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 Post subject: Bringing an FSU Lady to EU with Directive 2004/38/EU is Free
Post Number:#1  PostPosted: 20 Mar 2009 12:34 
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Bringing your FSU Lady to UK under the
EU Directive 2004/38/EU it's Free


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European citizens

European citizens and members of their family can enter, live in and work in the United Kingdom. The information in this section applies to citizens of countries within the European Economic Area (EEA) and Switzerland.

Rights and responsibilities

EEA and Swiss nationals have the right to live and work in the United Kingdom. This is called the right of residence. You will only have the right of residence in the United Kingdom if:

a) You are an EEA or Swiss national; and
b) You are working in the United Kingdom; or
c) You are able to support yourself and your family in the United Kingdom without the help of public funds.

Entering the United Kingdom

When you enter the United Kingdom you will need to show your passport or national identity card. You should use the separate channel marked 'EEA/EU' where it is available. Immigration officers will check your passport or national identity card to make sure that it is valid and belongs to you.
Your family

If you have a right to live the in the United Kingdom, your family may join you. Your family is defined as:

1) Your spouse or civil partner;
2) Children or grandchildren of you, your spouse or your civil partner who are under 21 years of age or who are dependent upon you;
3) The parents or grandparents of you, your spouse or your civil partner. If you are a student, only your spouse, civil partner or dependent children are entitled to a right of residence.

Other relatives, for example extended family members such as brothers, sisters and cousins, do not have an automatic right to live in the United Kingdom. To be considered, the extended family member must be able to demonstrate that they are dependent on you. If you and your partner are not married or in a civil partnership you must be able to show that you are in a durable relationship with each other.

Family members who are not EEA or Swiss nationals

If your family members are not EEA or Swiss nationals and they are coming to live with you permanently or on a long-term basis, they will need to apply for an EEA family permit before coming to the United Kingdom. The EEA family permit is similar to a visa and is issued by UK Visa Services. Your family members should make an application for an EEA family permit at their nearest British diplomatic post.

Employment

You and your family members can:
accept offers of work;
work (whether as an employee or in self-employment);
set up a business;
manage a company; or
set up a local branch of a company.

You will not need to apply for a work permit. Your employer should not discriminate against you because of your nationality in terms of conditions of employment, pay or working conditions.

If you are a national of the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia or Slovenia you will need to register under the Worker Registration Scheme when you take work in the United Kingdom. You should read the Worker Registration Scheme section for details.

If you are a national of Bulgaria or Romania you must not work until we have given you permission. You should read the section for Bulgarian and Romanian nationals for details.

Registration certificates, residence cards
and family member residence stamps

A registration certificate is a document issued to EEA nationals that confirms that person's right of residence under European law. You are not required to have a registration certificate to enter, live or work in the United Kingdom.

Residence cards are issued to non-EEA national family members (family members of EEA nationals who are not themselves EEA nationals). The card confirms that person's right of residence under European law.

Non-EEA national family members of nationals of Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia or Slovenia are not eligible to apply for a residence card until the EEA national has completed 12 months of continuous employment in the United Kingdom. Non-EEA national family members can apply for a family member residence stamp to confirm their right of residence under European law.

For details of how to apply for a registration certificate, residence card or family member residence stamp, you should read the page on applying.

Permanent residence

Once you have lived in the United Kingdom for a continuous period of five years, you are entitled to apply for confirmation of permanent residence. For details of how to apply you should read Applying.

Public funds

You do not have to work while you are living in the United Kingdom. If you do not work you must be able to support yourself without the use of public funds.

Terms explained

European Economic Area

Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Irish Republic, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom. Iceland, Liechtenstein and Norway are not members of the European Union (EU) but citizens of these countries have the same rights to enter, live in and work in the United Kingdom as EU citizens.

Public funds

Public funds are income-related benefits paid by the state. They include income support, income-based job seekers allowance, housing and homelessness assistance, housing and council tax benefit, working families' tax credit, a social fund payment, child benefit and any disability allowance. Benefits paid as a result of contributions, such as the state pension, are not considered to be public funds. Social housing is not considered to be a public fund either. Claiming public funds when you are not eligible is known as benefit fraud and it is a criminal offence.

