Is this legal?
Posted: Sun Aug 07, 2011 7:23 pm
I am a student in Ireland (non-EEAnational) and my husband is Irish. He got offered a job in London starting January this year, and we got married in June. (We have been together since 2008). I was granted an EEA family permit to move over and join him after I finish my degree. I have my last 2 exams this week, and since I would be finishing, we were planning a holiday to Spain and France (longer in France) for the end of this month.
I went to apply for a visa at the French embassy in Dublin, since I am still currently resident here and on a student based redient card (which expires at the end of September 2011). I also do not need a visa for Ireland, and am allowed to enter Ireland for 3 months without any visa.
I took our marriage certificate, completed form, booked flights with both our names to prove that we are travelling together and copies of everything they asked. I pointed out that my Irish resident card only had a month and a half left (as I was finishing my studies next week) and that I have been granted an EEA family permit as I am moving to the UK to join my husband.
At first I was told I could not get a visa. I tried to explain my situation as best I could and was then told I would have to at least provide the following:
-proof that I am leaving spain and entering france
-proof of accommodation
-proof of address for my husband in the uk
-a letter explaining our situation
-a reference letter
-and this is the part I especially don't get, more proof (apart from the EEA Family Permit, that I am moving to the UK. And the onus is completely on me here to provide it. All I can think of is an email from IBM stating that I have passed their tests and am through to the next round in the recruitment process.
Is this legal according to Directive 2004/38/EC? Because it doesn't feel like I have the right to move and reside freely.
I went to apply for a visa at the French embassy in Dublin, since I am still currently resident here and on a student based redient card (which expires at the end of September 2011). I also do not need a visa for Ireland, and am allowed to enter Ireland for 3 months without any visa.
I took our marriage certificate, completed form, booked flights with both our names to prove that we are travelling together and copies of everything they asked. I pointed out that my Irish resident card only had a month and a half left (as I was finishing my studies next week) and that I have been granted an EEA family permit as I am moving to the UK to join my husband.
At first I was told I could not get a visa. I tried to explain my situation as best I could and was then told I would have to at least provide the following:
-proof that I am leaving spain and entering france
-proof of accommodation
-proof of address for my husband in the uk
-a letter explaining our situation
-a reference letter
-and this is the part I especially don't get, more proof (apart from the EEA Family Permit, that I am moving to the UK. And the onus is completely on me here to provide it. All I can think of is an email from IBM stating that I have passed their tests and am through to the next round in the recruitment process.
Is this legal according to Directive 2004/38/EC? Because it doesn't feel like I have the right to move and reside freely.