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mgb

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Posts posted by mgb

  1. Article 6 2004/38
    1.1. Union citizens shall have the right of residence on the territory of another Member State for a period of up to three months without any conditions or any formalities other than the requirement to hold a valid identity card or passport.

    2. The provisions of paragraph 1 shall also apply to family members in possession of a valid passport who are not nationals of a Member State, accompanying or joining the Union citizen

     

    What are eea citizen and family member doing than? Right residing.
    What is the ECJ talking in Metock section 99? Right residing.
    Where is your understanding problem?

  2. 1 hour ago, 7by7 said:

    Metock is about the rights of non EEA national partners of EEA nationals who are residing in an EEA state other than that of which the EEA national is a citizen.

    Metock C-127/8 section 99

    The answer to the second question must therefore be that Article 3(1) of Directive 2004/38 must be interpreted as meaning that a national of a non-member country who is the spouse of a Union citizen residing in a Member State whose nationality he does not possess and who accompanies or joins that Union citizen benefits from the provisions of that directive, irrespective of when and where their marriage took place and of how the national of a non-member country entered the host Member State.

     

    Read:

    irrespective of how entered the host Member State.

  3. A 5 year old would understand it if there is enough time to think about it. Your mother-in-law was not the onliest visa applicant.
    I guess the papers weren't fully read and the dates at the application form were misunderstood.
    Now the embassy could only cancel the visa and issue a new one with the correct data.

  4. 2 hours ago, 7by7 said:

    and be in Ireland illegally!

    Simply not possible.
    Do you see anything about a visa in article 6 right of residence for 3 month?

     

    Article 5 right of entry section 2 sentence 3 
    Member States shall grant such persons every facility to obtain the necessary visas.

     

    How should that working for a entry visa for crossing the border if there is no border post?

  5. EU directive 2004/38 Article 5 section 2 first sentence.

     

    2. Family members who are not nationals of a Member State shall only be required to have an entry visa in accordance with Regulation (EC) No 539/2001 or, where appropriate, with national law.

     

    If the irish law say no border control at the border to NI they waive a entry visa for family members.
    The stay after crossing the border is covered from the eu directive article 6 anyway.

  6. As long as the brexit is not finalised you are still a eu citizen exercising your right of free movement in Ireland. The family member of a eu citizen need only a visa for crossing the border. If there is no border control there is no border control. It is a good idea to have the marriage certificate by hand in such circumstances.

  7. Ask the embassy what they need for a Legalisation of a marriage certificate for the usage in spain. You need it later in Spain anyway.
    http://www.exteriores.gob.es/Portal/en/ServiciosAlCiudadano/InformacionParaExtranjeros/Paginas/Legalizaciones.aspx

    After you got it apply for a visa. I don't think they can turn down a marriage certificate which they legalised by their own.

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