THIS IS AN EMERGENCY, I NEED HELP AND ADVISE GOING TO THE UK

Richard66 · Post by **Richard66** » Tue Nov 04, 2008 2:59 pm

I do not seem able to get this link to work. Do you confirm it?

http://eur-lex.europa.eu/LexUriServ/Lex ... 27:EN:HTML

Post by **John** » Tue Nov 04, 2008 3:18 pm

Richard, the link works OK here.

Richard66 · Post by **Richard66** » Tue Nov 04, 2008 5:04 pm

The link not working.. It must be some Italian problem then: I have tried two computers and no luck. I shall try later from a third one.

charles4u · Post by **charles4u** » Tue Nov 04, 2008 5:36 pm

Sure Richard I comfirmed it and works and that was where I copied the sayings from abt the family thing and its on number 52 on the page.

Anything new, I am staying back and am not going guys..thx all

Richard66 · Post by **Richard66** » Tue Nov 04, 2008 6:21 pm

It works! I like this paragraph:

76 Those governments further submit that that interpretation of Directive 2004/38 would lead to unjustified reverse discrimination, in so far as nationals of the host Member State who have never exercised their right of freedom of movement would not derive rights of entry and residence from Community law for their family members who are nationals of non-member countries.

It seems to quash the UK's policy concerning family members of UK citizens who have not exercised treaty rights. Or maybe I am missing something?

charles4u · Post by **charles4u** » Tue Nov 04, 2008 7:09 pm

yes Richard I didnt even notice that paragraph, It is exactly what u wrote or think that any EU country who dont follow the law by allow right of free movement (visa-free) for family members of an EU then their family members also wont get the right from the law (free movement for family member meaning visa will be required).

Atleast this is a fair justice but thats if this really happens and we can all see from the embassies sites from UK saying if having family card then now visa needed but this same country's family members need visa to go to the UK.

1971 · Post by **1971** » Wed Nov 05, 2008 2:57 pm

Hi Charles4u,

Quite sorry about your case.At least you be Naijaman wey don stay in Europe for sometime. Abegmbros, go and reapply appropriately and get the refusal letter from the Uk Embassy in Romania so as to know the required documents. I am a very proud naijaman living here in the UK and all I know is that wherever you wanna come if from, once there's no Entry Clearance stamp or you meeting the UK entry requirements, you will not be allowed in even if the airline takes the risks of allowing you board.

Honestly,my brother, no waste your useful time and resources as it will be so embarrassing and stressful trying what cannot be resultful. You should also know that there are some Immigration Officers on this forum who have advised you and you have ignored their positively intended advise on this forum. Please, make we no deceive ourself UK Border and immigration no be "Mumu"(fools.)They have the rules and will go the extra mile to send you back if you dont have the right the come in. Even if your wife is EEA member country,it doesnt automatically allow you to come and live here.You must meet their requirements as required just the same way every other law abiding citizens of the UK,EU and Non-EU meets them.

My last advice is that you should exercise some patience,request fro the ECO decision from the UK Embaasy so as to know why you were refused and make proper documentation of their requirements. Some of us have been refused in the past because of one document or the other, but we have to give them the required documents and we are here today contributing to the UK economy positively. I believe you should take your time to think through it and do what is right rather than stepping out and meeting the waterloo at Luton or anywhere you want to come in through.To be forewarned is to be fore harmed. Life is short, so take it easy and dont take a non-calculated risks since you know its a 0.01% success to 99.99% failure. I wish you well.

Cheers.
1971.

Richard66 · Post by **Richard66** » Wed Nov 05, 2008 3:50 pm

Even if your wife is EEA member country,it doesnt automatically allow you to come and live here.You must meet their requirements as required just the same way every other law abiding citizens of the UK,EU and Non-EU meets them.

This is not fact: entry for EEA family members accompanying or joining the EEA citizen is automatic (for 3 months at least) if in possession of the residence card for family members. If the UK chooses to bend the rules this is another thing, but this is definitively not what is provided for in the Directive.

Maybe if I repeat this enough some immigration officer or another will blink.

charles4u · Post by **charles4u** » Wed Nov 05, 2008 4:36 pm

Richard what can we do ...its just 2% against 98% and they all agreed to what the UK is doing by going against the law which says family member can accompany or join there spouse within the EU and SCHENGEN countries.

