose). I'll find and post it in a sec...
by mastermind
Sat Dec 01, 2012 11:11 pm
Forum: Europe immigration forum
Topic: Duration of Carte De Sejour
Replies: 4
Views: 1120

Yes, I recall reading something like this about France too.
This is clearly a violation of the law, on how and where to complain read this post of mine for example: http://www.immigrationboards.com/viewto ... ht=#740956
by mastermind
Sat Dec 01, 2012 3:45 pm
Forum: Europe immigration forum
Topic: Duration of Carte De Sejour
Replies: 4
Views: 1120

FYI: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52003DC0101:EN:HTML Second Commission Report to the Council and Parliament on the implementation of Directives 90/364, 90/365 and 93/96 (right of residence) /* COM/2003/0101 final */ (directives predating and replaced by 2004/38/EC): D...
by mastermind
Sat Dec 01, 2012 3:29 pm
Forum: Europe immigration forum
Topic: Duration of Carte De Sejour
Replies: 4
Views: 1120

The Directive 2004/38/EC mandates the duration of 5 years for all residence cards. (unless the EU citizen intends to stay for less and declares so).
There were also some ECJ cases in this regard, to confirm this.
by mastermind
Tue Nov 27, 2012 7:51 am
Forum: Europe immigration forum
Topic: Spanish residency nightmare for Thai family of UK Citizen
Replies: 36
Views: 7642

Also, as it seems that your own status has been established once (by issuing a residence certificate to you by the state), you do not need to do anything anymore about it even if you ceased to satisfy the necessary conditions. (i.e. you have no obligation to prove anything to anyone anymore) Conside...
by mastermind
Tue Nov 27, 2012 7:33 am
Forum: Europe immigration forum
Topic: Spanish residency nightmare for Thai family of UK Citizen
Replies: 36
Views: 7642

Read this European Commission's guide to know your rights: http://ec.europa.eu/justice/policies/citizenship/docs/guide_2004_38_ec_en.pdf (and to know what to talk to SOLVIT etc. about). I suggest that you count that 6 months limit from your first application and press this issue via SOLVIT according...
by mastermind
Tue Nov 27, 2012 7:07 am
Forum: Europe immigration forum
Topic: Schengen Visa and Carte de Sejour
Replies: 4
Views: 1474

Does not matter, a specific type of visa or its duration (or even if you have a visa or not) is not a prerequisite to exercise your treaty rights along with your spouse. See http://www.immigrationboards.com/viewtopic.php?p=516576&highlight=#516576 and http://www.immigrationboards.com/viewtopic.php?p...
by mastermind
Tue Oct 09, 2012 6:53 pm
Forum: Europe immigration forum
Topic: E.U States Allowing Visa free Travel-E.U Fam&Residence c
Replies: 455
Views: 205744

I would apply with minimal documents as required by the law (evidence of the relationship with the EU national) and insist that they process my application as it is. If they want to reject it, fine, let them do it, they MUST provide a justified reason in writing and inform you on how to appeal as pe...
by mastermind
Thu Sep 27, 2012 4:16 pm
Forum: Europe immigration forum
Topic: E.U States Allowing Visa free Travel-E.U Fam&Residence c
Replies: 455
Views: 205744

Refer them to the handbook linked here earlier (quote relevant parts from it along with the link): http://ec.europa.eu/home-affairs/policies/borders/docs/c_2010_1620_en.pdf This handbook establishes the rules they MUST work by. If they refuse to, well, I guess that's what there is SOLVIT for: http:/...
by mastermind
Thu Sep 27, 2012 3:44 pm
Forum: Europe immigration forum
Topic: E.U States Allowing Visa free Travel-E.U Fam&Residence c
Replies: 455
Views: 205744

These are illegal demands. Even if you take a look at the application form for Schengen visa (if you choose to get one, you do not have to) you'll see that it says that fields marked with "*" do not need to be filled in by family members of EU nationals. Essentially all you have to provide is eviden...
by mastermind
Sat Sep 15, 2012 5:48 pm
Forum: Europe immigration forum
Topic: Directive 2003/109/EC Long Term Residents
Replies: 29
Views: 15132