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 Post subject: Re: Bringing your FSU Lady to the UK under the EU Law is Fre
Post Number:#2  PostPosted: 20 Mar 2009 12:49 
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Applying under European law it's FREE

This page explains how you and your family members can apply for a registration certificate, a residence card, family member residence stamp or confirmation of permanent residence in the United Kingdom if you are a national of the European Economic Area (EEA) or Switzerland.

Registration certificates

A registration certificate is a document issued to EEA nationals that confirms that person's right of residence under European law. You are not required to have a registration certificate to enter, live or work in the United Kingdom.

If you are a national of Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia or Slovenia you are not eligible to apply for a registration certificate until you have completed 12 months of continuous employment in the United Kingdom.

Applications for a registration certificate should be made using application form EEA1. You can download it from the right side of this page.
Residence cards

Family members who come to the United Kingdom with an EEA national but who are not themselves a national of an EEA country can apply for a residence card, with some exceptions (see Family member residence stamp). The card confirms that person's right of residence under European law. Residence cards are normally valid for five years and take the form of an endorsement that is placed in the holder's passport.

Applications for a residence card should be made using application form EEA2. You can download it from the right side of this page.

Family member residence stamp

Residence cards are not immediately available to all family members. Family members who are not themselves nationals of an EEA country and who are in the United Kingdom with a national of Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia or Slovenia are not eligible to apply for a residence card until the national of those countries has been employed continuously in the United Kingdom for 12 months. Until the 12 months is completed, a family member who is not an EEA national can apply for a family member residence stamp to confirm his/her right of residence under European law.

Permanent residence

After you have lived in the United Kingdom for a continuous period of five years you can apply for confirmation of your permanent residence. You will need to have been living in the United Kingdom and in employment, self-employment, studying or self-sufficient throughout the five-year period.

For your residence in the United Kingdom to be considered continuous you should not be absent from the United Kingdom for more than six months each year. Longer absences for compulsory military service will not affect your residence. Additionally, a single absence of a maximum of 12 months for important reasons such as pregnancy, child birth, serious illness, study, vocational training or posting overseas will not affect your residence.

EEA and Swiss nationals will be issued with a document that confirms they are permanent residents in the United Kingdom. This document has no expiry date. Applications by EEA and Swiss nationals should be made using application form EEA3. You can download it from the right side of this page.

Non-EEA nationals will be issued with an endorsement that is placed in the holder's passport. This endorsement is valid for 10 years. Applications from non-EEA nationals should be made using application form EEA4. You can download it from the right side of this page.

Making an application
There is no charge for applications under European law

UPDATE: Most EU countries they now charge... especially the UK.
Please check with the appropriate authority of the country of your residence
.


You should make sure you use the correct application form.

The application forms contain details of all the information that you must supply to support your application. You must send the original documentation with your completed application form.

From 01 September 2008, all completed European application forms should be sent to:

European Applications
Home Office
PO Box 306
Dept 45
Liverpool
L2 0QN

Applications for registration certificates from EEA nationals can be made in person at our public enquiry office in Croydon, but this service is in high demand and appointments are booked up approximately two months in advance. You will need to make an appointment before you visit.

Processing times

The time it takes to process your application will depend on the type of application you make and how you submit it.

From our own experience applying for an Entrance Visa in Moscow under Article 5(2) of the Directive 2004/38/EC took only 24 hours : [biggrin.gif]

but when we applied for the Resident Card in the UK it took....7 months.
[crying.gif].. [angry.gif]


READ ALL THE INFORMATION HERE TO UNDERSTAND THE PROCEDURE

BUT FOR FULL DETAILS GO HERE:

viewtopic.php?p=9048#p9048

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 Post subject: Re: Bringing your FSU Lady to the UK under the EU Law is Fre
Post Number:#3  PostPosted: 11 Apr 2009 18:34 
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That is what happens when you get something for Free and don't have to pay, like some of us....... must wait long time.! [wink.gif]


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 Post subject: Freedom of movement in the EU - Directive 2004/38/EC
Post Number:#4  PostPosted: 22 Apr 2009 06:31 
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Freedom of movement in the EU
Directive 2004/38/EC

To read the Directive in PDF format, click the above link.