He didnt mean harm I guess by saying even if my wife is an EEA national still doesnt give me the automatic right of entrance but I guess he didnt just know much or whats being said in the EU directive that family members can accompany of join there spouses within the EU and SCHENGEN countries, even Switzerland thats not a member of either of this 2 is allowing family members to go with there spouse with this type of family permit.

Anyway I am not going to the UK, as few of u know she is pregnant and I cant wait for another 4-5 months for there apeal...She will cancel all both her sch and work contract and we will make our plans and find a solution cus she cant stay there while I stay here waiting for there stupid apeal that might still turn out negative after-all they are built-up with the same mentality.

Congrats to Obama and I hope some little different for human rights are done (Blacks).

berkshire1987 · Post by **berkshire1987** » Wed Nov 05, 2008 5:06 pm

Anyway I am not going to the UK, as few of u know she is pregnant and I cant wait for another 4-5 months for there apeal...She will cancel all both her sch and work contract and we will make our plans and find a solution cus she cant stay there while I stay here waiting for there stupid apeal that might still turn out negative after-all they are built-up with the same mentality.

Congrats to Obama and I hope some little different for human rights are done (Blacks).

A few of your posts have come accross with a bit of animosity. That all Brits have the same mentality etc etc. Whatever, your application was refused.....deal with it as to why it was refused.

The visa officer was not satisfied. Now deal with your appeal properly, if you can prove he is wrong then please do so in the correct way. Don't assume it is just because you are Nigerian or whatever it is you are thinking.

Yes well done to Obama but it wasn't just black people that got his vote!!

charles4u · Post by **charles4u** » Wed Nov 05, 2008 6:12 pm

Ok friend I understand your point and maybe am wrong with the word british stuff...

You said I should deal with it ok, but in what way? the apeal that will take months in which we dont know or u have an option for us Cus am sure u read there and know my wifes condition. What other reasons can I prove or say.

I gave the embassy all the documents we have and requested for an interview in my application but they didnt even interview me to hear me out. They made the decisions base on facts that are not genuining e.g the phone calls from UK doesnt have clients name (which was the phone company's fault), The phone calls from Romania shows another clients name (which was her employer)... words cant change anything at the moment execpt to face things the way they are.

And for Obama I didnt say either it was just the blacks that voted, I only said he should make a difference (changes) for human right and I guess people realised its time for a change after-all bush the white man didnt do anything except to make bombs,tanks and at the end of it all create financial problems for America.

brownbonno · Post by **brownbonno** » Wed Nov 05, 2008 6:17 pm

Charles,
Do you ever check your PMs.I feel ur pains but taken am easy.Less word make u face watin carry u come here.
Cheers

berkshire1987 · Post by **berkshire1987** » Wed Nov 05, 2008 6:23 pm

charles4u wrote:Ok friend I understand your point and maybe am wrong with the word british stuff...

You said I should deal with it ok, but in what way? the apeal that will take months in which we dont know or u have an option for us Cus am sure u read there and know my wifes condition. What other reasons can I prove or say.

I gave the embassy all the documents we have and requested for an interview in my application but they didnt even interview me to hear me out. They made the decisions base on facts that are not genuining e.g the phone calls from UK doesnt have clients name (which was the phone company's fault), The phone calls from Romania shows another clients name (which was her employer)... words cant change anything at the moment execpt to face things the way they are.

And for Obama I didnt say either it was just the blacks that voted, I only said he should make a difference (changes) for human right and I guess people realised its time for a change after-all bush the white man didnt do anything except to make bombs,tanks and at the end of it all create financial problems for America.

Ok if they are not genuine then that will hopefully show in your appeal. All you can really do is wait for the outcome. With all due respect, and don't take this the wrong way, but forget how it and things would be done in Nigeria because you are in Europe now. If you don't wait and relax a bit then you will wind yourself up more and will come accross in the wrong way to people. All you can do is ensure you and your wife remain calm for her benefit more so.

I wish you luck in your appeal. It is a good start that you have adhered to the advice of people on this board regarding flying to the UK this Friday.

berkshire1987 · Post by **berkshire1987** » Wed Nov 05, 2008 6:32 pm

charles4u wrote:Ok friend I understand your point and maybe am wrong with the word british stuff...

