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Ec Treaty Rights for schengen countries

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

searching
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Ec Treaty Rights for schengen countries

Post by searching » Mon Apr 23, 2012 3:27 pm

hi
my nationality : Pakistani
applying for : France or Spain
daughter : British nationality 8 years of age living in uk with her mother.
achieve : permanent residence

below is the brief summary


MY QUESTION is that i am planning to be close to my daughter but not in UK. my name is on my daughters birth certificate and the baby's mother has promised that my daughter can visit me on weekly basis or every fourth nightly..i am planning to apply for any country in Europe e.g France or Spain.what are my treaty rights and what is the proper way of applying for it. what documents are required from my side and the baby's mothers side.our relation ship has ended and we have become good friends.we were not married. my daughter was outside wedlock.

I wanna apply for a resident visa where i can work and see my daughter regularly
Please dont be offended by my long post its just that after 3 years of waiting and appeals i can see a ray of hope for me n my daughter so please do advice me...i dont know nothing abt the eu treaty ...
Last edited by searching on Mon Apr 23, 2012 3:56 pm, edited 1 time in total.

ca.funke
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Re: PLEASE HELP

Post by ca.funke » Mon Apr 23, 2012 3:43 pm

Hi searching,

I didn´t even read your post, but considering your thread-title "PLEASE HELP" I recommend reading >>the Netiquette<< first, and then change your question accordingly.

Rgds,
Christian

searching
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Posts: 73
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Post by searching » Mon Apr 23, 2012 3:56 pm

i hope its ok now

ca.funke
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Post by ca.funke » Mon Apr 23, 2012 4:08 pm

Hi searching,

I don´t know the answer, but I guess you just greatly increased your chances on getting a proper answer soon!

Rgds + good luck,
Christian

fysicus
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Post by fysicus » Mon Apr 23, 2012 4:26 pm

I'm sorry but I don't see how this can work. You need to live in the same country as your daughter to have any hope that Directive 2004/38 can apply.

searching
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Posts: 73
Joined: Sat Apr 24, 2010 8:19 pm

Post by searching » Mon Apr 23, 2012 4:51 pm

i have tried and tried for over 3 years to come to UK and lost every appeal and now what i have read is that i am the non EU family member of an EU citizen residing in UK. she is only 8 years. so if she can visit me in France on every weekend wont that allow me to have residence permit of France or any other EU state.
In that way i can be in contact with my daughter aswell.
seniors kindly guide me through this process and the requirements please

docteurbenway
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Post by docteurbenway » Mon Apr 23, 2012 11:20 pm

All you have to do is go to the French or the Spanish embassy, there you should see a man wearing a uniform.

You need to ask this man for directions and a map to find a hidden cave of wonders. Inside a cave there is a well. Climb down the well, you will see a passage.

Walk down the passage you will find a chest filled with jewels, atop the chest sits a magic lamp. Rub the lamp and a genie will appear. The genie will grant you 3 wishes.

Wish for a flying carpet, a unicorn and a permanent residence. That should do it.

Good luck.

Humanity
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Post by Humanity » Mon Apr 23, 2012 11:39 pm

docteurbenway wrote:All you have to do is go to the French or the Spanish embassy, there you should see a man wearing a uniform.

You need to ask this man for directions and a map to find a hidden cave of wonders. Inside a cave there is a well. Climb down the well, you will see a passage.

Walk down the passage you will find a chest filled with jewels, atop the chest sits a magic lamp. Rub the lamp and a genie will appear. The genie will grant you 3 wishes.

Wish for a flying carpet, a unicorn and a permanent residence. That should do it.

Good luck.


What happened to EMPATHY?

searching
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Post by searching » Tue Apr 24, 2012 4:17 am

ohh its that simple...
thanks for cheering me up lol..
but is there any other way like going on a plane with a valid visa

presido007
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Post by presido007 » Tue Apr 24, 2012 7:05 am

docteurbenway wrote:All you have to do is go to the French or the Spanish embassy, there you should see a man wearing a uniform.

You need to ask this man for directions and a map to find a hidden cave of wonders. Inside a cave there is a well. Climb down the well, you will see a passage.

Walk down the passage you will find a chest filled with jewels, atop the chest sits a magic lamp. Rub the lamp and a genie will appear. The genie will grant you 3 wishes.

Wish for a flying carpet, a unicorn and a permanent residence. That should do it.

Good luck.
if you dont know the answer to his question, I think the proper thing to do is walk away. you need to show some sense of reasoning on this forum.

I think you should take your fairy tale to the moon, I believe people come to this forum to seek advice and help not to be ridiculed.

I think the moderator should not allow this to continue, hence this forum will be filled with unserious minds.

This guy only need help.

Mrfantastic
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Post by Mrfantastic » Tue Apr 24, 2012 7:55 am

presido007 wrote:
docteurbenway wrote:All you have to do is go to the French or the Spanish embassy, there you should see a man wearing a uniform.