European Parliament and Council Directive 2004/38/EC of 29 April 2004 is about the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States

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This new directive, which is available as PDF brings together the piecemeal measures found in the complex body of legislation that has governed this matter to date. The new measures are designed, among other things, to encourage Union citizens to exercise their right to move and reside freely within Member States, to cut back administrative formalities to the bare essentials, to provide a better definition of the status of family members and to limit the scope for refusing entry or terminating the right of residence. Also it broadens the definition of family to also include non-married partners.

What 2004/38/EC means

1: Summary of the key features of Directive 2004/38/EC

2: European Commission summary of Directive 2004/38/EC

3: Right of Union citizens and their family members to move and reside freely within the Union: Guide on how to get the best out of Directive 2004/38/EC from the European Commission. This is a very informative guide which goes point by point through the Directive explaining the intent, implications and limits. Strongly recommended!

So that is the Legal side but EU countries like e.g Spain and Portugal refuse to Implement the Article 5(2) of the Directive.

Here is what the Netherlands say on their London site:

Family members of EU/EEA nationals

Under Directive 2004/38/EC, a family member of an EU/EEA national does not require a Schegen visa for the Netherlands if he/she qualifies as a family member of a Union citizen to whom the provisions of this directive apply. The type of residence permit, the country of residence of the EU/EEA national and the actual details of the trip will determine if a visa is required for the specific trip.

1. Holder of a 'Residence Card of a Family Member of an EEA National',

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accompanied by the EEA national or joining the EEA national (not a Dutch national*) who is moving to or residing in the Netherlands: no visa required. Please note that the residence permit must be endorsed in a valid passport or travel document and that you may be requested by the immigration authorities to provide documentary proof of the relationship (e.g. original birth, marriage or civil partnership certificate) and of the use of the right of free movement of the EEA national (e.g. a registration certificate).

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Furthermore, this only applies when travelling directly to the Netherlands. When travelling to the Netherlands through another country, please check with the appropriate Embassy.

Not accompanied by the EEA national or not travelling to the Netherlands to join the EEA national (not a Dutch national*): visa is required. and Regular Schengen visa procedures apply.

The above rules for holders of a residence card also apply to holders of an EEA family permit issued under the Immigration (EEA) Regulations 2000 (a stamp endorsed in the holder's valid passport).

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2. Family member of an EU/EEA national who holds a different type of residence permit travelling with the EU/EEA national to the Netherlands: visa is required.

When travelling to the Netherlands without the EU/EEA family member, regular Schengen visa procedures apply.

This also applies to spouses/children of British nationals who do not hold a Residence Card as a Family Member of an EEA National.

*Please note that EU nationals who have always lived in the country of their nationality are not exercising EU treaty rights and are therefore not considered Union citizens. Their family members therefore are not covered by the provisions of Directive 2004/38/EC.

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 Post subject: Re: Bringing your FSU Lady to the UK under the EU Law is Fre
Post Number:#5  PostPosted: 10 Nov 2009 17:08 
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Freedom of Movement inside the European Economic Area

EU Parliament and the Directive 2004/38/EU
[good_news.gif]


As you may remember after my wedding with Hanna, we applied for her Entrance Visa to the UK under the EU Directive 2004/39/EU, because I exersised my right under the EU regulations and my wife was granted the Entrance Visa in Moscow. Following teh regulations of the Directive when she arrived in the UK we applied for her Resident Card and she got it on the 12 February this year.

To celebrate our first year wedding anniversary I booked flights to Nice in France for the 14 June 2009 but checking the French Consulate web site I discovered that they requiring her to apply for a Schegen Visa, contrary to EU Directive 2004/39/EU article 5(2).

In an email to the consulate I requested clarification and the reply was the same as in their site, so immediately I wrote to the EU parliament and made a petition against the France. At the same time I send a copy to the Frence Minister for European affairs in Paris and also complained to the SOLVIT office.

Few days later I noticed a new announcement was posted on their site stating specifically that my wife as a holder of a Resident card she is able to travel to France without the need to apply for a Visa. Later in April they send me a letter in reply to my complain........and with that letter we travelled to Nice without any problem.

