Tourist visa for Italy and sitzerland

Post by **vinny** » Mon Jun 27, 2011 12:48 pm

vik123 wrote:My parents never lived in canada or moved to canada. My parents just went there for my birth (around 6 weeks) and then came back to UK.

On what basis did you enter the UK?

Post by **vinny** » Mon Jun 27, 2011 12:56 pm

vik123 wrote:Anyway now I am currently more interested in getting a refund for the amount I spent on applying through naturalisation. I applied through the Nationality Checking Service (NCS) and on the form AN there is a section 'parents details' which questions fathers and mothers birth place and nationality. Surley the person reviewing the form should have flagged up I was already british? Do you think I have a case?

See also Chapter 6 > 6.3.30.

Post by **Directive/2004/38/EC** » Mon Jun 27, 2011 1:03 pm

vinny wrote:
vik123 wrote:Anyway now I am currently more interested in getting a refund for the amount I spent on applying through naturalisation. I applied through the Nationality Checking Service (NCS) and on the form AN there is a section 'parents details' which questions fathers and mothers birth place and nationality. Surley the person reviewing the form should have flagged up I was already british? Do you think I have a case?
See also Chapter 6 > 6.3.30.

6.3.30 Applications made by, or on behalf of, persons who have an automatic claim to British citizenship at the date of application (which can include minors whose birth is retrospectively legitimated by the subsequent marriage of their parents before the application is determined) should be treated as a written request for confirmation of status. These should be considered in accordance with the procedures set out in Chapters 2-5, 37-38 and 43-44. The total fee paid (if any) should normally be refunded (see 6.5.10 below).

vik123 · Post by **vik123** » Mon Jun 27, 2011 4:23 pm

Well it turns out my mum got naturalisation 8 months after I was born. My parents are really making my life a nightmare!!!

Post by **Directive/2004/38/EC** » Mon Jun 27, 2011 4:31 pm

vik123 wrote:Well it turns out my mum got naturalisation 8 months after I was born. My parents are really making my life a nightmare!!!

Think of this as a lovely chance to learn about your parents' history... :-) Remember that worst case you already have a citizenship application under way!

So neither your mother nor your father were British citizens at the time of your birth? Or was your father British before your mom?

Post by **vinny** » Mon Jun 27, 2011 4:32 pm

vik123 wrote:my dad became british through marrying my mum. yes he was british when i was born

Therefore, your dad wasn't also British when you were born?

vik123 · Post by **vik123** » Mon Jun 27, 2011 4:43 pm

Apologies guys. I assumed alot which was mostly wrong. I just spoke to my dad 10 minutes back and he told me my mum got naturalisation in 1982 (september) and dad got in 1984. I was born in january 1982.

Post by **Directive/2004/38/EC** » Mon Jun 27, 2011 5:15 pm

vik123 wrote:Apologies guys. I assumed alot which was mostly wrong. I just spoke to my dad 10 minutes back and he told me my mum got naturalisation in 1982 (september) and dad got in 1984. I was born in january 1982.

Since neither of your parents were British citizens when you were born in Canada, you would not be British.

You are Canadian, which is pretty good, and you have an ongoing naturalization application.

Do you have children?

vik123 · Post by **vik123** » Mon Jun 27, 2011 7:52 pm

no kids. but if i do rest assured i will not b messing around with their nationalities!!!

Post by **Directive/2004/38/EC** » Mon Jun 27, 2011 8:35 pm

vik123 wrote:no kids. but if i do rest assured i will not b messing around with their nationalities!!!

I don't think your parents messed around with your nationality. Or if so, only in a way that gave you the gift of Canadian citizenship and now also British citizenship.

The one thing they could have done was get your UK naturalization or registration about 28 years ago! But then they were pretty busy with you as a small toddler.

vik123 · Post by **vik123** » Mon Jun 27, 2011 9:25 pm

ok. so back to the original question. where do I apply for the schengen visa for my wife?

