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by fysicus
Tue Nov 04, 2008 9:20 pm
Forum: Immigration for family members
Topic: CORRECT DATE TO APPLY FOR PR
Replies: 7
Views: 1927
Netherlands

as far as I know the rule is that you have to live (legally of course) in the UK for five years (on the basis of EEA rights) to become eligible for PR. However, there are little differences over the five year Residence Card that you hold now, so I wouldn't bother too much about it. May be I would ap...
by fysicus
Tue Nov 04, 2008 8:42 am
Forum: Immigration for family members
Topic: Transfer of EEA family permit from voided passport to new 1?
Replies: 15
Views: 5159
Netherlands

Why do you need an EEA FP in the first place? It is only for visa nationals and US citizens can enter the UK for short stay without visa anyway, isn't it? Once in the UK, apply for a Residence Card (according to directive 2004/38 using form EEA2). For such application it doesn't matter how you enter...
by fysicus
Wed Oct 29, 2008 1:28 pm
Forum: Europe immigration forum
Topic: EEA2/refused boarding the plane without schengen 2 holland
Replies: 89
Views: 28190
Netherlands

for some airlines it doesn't take much to declare a passport invalid, and you don't need to be an alien to suffer from it, see http://news.bbc.co.uk/1/hi/england/dorset/7695225.stm
Although this incident is not really immigration-related, I couldn't resist to post it here
by fysicus
Sun Oct 19, 2008 11:04 am
Forum: Europe immigration forum
Topic: Petition EU // visa-free-travel for EU-Family members
Replies: 119
Views: 44268
Netherlands

Airlines want to verify before check-in that you will not be denied entry at your destination; that is quite understandable. So at check-in you may need to show the same documentation as I mentioned in my previous post here, and if I were you, I would check it with the airline before making a bookin...
by fysicus
Sun Oct 19, 2008 10:20 am
Forum: Europe immigration forum
Topic: Petition EU // visa-free-travel for EU-Family members
Replies: 119
Views: 44268
Netherlands

Thanks for the clarification Charles, it seems to me even though the UK might not apply the European directive correctly (on the basis of your Residence Card you should be exempt from the visa requirement), you should still be allowed to enter the UK on the basis of the Immigration Rules (chapter11:...
by fysicus
Fri Oct 17, 2008 2:57 pm
Forum: Immigration for family members
Topic: EEA2 After additional docs request, how long did it take?
Replies: 6
Views: 2370
Netherlands

In all correspondence with the Home Office remind them of their own rules, especially rule 1.9 in chapter 5 of the European Casework Instructions ( http://www.bia.homeoffice.gov.uk/sitecontent/documents/policyandlaw/ecis/ ) 1.9 Six-month rule Community law requires us to decide applications for a re...
by fysicus
Thu Oct 16, 2008 8:52 pm
Forum: Immigration for family members
Topic: EEA2 / EEA4 -- passport required for frequent travel
Replies: 12
Views: 4382
Netherlands

I have made various European applications in the past, and never sent passports with the initial application to Croydon. By the time the application is finally processed they will ask for missing documents. Usually they ask for many more documents as well (including ones that are actually not requir...
by fysicus
Thu Oct 16, 2008 2:21 pm
Forum: Europe immigration forum
Topic: Petition EU // visa-free-travel for EU-Family members
Replies: 119
Views: 44268
Netherlands

Richard, there are a few subtleties to be noticed. The directive applies to EEA citizens and their family members in any member state of which the EEA citizen is not a national. Member states can impose harsher laws on their own nationals (as e.g. the Netherlands do) or allow them the same privilege...
by fysicus
Wed Oct 15, 2008 1:28 pm
Forum: Europe immigration forum
Topic: Petition EU // visa-free-travel for EU-Family members
Replies: 119
Views: 44268
Netherlands

are you saying the British Embassy in Romania actually rejected your application for an EEA Family Permit? That would almost certainly be a violation of British law: see http://www.opsi.gov.uk/si/si2006/20061003.htm#12 Alternatively, you can try to enter UK as a Commonwealth citizen, but I have no k...
by fysicus
Wed Oct 15, 2008 1:01 pm
Forum: Europe immigration forum
Topic: Petition EU // visa-free-travel for EU-Family members
Replies: 119
Views: 44268
Netherlands

Charles, I'm not sure if your situation is covered by directive 2004/38. As I understand from your description your wife works (and lives) in the UK, while you are living in Romania (where your wife originates from). I assume you have a residence permit issued by Romania, but is this on the basis of...
by fysicus
Tue Oct 14, 2008 10:49 am
Forum: Europe immigration forum
Topic: EEA2/refused boarding the plane without schengen 2 holland
Replies: 89
Views: 28190
Netherlands

I know from personal experience that Dutch immigration accepts a EU Residence Card as substitute for a visa. In the last twelve months my wife visited Holland (entering at Schiphol airport) three times in this way (one time even travelling alone without me, a Dutch national). You can expect some del...
by fysicus
Tue Oct 14, 2008 10:23 am
Forum: Europe immigration forum
Topic: E.U States Allowing Visa free Travel-E.U Fam&Residence c
Replies: 455
Views: 205744
Netherlands

Visa-free travel will only be possible when people start throwing their weight about and protesting. Playing the sheep doesn't solve the problem. Richard, I couldn't agree more!! For anyone interested in their rights: http://eumovement.wordpress.com/directive-200438ec/ http://eumovement.wordpress.c...
by fysicus
Mon Sep 15, 2008 12:18 pm
Forum: Immigration for family members
Topic: Confused over EEA2 and treaty rights
Replies: 3
Views: 1194
Netherlands

Re: Confused over EEA2 and treaty rights

the only advantage of PR is that you don't need to prove that you are a worker or exercising treaty rights in any other way. To keep it simple you can submit an EEA1 application for yourself and EEA2 for your husband simultaneously (i.e. in a single envelop). For now only send copies of your passpor...
by fysicus
Mon Sep 15, 2008 12:05 pm
Forum: Immigration for family members
Topic: Spouse and EEA Family Permit Refusal
Replies: 5
Views: 1779
Netherlands

Re: Spouse and EEA Family Permit Refusal

by fysicus
Fri Aug 29, 2008 1:32 pm
Forum: Europe immigration forum
Topic: Lived in Denmark for 6 years,Can I apply for EC residency
Replies: 27
Views: 6399
Netherlands

The link that flyboy gives below is to a predecessor directive, not to the actual directive 2004/38 which has replaced all these predecessors with effect from 1 May 2006 (more than two years ago already). Directive 2004/38 applies without exception to all EU member states plus Norway, Iceland, Liech...
by fysicus
Sat Jul 12, 2008 12:23 pm
Forum: Immigration for family members
Topic: useful links for family members of EU nationals
Replies: 0
Views: 941
Netherlands

useful links for family members of EU nationals

I collected a few links regarding directive 2004/38 and its implementation in the UK: the actual UK law: http://www.opsi.gov.uk/si/si2006/20061003.htm from the Border force operations manual: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/borderforce/categoriesofpassenger/eeana...
by fysicus
Sat Jul 12, 2008 12:12 pm
Forum: Immigration for family members
Topic: Stamping Residence Card at Airport?
Replies: 6
Views: 1623
Netherlands

A Residence Card should definitely not be stamped on entry in the country that issued the RC ( article 5.3 of directive 2004/38 ) However, immigration officers at UK airports are seldom aware of this rule, even though it is in force for more than two years already! My wife had her RC stamped on many...
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