VAF5 Family Permit she is here with no visa or permit

[terryg]

Hi I am a UK National and I have just managed to get my Venezuelan wife into the UK with no Visa or Family Permit.

It was not easy but I complained like hell after we were incorectly advised by the British Conulate in Madrid to apply for a visa. The visa application was refused twice scince Jan this year. We have been married for 7 years and was forced to leave the UK in 2005 as the UKBA refused my wife the right to remain in the UK. We lived in Canada then Spain for the last 4 years.

I contacted my MP who wrote to the UKBA as the last visa that was refused actualy stated that under the freedom of movent rights I could travel to Spain with our 2 children to visit my Wife. I thought that this was strange and looked into the rules and discoverd that my wife could join me and the children in the UK with out a visa. They were insisting on a VAF5 Family permit.

I refused to make this application as I also discoverd that it requested information that was against EU Directives, it is also not mandatory to apply for this permit. I did not trust the CO in Madrid would allow it as it looked as if they did not understand the rules.

My MP received a letter from the Head of Free Movement Team UKBA in London on the 28th of July 2011. This letter quite clearly confirmed that my wife needed no visa or VAF5 Family Permit to enter the UK if she had a marriage certificate, that we have, and proff that we lived and worked in Spain, that we have.

Armed with this I flew to Spain on the 1st Sep 2011 to fly back with my wife. The staff at Ryan Air refused to let my wife on the plane saying that she needed a visa, dispite reading the official letter from the UKBA stating that a visa was not required. Ryan Air contacted an immigration adviser who told them my wife needed a visa and that she had 2 refusals on record. I had to come back with out her.

I spoke to the CO's at Liverpool Air Port and explained the situation and they said that with the papers we had they would have allowed her to enter.
I wrote to the Head of Free Movement UKBA who wrote back confirming that my wife did not need a visa but it may be better for her to get a VAF5 Family Permit.

I contacted Easy Jet and sent them a copy of the letter from the UKBA and they emailed me back saying that they would allow my wife to fly. They would put this on their records so the staff in Spain would allow her on the plane. My wife arrived at Alicante 6th Sep and was refused to board. So I started to complain, realy complain. I ended up getting a call from the UKBA adviser to air lines in Barcelona who said that as far as he was concerned my wife needed a visa, dispite having the letter from the UKBA stating that she did not. He said that he had 20 years experience in immigration and he was correct. I told him that I had 2 months experience and that he did not even understand the immigration rule 9.2 Surrinder Singh that applied to us. When I offerd to email him the rules he put the phone down. But before that he gave me the no of the CO in Liverpool.

I called the CO in Liverpool and explained the situation as Easy Jet would allow my wife to fly if the got the OK from UK immigration. The ECO asked me for the number of the person at the UKBA that wrote the letter, it was not on the letter. The ECO said that she can get the number and will speak to them.

The ECO called me back and said that she was going to contact Easy Jet and tell them to let my wife on the plane. YEE HA. I fought the law and I won.

Now my wife is here as she should have been allowed to be 8 months ago. I am now taking legal proceedings against the UKBA on the grounds that many of their staff do not know important immigration rules. 2 of the UKBA advisers to the air lines in Barcelona do not understand the rules, as well as the ECO in Madrid. The ECO in Liverpool has learned somthing new. I can prove on paper that UKBA officials have failed in their duties and l can name them. If any one has problems with VAF5 Permits that they do not need by law I suggest that you write to the UKBA to get the letter confirming your rights and then get the telephone number of the ECO at the port of entry. It worked for me.

[86ti]

Thanks a lot for your feedback. I'm just not sure if it's right to have those involved called out by name.

[terryg]

Thanks a lot for your feedback. I'm just not sure if it's right to have those involved called out by name.

[fysicus]

Congratulations first of all!

Are you also taking legal action against RyanAir and EasyJet on the basis of the Denied Boarding Directive? They apparently even refused her after seeing the letter from UKBA that she had the right to enter UK!