Post by **vinny** » Mon Jun 27, 2011 10:51 pm

She may apply to either Italy or Switerland (wherever she will spend the longest time) or first EEA country of entry.

vik123 · Post by **vik123** » Mon Jul 25, 2011 3:46 pm

the url http://eumovement.wordpress.com/2007/04 ... u-citizen/ specifies its free to get a schengen visa and there is no legal requirement for proof of airline tickets, hotel bookings blah blah blah. but every site i have been to contradicts this e.g. http://www.esteri.it/visti/home_eng.asp. Is there anywhere where I can actually apply for the visa for free???

Post by **Directive/2004/38/EC** » Mon Jul 25, 2011 3:51 pm

http://www.esteri.it/visti/home_eng.asp

Special circulation conditions apply to European Union and European Economic Area citizens and their family members, as well as to Third Country citizens legally residing in the Schengen Area.

vik123 · Post by **vik123** » Mon Jul 25, 2011 4:07 pm

i think my wife might just apply for this residency card http://www.ukba.homeoffice.gov.uk/sitec ... s/eea/eea2. she wont get a passport for at least 3 years so its seems better to get this than getting a schengen every 6 months. what do you think?

Post by **Directive/2004/38/EC** » Mon Jul 25, 2011 4:11 pm

I assume you are an EU citizen living and working in the UK. If so applying for a Residence Card is a great idea. It also proves you wife can work.

vik123 · Post by **vik123** » Mon Jul 25, 2011 4:13 pm

i got my citizenship ceremony in 2 weeks

Post by **Directive/2004/38/EC** » Mon Jul 25, 2011 4:14 pm

vik123 wrote:i got my citizenship ceremony in 2 weeks :)

Which is the new citizenship? Which is the old?

vik123 · Post by **vik123** » Mon Jul 25, 2011 4:17 pm

old canadian, new british

Post by **Directive/2004/38/EC** » Mon Jul 25, 2011 4:22 pm

vik123 wrote:i think my wife might just apply for this residency card http://www.ukba.homeoffice.gov.uk/sitec ... s/eea/eea2. she wont get a passport for at least 3 years so its seems better to get this than getting a schengen every 6 months. what do you think?

So you will be Canadian (non-EU) and a British citizen who has never left the country (as a British citizen). You wife will not be able to apply for a Residence Card. See http://eumovement.wordpress.com/2011/07 ... law-apply/

But she will be able to easily apply for a Schengen visa by post from the Germans. I would encourage you to visit Germany: nice place, and the embassy does not force you to spend a day applying in person.

http://www.london.diplo.de/Vertretung/l ... ungen.html

You may apply by post:

If you are a spouse of an EU or German national or
If you have had a Schengen visa from the German Embassy in London issued within the past 12 months or
If you have had at least 2 used Schengen visa from any Schengen Embassy issued within the past 24 months or
If you have had a one-year or multiple-year Schengen visa within the last 24 months and have used it.

vik123 · Post by **vik123** » Mon Jul 25, 2011 4:30 pm

Sorry but i dont understand why my wife cant apply for residence card. Does whats specified in that link pertain to me or my wife?

Post by **Directive/2004/38/EC** » Mon Jul 25, 2011 4:33 pm

Assume you are British as of yesterday. You have not exercised your right of free movement to go to another EU country. So right now, only UK law applies to you and your wife. So the UK issued Residence Card is not an option for you.

If you move to another Eu member state as a British citizen, then your wife can move with you and she can apply for a Residence Card there.

vik123 · Post by **vik123** » Mon Jul 25, 2011 4:47 pm

i give up. im stayin in good old blighty!!!

Post by **Directive/2004/38/EC** » Mon Jul 25, 2011 4:50 pm

Why do that? You now have a whole bunch of law behind your right to move around Europe with your family in tow.

You can get visas by post from the Germans. And travel visa free if you are feeling adventurous (and driving!): http://eumovement.wordpress.com/2010/08 ... to-travel/

What is the citizenship(s) of your wife?

Post by **ca.funke** » Tue Jul 26, 2011 8:58 am

Directive/2004/38/EC wrote:What is the citizenship(s) of your wife?

Hi Directive,

from his first post I seem to remember sheÂ´s Indian:

vik123 wrote:...My wife is an indian national who has joined me here in the uk via the settlement visa (vaf4a form)...

Rgds, Christian

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Tourist visa for Italy and sitzerland