CJEU C-508/10

The Court of justice of the European Union ruled back on 26 April 2012 ( Case C-508/10 European Commission v Kingdom of the Netherlands ) that those countries that charge hundreds of euros in application fees failed to fulfil their obligations under the Directive 2003/109/EC. I guess the European Co...
by mastermind
Wed Sep 05, 2012 12:36 am
Forum: Europe immigration forum
Topic: CYPRUS MEU2A form vs M61B
Replies: 3
Views: 1922

Looks like the local office is wrong (those immigration offices are notorious for incompetence and worse :( ): 1. http://www.immigrationboards.com/viewtopic.php?p=350195#350195 2. http://www.prio.no/upload/Free%20Movement%20of%20Workers%20in%20Cyprus%20and%20the%20EU%20series%2012010.pdf On page 5: ...
by mastermind
Fri Jul 27, 2012 2:36 pm
Forum: Europe immigration forum
Topic: Nationality? Which country do i belong to?
Replies: 16
Views: 3117

Anyway it looks like that the OP would not have a problem satisfying these residency criteria.
by mastermind
Fri Jul 27, 2012 1:38 pm
Forum: Europe immigration forum
Topic: Nationality? Which country do i belong to?
Replies: 16
Views: 3117

Re: Nationality? Which country do i belong to?

When I entered the UK, my British HK passport was stamped "Indefinite leave to reman". Hm... Regardless of whatever deadlines you have missed, aren't anyone who lived in the UK for at least a year with a time-unrestricted immigration status (like IRL) eligible to apply for nationality via naturalis...
by mastermind
Thu May 10, 2012 4:22 pm
Forum: Europe immigration forum
Topic: Time to complain again to the EU commission
Replies: 3
Views: 1200

Of course not. Besides what acme4242 posted I also mentioned the mess with visa-free travel for non-EU family members and the mess with PR (the fact that it is not clear if PR residence cards are good to travel within the EU and that there are two very similar permanent statuses defined in directive...
by mastermind
Thu May 10, 2012 9:04 am
Forum: Europe immigration forum
Topic: Time to complain again to the EU commission
Replies: 3
Views: 1200

Done.
by mastermind
Wed Apr 04, 2012 1:01 pm
Forum: Europe immigration forum
Topic: Czech RC for non-EU family member
Replies: 36
Views: 10784

Clearly they do not understand the EU law. Calling residence card a "permit" speaks for itself.
by mastermind
Tue Apr 03, 2012 8:56 pm
Forum: Europe immigration forum
Topic: Can a None EU Spouse work in Malta?
Replies: 17
Views: 4484

newlight1 , The way freedom of movement rules work is that neither EU nationals nor their non-EU family members need a permission to work. It is kind of the other way around: you need to work in order to secure your residency rights (it is just one of possible ways to exercise treaty rights of cour...
by mastermind
Sat Mar 31, 2012 4:16 am
Forum: Europe immigration forum
Topic: Can a None EU Spouse work in Malta?
Replies: 17
Views: 4484

Yes.
by mastermind
Sat Mar 31, 2012 3:35 am
Forum: Europe immigration forum
Topic: Can a None EU Spouse work in Malta?
Replies: 17
Views: 4484

There are no separate "eligibility to work" part of non-EU spouse's rights. As long as the EU national exercises his/her treaty rights (living off savings - "being self-sufficient" - is one of the ways of exercising these rights) the non-EU spouse can stay and work in the same country. And for the f...
by mastermind
Sat Mar 31, 2012 3:13 am
Forum: Europe immigration forum
Topic: Can a None EU Spouse work in Malta?
Replies: 17
Views: 4484

Check this European Commission's guide: http://ec.europa.eu/justice/policies/ci ... _ec_en.pdf
Hope it answers your question.
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