Ec Treaty Rights for schengen countries

[ca.funke]

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...

Dear Humanity,

I was only(!) referring to docteurbenway´s >>more qualified<< feedback, not his >>fairy-tale<<.

The fact is, OP is not blacklisted. Simple as that.

This depends on the facts and what the OP plans to do. As I said before: It´d be nice to get qualified feedback on this, which gets increasingly difficult the more crap is posted in any given thread.

I´ll try to give a substantiated answer (but this is not my usual field of expertise):

If the OP plans to live in "any" EU-country, based on his EU-child which lives in a different EU-country, then this will not be possible.

2004/38/EC does not apply, since

• the minor is not dependent on the father
• the mother isn´t married to the father
• the mother doesn´t seem to be very interested to get married AND
• the father intends to live in a different country than his child.

Don´t blame me: I don´t make the rules here, I just try to help to understand them.

[searching]

thanks for ur comments and i dont mind a bit of humor no effence taken at all.in normal circumstances i would have been ore understanding but its just that a dark cloud is on top of me

anyways my name is on the baby's birth certificate that gives me parental rights and makes me a family member of an EU citizen and that is true she is a British citizen living in UK. would that be possible if the mother can visit France and than i can apply for a visit visa so we can all be together even for a month or so...than i can apply for the residency in that way my daughter will be in a different EU state...

[Humanity]

thanks for ur comments and i dont mind a bit of humor no effence taken at all.in normal circumstances i would have been ore understanding but its just that a dark cloud is on top of me

anyways my name is on the baby's birth certificate that gives me parental rights and makes me a family member of an EU citizen and that is true she is a British citizen living in UK. would that be possible if the mother can visit France and than i can apply for a visit visa so we can all be together even for a month or so...than i can apply for the residency in that way my daughter will be in a different EU state...

Your wife needs to be travelling with you to apply for a short stay Visa as such under the EU treaty . You can all easily apply for this Visa from your Country, so long you travelling as partner of an EU citizen. If she decides to stay longer in France and exercise her EU treaty right under ' Directive 2004/38/EC' (she needs to be working /studying/self sufficient) , then you can apply to enter UK as an EU family member by applying for a Family Permit . That's if they( Governmental bodies) all implement the rule as it meant to .

[fysicus]

what is 2004/38/ec

Please do read my earlier posts in this thread, where I summarised the essentials.

From your story I have the impression that your wife and/or daughter have no intention to go to live in another EU country than the UK. Therefore Directive 2004/38 does not apply in your case, and you have to find other ways to live in Europe which you want so desperately.

[searching]

she wont mind going to France specially when its all paid for but how long does she has to stay in France. if she comes to france for lets say 2 weeks and i apply for a french visit visa and than apply for residency once i m in france. she will be self sufficient...

[Humanity]

she wont mind going to France specially when its all paid for but how long does she has to stay in France. if she comes to france for lets say 2 weeks and i apply for a french visit visa and than apply for residency once i m in france. she will be self sufficient...

All your theories won't work, till you satisfy the basic rules that meets the law for you to qualify under the Directive.

Take the time to read through this guy's post, he was in 'similar' not exact situation. He overcame it.

http://www.immigrationboards.com/profil ... le&u=30403

Take time to read through the post to understand the fundamentals that need to be met under the directive . Also read through '"fysicus' posts . This will enlighten you more.

Your wife need to travel with you to get a short stay visa (no time requirement) But to exercise the treaty she needs more than 'just 2weeks stay. She needs least 3months stay...and will have to work/study/or self sufficient.

Read through the Act. http://www.legislation.gov.uk/uksi/2006 ... tents/made

[docteurbenway]

In order for us to help you, you need to understand that the Directive does not grant automatic rights to all family members of all EU citizens under all circumstances.

In order for the Directive to apply to you, you need to be married or have been in a long lasting durable relationship with the mother of the child, which should be an EU citizen this has to be proven to the authorities.

The mother of the child should also be living and working or studying in another EU state that is not that of her nationality. Your daughter should be dependent on you, while she is living in that EU state.

Short term visits are not a ground for granting a residence permit, it has to be months.

As far as i understand none of this applies to your case.

Only then can the directive apply, this has to be supported by paperwork and physical evidence that you have enough money and are able to cover all monetary expenses without resorting to benefits. Language requirements is also a plus.

How come you have been in the UK for 9 years and have not thought of applying for residency there, or naturalization for that matter?