You need to ask this man for directions and a map to find a hidden cave of wonders. Inside a cave there is a well. Climb down the well, you will see a passage.

Walk down the passage you will find a chest filled with jewels, atop the chest sits a magic lamp. Rub the lamp and a genie will appear. The genie will grant you 3 wishes.

Wish for a flying carpet, a unicorn and a permanent residence. That should do it.

Good luck.
if you dont know the answer to his question, I think the proper thing to do is walk away. you need to show some sense of reasoning on this forum.

I think you should take your fairy tale to the moon, I believe people come to this forum to seek advice and help not to be ridiculed.

I think the moderator should not allow this to continue, hence this forum will be filled with unserious minds.

This guy only need help.

absolutely, i cant help but wonder what's going on in some people's mind, as far as i'm concerned people come on this forum to seek advice and not to read some kind of fairy tales or what ever u want to call it.

Mrfantastic
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Location: LONDON UNITED KINGDOM

Post by Mrfantastic » Tue Apr 24, 2012 7:57 am

searching wrote:i have tried and tried for over 3 years to come to UK and lost every appeal and now what i have read is that i am the non EU family member of an EU citizen residing in UK. she is only 8 years. so if she can visit me in France on every weekend wont that allow me to have residence permit of France or any other EU state.
In that way i can be in contact with my daughter aswell.
seniors kindly guide me through this process and the requirements please
I'm sure some gurus will give you some advice and insight

Mrfantastic
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Posts: 28
Joined: Thu Jan 13, 2011 7:13 am
Location: LONDON UNITED KINGDOM

Post by Mrfantastic » Tue Apr 24, 2012 7:59 am

docteurbenway wrote:All you have to do is go to the French or the Spanish embassy, there you should see a man wearing a uniform.

You need to ask this man for directions and a map to find a hidden cave of wonders. Inside a cave there is a well. Climb down the well, you will see a passage.

Walk down the passage you will find a chest filled with jewels, atop the chest sits a magic lamp. Rub the lamp and a genie will appear. The genie will grant you 3 wishes.

Wish for a flying carpet, a unicorn and a permanent residence. That should do it.

Good luck.
is this some kind of a joke? can u please respect people's post?

searching
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Post by searching » Tue Apr 24, 2012 10:35 am

thanks for your support i was beginning to think that this form has lost its sensibility...but i think i should not make judgement over few ppl comments....so any advice please would be highly appreciated

Jambo
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Post by Jambo » Tue Apr 24, 2012 10:40 am

You can't enjoy the EU free movement directive if you don't live in the same country as your daughter but they are other ways to immigrate to a country. You might want to look at options of studying in Spain or France and to move there on a student visa.

fysicus
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Location: England
Netherlands

Post by fysicus » Tue Apr 24, 2012 11:00 am

searching wrote:i have tried and tried for over 3 years to come to UK and lost every appeal and now what i have read is that i am the non EU family member of an EU citizen residing in UK. she is only 8 years. so if she can visit me in France on every weekend wont that allow me to have residence permit of France or any other EU state.
In that way i can be in contact with my daughter aswell.
seniors kindly guide me through this process and the requirements please
I understand your situation but unfortunately for you European law doesn't apply in your case.

The essence of directive 2004/38 is the following: if an EU-national lives in another EU-country (of which they are not a national), then (under some conditions) some family members can derive a right of residence in that country as well. If the EU-national later returns to his/her country of origin, these family members can also get a right of residence there.

However, your daughter is a British national living in UK (and has lived there all her life I assume), so that's end of story as far as directive 2004/38 is concerned.

docteurbenway
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Post by docteurbenway » Tue Apr 24, 2012 11:15 am

Since you have lost many appeals that means you have been deported from the UK for breaching immigration laws. As such you are probably blacklisted in the EU making it nearly impossible to get a visa.

Why were you deported?

Also you can not just live and work in the EU without a reason and without knowledge of the local language in the country of your choice. What is your reasoning?

You were never married thus family ties to mother of child are hard to prove and since your child is a minor she will not be able to help you under Directive or national law until she is atleast 18.
Last edited by docteurbenway on Tue Apr 24, 2012 11:20 am, edited 1 time in total.

Humanity
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Post by Humanity » Tue Apr 24, 2012 11:20 am

docteurbenway wrote:Since you have lost many appeals that means you have been deported from the UK for breaching immigration laws. As such you are probably blacklisted in the EU making it nearly impossible to get a visa.

Why were you deported?
Completely disregard this statement. It's utterly false. Every bit.

Humanity
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Re: Ec Treaty Rights for schengen countries

Post by Humanity » Tue Apr 24, 2012 11:22 am

searching wrote:hi
my nationality : Pakistani
applying for : France or Spain
daughter : British nationality 8 years of age living in uk with her mother.
achieve : permanent residence

below is the brief summary


MY QUESTION is that i am planning to be close to my daughter but not in UK. my name is on my daughters birth certificate and the baby's mother has promised that my daughter can visit me on weekly basis or every fourth nightly..i am planning to apply for any country in Europe e.g France or Spain.what are my treaty rights and what is the proper way of applying for it. what documents are required from my side and the baby's mothers side.our relation ship has ended and we have become good friends.we were not married. my daughter was outside wedlock.