Today I have received a reply to my petition in the EU Parliament against France which clearly stipulates that any person of a third country and in possesion of a Resident Card can travel anywhere in the EU without a Visa.

What is more important is that gave notice to all member countries. Well I am planning to challenge the Spanish and Portugese about it and see if they implement the EU Directive 2004/39/EU Article 5(2). [biggrin.gif]

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[glad.gif]

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 Post subject: Re: Bringing your FSU Lady to the UK under the EU Law is Free
Post Number:#6  PostPosted: 11 Nov 2009 15:53 
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Julian wrote:
Hi Wiz,

Sorry I haven’t posted in a while but I do visit regular to keep up to date, after reading your post and in simple terms do I understand the situation correctly, you as a citizen of the EU can without any expense bring your Russian wife here on a residency permit which is free !!! but I as a UK citizen must pay for a settlement visa for my Russian wife to live here ( currently she has a visitors visa) and that’s if the powers that be, decide they will grant a visa !!.

I had considered living in Austria, their Embassy was very welcoming and said no problem for me and my wife to live there, no visa's required, but my own country where I give them a large slice of my earnings each year make our life as awkward and as expensive as possible, or have you found a loophole that I could follow. :?


Hello Julian

Nice to see you back again on the board.

In reply to your questions I refer you to the very first post in this thread which says:

Any EU citizen and that includes UK citizens, can move freely and live and work in another EU country without the need of a visa.

When you arrive in the new country, you can stay up to 3 months without any visa but if you want to work then you must exercise your right and apply for a RESIDENT Card, which is issued FREE of charge.

Your family, spouse and children can also join you, first by applying for Entrance Visa, if they live outside the EU, and then when they join you in the new country they have to apply also for a RESIDENT Card which is also FREE of charge.

The regulations that permit free movement in the EU according to the EU Directive 2004/38/EU doesn’t apply to Nationals of that country where they live. You as a British citizen and me as a Greek National cann't invite our family to come and join us, (you to the UK and me to Greece) as this comes under National law, therefore to bring your wife here for settlement under National Law you must apply and pay the exorbitant fees to the British Consulate (Government) and the same applies to the Greek Nationals and all other EU citizens. Applying for a settlement Visa your wife will get an FLR visa and after 2 years an ILR (Indefinite leave to remain).

If you are a dual citizen and have 2 Nationalities eg. British and Irish then you can follow the route of the EU directive. Do you have any Irish connections which will allow you to get an Irish passport from EIRE? (Not N.Ireland!)

If you don’t have another Nationality then you have to follow the National rules, except if you move and live in Austria for sometime, where your wife can come and join you under the EU Directive for FREE and then when you decide to comeback to the UK you can bring her back for Free too, under the famous now Surigner Case.

Resident Cards tend to take much longer to be issued then the National spouse Visas.

I hope it helps but if you need more info, in private, just PM or email me with your tell number and I will call you after 6 PM for a chat!

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 Post subject: Re: Bringing your FSU Lady to the UK under the EU Law is Fre
Post Number:#7  PostPosted: 21 Jan 2010 13:02 
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The process is simple.


An EEA Citizen,(Does not apply for any EU citizen residing in their own country), have an absolute right of residence in the UK or any other EU country for 90 days. After that period he/she must be exercising a Treaty Right (work, study, job seeking etc).

The non-EEA partner has exactly the same rights, derived purely from her/his relationship to you. Those rights exist regardless of the issuing of any paperwork by the UK or the other EU country. Any permits, Residence Cards etc only confirm those existing rights, but they don't grant them (though they are of course, useful to have to make life easy!).

The practical steps are that your partner should (whether it is is in Russia or Italy) apply for a EEAFP (which must be free and issued speedily) to accompany, or join you in the UK or other country you reside and work. Don't be put off by the long form the UKBA site provides, you can ignore many of the things it asks for. As long as you supply your passports and a marriage certificate they *cannot* refuse your application unless they are able to prove it is a marriage of convenience or that you are a threat to public order, etc. You can even arrive in the UK or other EU country without an EEAFP for your partner, as they *must* admit you if you supply your passports and a marriage certificate (however an EEAFP makes it easier as there is always the risk of an ignorant airline staff member refusing to let the non-EEA partner to board "without a visa").

