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European Immigration Directives For European Citizens and Their Families

Discussion in 'Europe Wide Visa Discussions' started by KeithAngel, Sep 25, 2013.

  1. KeithAngel
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    KeithAngel 2063 Lifetime Member

    My intention here is to provide the framework from which applications under European Law which may be of help to both E.U. Citizens (wishing to live anywhere in Europe)and also the current exceptions that allow a British Citizen to be treated as a general E.U. Citizen on returning to the UK with their non EEA Family.

    Hopefully this will turn into a sticky so perhaps as I build the thread questions and comments can be in a secondary thread:like:

    Admin is it possible to lock this but give me access to continue?
    Last edited: Sep 25, 2013
  2. KeithAngel
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    KeithAngel 2063 Lifetime Member

    Directive/2004/38/EC

    (5) The right of all Union citizens to move and re
    side freely within the territory of the Member
    States should, if it is to be exercised under
    objective conditions of freedom and dignity, be
    also granted to their family members, irrespec
    tive of nationality. For the purposes of this
    Directive, the definition of "family member" s
    hould also include the regi
    stered partner if the
    legislation of the host Member State treats regi
    stered partnership as eq
    uivalent to marriage.

    The Directive can be seen here complete

    http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/ecis/annexb.pdf?view=Binary
  3. KeithAngel
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    KeithAngel 2063 Lifetime Member

    I typed this no cut and paste here lol

    From this Directive particularly number 5

    Any E.U. Citizen has the right to move to any other E.U. state and be accompanied/joined by his/her family.

    Family here means Spouse
    Any children of either or both partners under 21
    Dependant Parents of either
    Registered same sex partners (Only in states that recognise these relationships

    To do this any non E.U. Passport holders should apply for entry clearance to the nearest Embassy of the E.U. Country they wish to travel to.

    They need to provide Only a valid ID document (passport)
    A copy of their E.U. spouse passport.
    A Marriage Certificate
    and for Children /Dependant Parents Passports and Birth certificates

    No other information is required beyond travel dates/tickets

    No financial or as to the intention of entry may be asked for

    In the UK this type of application is called an EEA Family Permit and is valid for 6 months for entry.

    European law says that all such applications for entry clearance should be issued as a matter of urgency as near to immediatly as possible and at no cost

    In the Shengan Zone it is in fact a shengan visa that is issued it has a validity of 90 days and you need to check what the local countries registration rules are some will require the non eea family members to report to local immigration within 3 days of entry to their territory Portugal is an example.

    During the first 3 months of the EEA Nationals entry there are no conditions to be met as automatic residence is granted after this period the EEA National must be exersizing treaty rights either as a
    Worker
    Self Employed
    Student
    Self sufficient Person

    The last two require comprehensive sickness insurance for the entire family

    You cannot normaly exersize these rights in your Country of Birth how ever having been either a worker or self employed in another state and having lived there as residents with your non EEA Family, they may return to your home state with you as if you were E.U. Citizen entering your country of birth.

    You in this situation do not have to perfom any economic activety apon return and are qualified by you absolute right of abode.

    Your Family must be treated exactly the same way as the E.U.Citizen, can work, pursue study etc

    You may apon such return either apply for an EEA Family Permit or Seek admission at Port by showing your Residence permit ,Marriage certificate and demonstrating your spouse has been a worker or self employed and that you have all been residents living together in the other state
    Last edited: Sep 26, 2013
  4. KeithAngel
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    KeithAngel 2063 Lifetime Member

    And following on from the Singh information just above for Nationals having exersized treaty rights abroad as a worker or self employed is the icing on the cake the Eindt Judgement

    http://www.bailii.org/eu/cases/EUECJ/2007/C29105.html

    This basicly confirms the right to return to your home country with your Spouse with out having to be "economicaly active"

    So in these circumstances you DONT Have to be "qualified within 3 months" or in fact ever as you achieve this by being a National of that country and the rights of your family are derived solely from your activities in another member state in which you all resided

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