[terryg]

First l am taking action against the UKBA as both of the Stupid followed the UKBA instructions by calling the Immigration Liasion Managers that are set up around the world to assist Stupid with individual cases. It was the 2 people that work in Barcelona that advised Ryan Air and Easy Jet not to let my wife fly. Dispite being aware of the content of the letter from the Head of Free movement.

[Directive/2004/38/EC]

The "Immigration Liasion Managers" work for UKBA but outside of the UK? I thought Stupid were supposed to call the UK....

I assume you have seen UKBA's compensation guide at http://www.immigrationboards.com/viewtopic.php?t=83670

Also UKBA's complaint location: http://www.ukba.homeoffice.gov.uk/about ... complaint/

Be aware that the patience that you have shown so far will be required for a long time until this is fully resolved. I hope you stick with it and make things better for those who follow! Please keep up updated as things develop!

I also note that a lot of the long-term fighters are British citizens wishing to return to the UK: Richard66 and Rolfus come to mind.

[terryg]

Thankyou for the links. I am going to fight to make it right. All along in our case my wife and I have stuck to the law for 9 years now and now I have discoverd the power of the internet and sites like this one, my wife and I are going to get the people that have broke the law. The UKBA.

Going Back to our first refusal and appeal in 2004. I now know that because of the Caprpenter case we should never have been asked to leave the UK in the first place. I am going put a case together and make sure that they do respect familys rights and understand the damage they do to young children.

My children have not seen their mum scince December last year and she has only been here for a week now. Every morning our little girl crys her heart out ever time we take her to school as she is afraid that her mum will not be there when she comes out. That is the damage that they have done to my little girl and they will pay beleive me. They will not do it to any other children.

I will take this to the European courts and I will not give in. Time I have lots of to fight for what is right.

I will keep you posted.

Take care now and keep up the good work that you guys are doing. You have helped us get this far. Thank you.

[terryg]

By the way the 3 letters that I have are from The Head of Free Movement at the UKBA and this is what she said regarding the Stupid.

The UKBA have set up Immigration leaision managers to assist air lines deal with indvidual cases. They receive frequent training.

On the 2 occations that my wife tried to fly the airline called the leaision Managers in Barcelona and it was them that instructed the airline to refuse my wife to fly. It is possible that if they are an agency it may be easier to bring them down first. I also have information from a person in Government that has informed me that the HO is having problems with these agency companies as they are causing lots of problems.

The CO that l spoke to in Liverpool said that it was not her job to tell Stupid who to allow to fly. But she did, after she called the Head of Free Movement. What I experienced is that not one single person that I have dealt with at the UKBA knew what they were talking about.

I got my wife here by refusing to except the nonsense that they put out and I forced them to obay the rules that they made. Every time they told me to use the VAF5 application I refused as it is against the law.

[mcovet]

...make sure she doesn't fly out without a Residence Card/other leave to remain again, as I think you'll have to go through the same circus on the way back

I do feel for you, and understand your frustration and desire to get compensation...one thing you must bear in mind, as Directive said above, it will take some time to get justice and by the time it comes, you may have abandoned the plans to go all the way.

I hope that the fire in your belly stays with you for a long time as you've shown here, but don't forget that other day to day problems will come into play which may take your mind of this and in the end you will feel that, since you'd achieved what you wanted-bringin your wife here, no need to waste any more time/energy on chasing the UKBA.

As for 86ti wondering if it's right to mention those workers by name, why not? They are public officials who work for us and are being paid through our taxes etc... if they are incompetent they should be named and shamed! Although there is no particular benefit in naming them here as you are the one to write complaint letters detailing your experience and others may never see/hear of them again. But yes, get that off your chest, name them without fear.

P.S. you said that you'd noticed noone at the UKBA knows what they're doing and unfortunately in most cases this is so, save for a few senior caseworkers who invest time in reading the law rather than acting on hearsay.