I wanna apply for a resident visa where i can work and see my daughter regularly
Please dont be offended by my long post its just that after 3 years of waiting and appeals i can see a ray of hope for me n my daughter so please do advice me...i dont know nothing abt the eu treaty ...

Are you still in a relationship with your wife? If she is willing to live UK for few months to reside in another EU state, getting a visa under the Directive should be relatively easy.

ca.funke
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Location: Zürich, CH (Schengen)
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Post by ca.funke » Tue Apr 24, 2012 12:04 pm

Humanity wrote:
docteurbenway wrote:Since you have lost many appeals that means you have been deported from the UK for breaching immigration laws. As such you are probably blacklisted in the EU making it nearly impossible to get a visa.

Why were you deported?
Completely disregard this statement. It's utterly false. Every bit.
Dear "Humanity",

while docteurbenway´s contribution is (IMHO) factually not correct, I suggest you never write "whoever´s post is not correct", but always aditionally give the facts as to why you think so.

Otherwise we will end up having a collection of "I think it´s like that"-posts, which won´t help anyone to really pursue any matter.

For me, the reason why "searching" might still be able to get a visa, in spite of being blacklisted/deported/whatever, is the fact that 2004/38/EC might apply.

If 2004/38/EC applies, he will be able to get a visa, if 2004/38/EC doesn´t apply he probably won´t get a visa.

So the question comes back to "does 2004/38/EC apply?" - the answer of which I do not know.

I usually prefer to post more substantiated stuff, while here I´m just trying to get this discussion back to a more productive and friendly track.

Rgds, Christian

searching
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Posts: 73
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Post by searching » Tue Apr 24, 2012 12:25 pm

Thanks for all your input.
I was never deported.i lived in uk for 9 and a half years.than came back in time (with in 28 days). than applied for a family visit and forgot to mention my driving offence.it went through few appeals and they rejected me under 320 7a, saying i have tried to lie to them but infact it did slip my mind.i was under allot of pressure that wont be able to see my daughter again.and that was the thing i was trying to defend (320 7a).

searching
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Posts: 73
Joined: Sat Apr 24, 2010 8:19 pm

Post by searching » Tue Apr 24, 2012 12:40 pm

For me, the reason why "searching" might still be able to get a visa, in spite of being blacklisted/deported/whatever, is the fact that 2004/38/EC might apply.

what is 2004/38/ec

ca.funke
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Post by ca.funke » Tue Apr 24, 2012 12:43 pm

searching wrote:what is 2004/38/ec
That´s the >>European Law<< allowing EU-citizens and their family members to move freely throughout the EU.

You will find all details around it in the forum. (>>search<<)

As per previous post: If 2004/38/EC applies to you, you´re good. Otherwise you won´t be allowed in. And (unfortunately) I really do not know the answer.

Humanity
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Post by Humanity » Tue Apr 24, 2012 1:23 pm

ca.funke wrote:
Humanity wrote:
docteurbenway wrote:Since you have lost many appeals that means you have been deported from the UK for breaching immigration laws. As such you are probably blacklisted in the EU making it nearly impossible to get a visa.

Why were you deported?
Completely disregard this statement. It's utterly false. Every bit.
Dear "Humanity",

while docteurbenway´s contribution is (IMHO) factually not correct, I suggest you never write "whoever´s post is not correct", but always aditionally give the facts as to why you think so.

Otherwise we will end up having a collection of "I think it´s like that"-posts, which won´t help anyone to really pursue any matter.

For me, the reason why "searching" might still be able to get a visa, in spite of being blacklisted/deported/whatever, is the fact that 2004/38/EC might apply.

If 2004/38/EC applies, he will be able to get a visa, if 2004/38/EC doesn´t apply he probably won´t get a visa.

So the question comes back to "does 2004/38/EC apply?" - the answer of which I do not know.

I usually prefer to post more substantiated stuff, while here I´m just trying to get this discussion back to a more productive and friendly track.

Rgds, Christian
Don't agree with your view but you entitled to it. Right from the on set you could tell 'docteurbenway' intention was Not to give any credible insight but to ridicule the 'OP' or make a mockery of him. Do I need to advise the OP on how to meet' Genie' too as 'docteurbenway' suggested?

He made a bunch of stories to alleviate the OP's fear/anxiety. I won't sugarcoat that. The fact is, OP is not blacklisted. Simple as that.

docteurbenway
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Post by docteurbenway » Tue Apr 24, 2012 1:50 pm

Dear forum members, on my part i would like to apologise to the OP and others who have been offended by my comments.

I would like to state that it was not my intention, it was just to bring a bit of humor into the discussion.

I wish the OP best of luck in his search.

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