[Kitty]

searching, in your thread about your appeal, sushdmehta directed you to the visa provisions for people exercising a right of access to a child resident in the UK.

Normally, a person who has previously been refused under 320(7A) (as you have) would be refused subsequently under 320(7B) (for having "used deception in a previous application").

However, the effect of 320(7B) is modified by 320(7C) so that it does not apply to people applying in the access to a child category.

If you do not have a contact order, you will need your wife's co-operation to get this visa because she will have to provide an affidavit describing in detail what contact you will have with your daughter.

Apologies if this has been dealt with elsewhere and I have missed it.

[SRAQAI]

she wont mind going to France specially when its all paid for but how long does she has to stay in France. if she comes to france for lets say 2 weeks and i apply for a french visit visa and than apply for residency once i m in france. she will be self sufficient...

All your theories won't work, till you satisfy the basic rules that meets the law for you to qualify under the Directive.

Take the time to read through this guy's post, he was in 'similar' not exact situation. He overcame it.

http://www.immigrationboards.com/profil ... le&u=30403

Take time to read through the post to understand the fundamentals that need to be met under the directive . Also read through '"fysicus' posts . This will enlighten you more.

Your wife need to travel with you to get a short stay visa (no time requirement) But to exercise the treaty she needs more than 'just 2weeks stay. She needs least 3months stay...and will have to work/study/or self sufficient.

Read through the Act. http://www.legislation.gov.uk/uksi/2006 ... tents/made

Does the OP want to go back to the UK, under Surinder Singh, eventually? I know he didnt say that, but I am wondering.


If he does, then she needs to be working in France for a minimum 6 months or be self employed, before he has the legal right, under EU Law, to join the mother and daughter back in the UK.

[searching]

@ KITTY
hey back than she was not cooperative now she is but how can she get this affidavit..does she has to go to court for this..she wont go to court but she is willing to help me in any other way.so is there a way she can give me the affidavit without going to court becaz if i can get that than its straight to uk

[searching]

i dont have a contact order...she is willing to give me full contact aswell

[EU_lawyer]

i dont have a contact order...she is willing to give me full contact aswell

Firstly, I would suggest that you get the child's mother to make a written statement (preferably before a solicitor or commissioner for oaths) that you are maintaining contact with the child. Ideally you would enter into a parental agreement, so it's all formalised.

Secondly, you may have two options open to you. However, these are suggestions only and I saying them without knowing your full case history and having the papers in front of me. One option is to apply under the UK immigration rules to be permitted leave to enter and remain in order to exercise a right of access to a child. The second option would be to apply under the Chen rules (after the CJEU's ruling in Chen). However, in both cases you'd need to prove that you have sufficient resources as you would not be able to work in the UK.

I suggest that you contact Your Europe Advice for further assistance: http://ec.europa.eu/citizensrights/fron ... dex_en.htm

[Greenie]

i dont have a contact order...she is willing to give me full contact aswell

Firstly, I would suggest that you get the child's mother to make a written statement (preferably before a solicitor or commissioner for oaths) that you are maintaining contact with the child. Ideally you would enter into a parental agreement, so it's all formalised.

Secondly, you may have two options open to you. However, these are suggestions only and I saying them without knowing your full case history and having the papers in front of me. One option is to apply under the UK immigration rules to be permitted leave to enter and remain in order to exercise a right of access to a child. The second option would be to apply under the Chen rules (after the CJEU's ruling in Chen). However, in both cases you'd need to prove that you have sufficient resources as you would not be able to work in the UK.

I suggest that you contact Your Europe Advice for further assistance: http://ec.europa.eu/citizensrights/fron ... dex_en.htm

EU lawyer-why do you believe that the op will not be able to work in the UK if he is granted an access to a child visa? Work is permitted in this category.

[searching]

any one knows the process how to get a statement for access to the child through the solicitor or the comm of oaths

[Kitty]

searching, your wife needs to make a written statement and then swear (or affirm) that it is true in front of a solicitor or other "commissioner for oaths".

In the circumstances it would probably be advisable for her to have some help in drafting the statement to make sure it contains all the necessary information and is in the right format etc.

First step is for her to contact a solicitor: ideally one with relevant immigration law expertise. She could also try the local Citizens Advice Bureau.

She should explain the circumstances (i.e. that the father of her child is applying for an access to a child visa and that she needs to make a detailed statement to support the application). When the statement is prepared her advisor should make arrangements for it to be sworn in front of an independent solicitor.