Once here she can apply for a Residence Card, that will probably take a long time, but remember that it is *not* a prerequisite for anything. You both have residence etc rights without any paperwork. The Home Office will supply a Certificate of Application showing that they have received the residence card application, this is usually enough proof of entitlement for employers etc.

Europeans living and working in another EU country have it a lot easier than most of those living in their own country!
[biggrin.gif] [biggrin.gif] [biggrin.gif]

Make sure you have read http://ec.europa.eu/commission_barroso/ ... _2004_38...

It's a pdf file and you must download it!

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 Post subject: Re: Bringing your FSU Lady to the UK under the EU Law is Fre
Post Number:#8  PostPosted: 01 Mar 2010 19:25 
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Another Hurdle is gone in the EU
Eviva Espana


[good_news.gif] Today I learned that Spain is implementing the 2004/38/EU Directive which allow the wife/husband of an EEA citizen in possesion of a RESIDENT CARD to travel freely there, without the need of a Schegen Visa!

From the Spanish Consulate site:

DEPENDANT OF EU/SPANISH NATIONAL

IMPORTANT NOTICE: Under Directive 2004/38/EC and according to Real Decreto 240/2007, 16 February, Family members of an EU/EEA National in possession of a valid UK Residence Card are not requiered of a visa to enter Spain. Please note that the UK Residence Permit must state literally that the holder is a family member of an EU/EEA National, if not, a visa is requiered under the following conditions:


[glad.gif] Now we can go there next winter for some sunshine! [bravo.gif]

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 Post subject: Re: Bringing your FSU Lady to the UK under the EU Law is Fre
Post Number:#9  PostPosted: 02 Mar 2010 17:53 
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wiz wrote:
Another Hurdle is gone in the EU
Eviva Espana


[good_news.gif] Today I learned that Spain is implementing the 2004/38/EU Directive which allow the wife/husband of an EEA citizen in possesion of a RESIDENT CARD to travel freely there, without the need of a Schegen Visa!

From the Spanish Consulate site:

DEPENDANT OF EU/SPANISH NATIONAL

IMPORTANT NOTICE: Under Directive 2004/38/EC and according to Real Decreto 240/2007, 16 February, Family members of an EU/EEA National in possession of a valid UK Residence Card are not requiered of a visa to enter Spain. Please note that the UK Residence Permit must state literally that the holder is a family member of an EU/EEA National, if not, a visa is requiered under the following conditions:


[glad.gif] Now we can go there next winter for some sunshine! [bravo.gif]


The link to Real Decreto 240/2007, 16 February in Spanish.

The important part is in Chapter II, Sub paragraph 4.

The text in Spanish.

La posesión de la tarjeta de residencia de familiar de ciudadano de la Unión, válida y en vigor, expedida por otro Estado parte en el Acuerdo sobre el Espacio Económico Europeo, eximirá a dichos miembros de la familia de la obligación de obtener el visado de entrada y, a la presentación de dicha tarjeta, no se requerirá la estampación del sello de entrada o de salida en el pasaporte. (Redactado conforme al Real Decreto 1161/2009)


The text in English
The possession of the family residence card of citizen of the Union, valid and in force, issued by another State party to the Agreement on the European Economic Area, shall exempt such family members from the requirement to obtain an entry visa and the production of this card does not require the stamping of entry or exit in your passport. (Established under Royal Decree 1161/2009)


(Please excuse the poor translation, it is an automated translation.
My Spanish is almost good enough to read the text, but defiantly not good enough to translate the text into English)

It might be an idea to print out the text in Spanish and carry it with you when travelling to Spain, that way it is possible to present the text to a immigration officer in a language that they should be able to read. [lol.gif] [lol.gif] [lol.gif]

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 Post subject: Re: Bringing your FSU Lady to the UK under the EU Law is Free
Post Number:#10  PostPosted: 03 Mar 2010 09:13 
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Thanks Raffi

Great Job...........so I can't wait the time when I can use it! [bravo.gif]

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