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zimbabwean married to british

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tocasa
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Posts: 32
Joined: Fri Mar 21, 2008 3:56 pm

zimbabwean married to british

Post by tocasa » Mon Mar 31, 2008 1:55 pm

Hi

This is the first time i have written here, we got married 2 years in the uk. We tried to apply apply for ILR and we were told to apply in my home country. As usual it was denied and we then moved to South Africa as we had been separated for 9 months due to the visa situation.
We then got a visitors visa to Spain and we do not want to be separated any longer, we in Spain now but do not know what we should do first.

Any help will be greatly appreciated
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sakura
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Posts: 1789
Joined: Sun Feb 25, 2007 9:29 pm
Location: UK

Post by sakura » Mon Mar 31, 2008 8:05 pm

Why was the ILR application refused?

What are you doing in Spain? Is there any chance that you can find employment, and apply for a residence card for your wife whilst in Spain?
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Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Mon Mar 31, 2008 10:35 pm

Welcome to Spain!

You and your spouse can live in Spain if you want, though it is important that the UK citizen works. You can also move to any other Schengen country and live and work there. The non-EU spouse can also work.

Key to moving back to the UK eventually is that the UK spouse works (Excercises treaty rights). See http://eumovement.wordpress.com/2007/04 ... ional-law/

Be sure to keep details records of your residences in each EU member state you are in. See http://eumovement.wordpress.com/2007/06 ... -question/
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tocasa
Newbie
Posts: 32
Joined: Fri Mar 21, 2008 3:56 pm

Post by tocasa » Tue Apr 01, 2008 7:18 am

hi
Reason for refusal was that my wife was not working at time but she had a job contract, we also had accommodation provided by her parents which was our own 3 bedroom flat, we had also just sold our van and had an additional £4000 in our savings.
How do we go about claiming these treaty rights


Any help will be greatly appreciated
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Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Tue Apr 01, 2008 7:29 am

Your wifes previous refusal under UK law is past history.

You need to get a job in Spain (or any other member state). Your wife then needs to apply for a Residence Card.

Read about Directive 2004/38/EC at http://eumovement.wordpress.com/directive-200438ec/
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tocasa
Newbie
Posts: 32
Joined: Fri Mar 21, 2008 3:56 pm

Post by tocasa » Tue Apr 01, 2008 8:12 am

Hi
Thank you for all your help, just one more question upon application of let say a job what do I produce to show I am eligible to work. and do I forget about my visa expiring, or do i have to try and get an extension.

Once again your help is and will be greatly appreciated
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Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Tue Apr 01, 2008 9:15 am

Let me try to restate more clearly.

EU citizen must get a job, especially if you want to move back to the UK evenutally. The non-EU citizen must get a Residence Card, and can also work.
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