You said I should deal with it ok, but in what way? the apeal that will take months in which we dont know or u have an option for us Cus am sure u read there and know my wifes condition. What other reasons can I prove or say.

I gave the embassy all the documents we have and requested for an interview in my application but they didnt even interview me to hear me out. They made the decisions base on facts that are not genuining e.g the phone calls from UK doesnt have clients name (which was the phone company's fault), The phone calls from Romania shows another clients name (which was her employer)... words cant change anything at the moment execpt to face things the way they are.

And for Obama I didnt say either it was just the blacks that voted, I only said he should make a difference (changes) for human right and I guess people realised its time for a change after-all bush the white man didnt do anything except to make bombs,tanks and at the end of it all create financial problems for America.

Ok if they are not genuine then that will hopefully show in your appeal. All you can really do is wait for the outcome. With all due respect, and don't take this the wrong way, but forget how it and things would be done in Nigeria because you are in Europe now. If you don't wait and relax a bit then you will wind yourself up more and will come accross in the wrong way to people. All you can do is ensure you and your wife remain calm for her benefit more so.

I wish you luck in your appeal. It is a good start that you have adhered to the advice of people on this board regarding flying to the UK this Friday.

P.S The sentence regarding Obama was me saying that both Black and White people voted for the fellow. As you initially said you hope something different for Human Rights (blacks) is done. The very fact he is there today shows a lot.

charles4u · Post by **charles4u** » Wed Nov 05, 2008 9:41 pm

Omo thank u jare brownbonno and I will take note of that and its true what you said...thx alot ..

I understand u berkshire1987 and thx for ur advise and words..all the best for everybody with such case or problems ...

Richard66 · Post by **Richard66** » Thu Nov 06, 2008 3:40 pm

What you need to have clear in your mind now, Charles, is that you have in all possibility been included in the UK database as party to a marriage of convenience and, until you clear your name, no matter how many documents you show, you will be denied entry, because you are no longer considered as a family member. Hence the best thing, as you yourself realise, is to keep calm and act methodically.

Lodge an appeal and at the same time let the European Commission know about this, but bear in mind the Commission will prefer you to deal with this in a national (UK) court. Why does you wife not seek legal advice in the UK?

You contacted the Ombudsman, but the Ombudsman's responsibility is only to look into complaints against, for example, the Commission (in case they do not deal with your problem).

As for your wife, she better stay there in the UK. After all, she has a job, does she not? What will she gain by returning? Soon you will have a baby and this baby will change things somewhat and it will make your case a little more genuine in the eyes of the UK. I would say if you do not appeal agains this decision, it will be bad for you, because your name will continue to be mud and, if you want to go to the UK in, say 5 years, you will still be stopped.

I want this to be clear: I make no judgement as to the genuinity of your relationship, but, from what you wrote on the forum, it does look like the Entry Clearance Officer was right.

As I wrote to you, my case looked even shakier than yours and yet we have not been away from each other for more than 12 hours since May 2007 and we are expecting our first child in March.

charles4u · Post by **charles4u** » Thu Nov 06, 2008 5:42 pm

Thank you so much Richard as always. I will take to ur advise and see what I can do to that. Only if we have an idea of how long this apeal and all will take then I will let her stay there and hold...But she herself is too worried and lonely and she doesnt know what to do.

Since they think we want to gain entry to the UK just cus we applied to fast and as u said maybe the entry officer was right ..ok
Then we wanna go stay together in our place of wish atleast those who will believe us and if anything happens which I dont think but incase we want to visit UK after some yrs...they will still be a problem again? I dont even have it in mind like that going to UK ...
I and my wife will finally be settleing in Nigeria after some yrs here in Europe so going there is not a MUST....But as you said I will make an apeal and hopefully just get the EEA in my passport just for them to believe ..I dont need it

The Obusdman have transfered my case to the EU court today as I got a reply from him. So lets see what happens..

Richard66 · Post by **Richard66** » Fri Nov 07, 2008 5:39 pm

The ECJ?

charles4u · Post by **charles4u** » Fri Nov 07, 2008 5:59 pm

Richard66 wrote:The ECJ?

YES!!! according to what he told me, and I think u will get the same thing cus he said he cant handle such cases but he cant transfer it since its a breach of the EU law.

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THIS IS AN EMERGENCY, I NEED HELP AND ADVISE GOING TO THE UK