UK Govt recent publications on EEA Free movement and EEA case law

[ThaiVisaExpress]

The UK Govt has recently published instructions to case-workers dealing with EEA applications. The guidance includes information and guidance on Surinder Singh applications, Zambrano applications, and much more. The Case law guidance is good reading ( for those who are interested).

Direct_Family_Members_v1_0_EXT including Surinder Singh cases.pdf

EEA_Case_Law_v1_0_EXT.pdf

Free_movement_rights_v11_0_EXT.pdf

Qualified_Persons_v1_0_EXT.pdf

Tony M

Edited February 21, 2015 by ThaiVisaExpress

[Donutz]

Thanks Tony, I'll read this over the weekend. I'm interested to see if the UK applies some more common sense on Returning Britons who did the EU/SS route or waste less time on EU/EEA nationals who come with their non-EU family to the UK for holiday or settlement. Expact more b*ll*cks though.

Personally the UK would be high on the list for a short holiday but the way the British authorities welcome my Thai spouse... Silly outsourcing via an Amsterdam based company who collects biometrics and a form with too many irrelevant questions, shipping it all to the UK for processing. They used to charge (don't know if they still do) service charge in 2013. Waste of time and money when the British embassy is a 15 minute drive away from my house, but we know they do not place visas/stamps (A1) anymore. The alternatives are going via Calais-Dover so a perhaps grumphy borderguard can place a A1 stamp upon showing the maritial papers, or simply not bothering to spent our holiday in the UK. So far we chose not to bother and spent time in France, Spain, Italy, Germany etc. instead. Our holiday money won't flow in the UKs treasury or working class aalong as it is too much effort to quickly hop across the channel for a brief visit, most unfortunate for them. /end of this rant.

[a99az]

We came into the UK from Spain using the SS route back in Oct 2013. We found the British Embassy in Madrid very help full and they bent over backwards to do everything on our first visit. It used to be that if you could find a carrier that would take you to the UK with your spouse who holds a residence card from an EU country that on arrival in the UK they would not be able to turn the spouse back.

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Thanks Tony, I'll read this over the weekend. I'm interested to see if the UK applies some more common sense on Returning Britons who did the EU/SS route or waste less time on EU/EEA nationals who come with their non-EU family to the UK for holiday or settlement. Expact more b*ll*cks though.

Personally the UK would be high on the list for a short holiday but the way the British authorities welcome my Thai spouse... Silly outsourcing via an Amsterdam based company who collects biometrics and a form with too many irrelevant questions, shipping it all to the UK for processing. They used to charge (don't know if they still do) service charge in 2013. Waste of time and money when the British embassy is a 15 minute drive away from my house, but we know they do not place visas/stamps (A1) anymore. The alternatives are going via Calais-Dover so a perhaps grumphy borderguard can place a A1 stamp upon showing the maritial papers, or simply not bothering to spent our holiday in the UK. So far we chose not to bother and spent time in France, Spain, Italy, Germany etc. instead. Our holiday money won't flow in the UKs treasury or working class aalong as it is too much effort to quickly hop across the channel for a brief visit, most unfortunate for them. /end of this rant.

[Donutz]

I just started reading through the first document, and don't have the previous document at hand, or it might be covere elsewhere but I see nothing about durable relationships (akin to marriage)?

Proof of relationship

The applicant must provide evidence of their relationship to the EEA national sponsor as follows, for:

a spouse - a marriage certificate

a civil partner - civil partnership certificate

child or stepchild - documents which name the EEA national sponsor or their spouse

as the parent, for example a full birth certificate

adopted child - a legal adoption document, for further guidance on UK recognised

adoptions, see related link: Adopted children

a relative in the ascending line must produce documents to show the full ascending

line, for example:

o a father or mother must produce their childs birth certificate naming them as the

parent

o a grandfather or grandmother must produce their childs birth certificate naming

them as the parent, and their grandchilds birth certificate, which names their parent.

Does not seem to cover EU/EEA permit for those in a durable relationship as defined in Directive 2004/38. So much for getting a visa for a quick holiday with your non EU partner which you have been in a relation with for a ling time... Were as for instance for a Schengen a UK national and his/her Thai unmarried partner who have been in a durable relationship can get a free, accelerated visa (per the directive). So much for promoting EU tourism...

*reads on*

[Donutz]

It used to be that if you could find a carrier that would take you to the UK with your spouse who holds a residence card from an EU country that on arrival in the UK they would not be able to turn the spouse back.

Try getting onboard first... In the experience of many there is no way an airliner or ferry lets your non EU spouse board without British visa. Plenty of stories on forums dedicated to EU (SS route) immigration, and on a Dutch migration website I read the same experiences: either get a visa before hand (outsourced in NL for some years now and for a service fee) or get to a UK borderguard (at Calais) for an A1 stamp or no entry in the UK. People could wave their maritial papers, Brax and Sabranno rulings arounds, sometimes but rarely getting the carrier to contact UKBA who would then deny that that would get a visa on arrival even if it was a genuine EU+nonEU couple with all evidence to proof it, and should have gotten a visa in advance as per instructions. By all accounts not a smooth and easy process. Edited February 21, 2015 by Donutz

[ThaiVisaExpress]

I just started reading through the first document, and don't have the previous document at hand, or it might be covere elsewhere but I see nothing about durable relationships (akin to marriage)?

Proof of relationship

The applicant must provide evidence of their relationship to the EEA national sponsor as follows, for:

a spouse - a marriage certificate

a civil partner - civil partnership certificate

child or stepchild - documents which name the EEA national sponsor or their spouse

as the parent, for example a full birth certificate

adopted child - a legal adoption document, for further guidance on UK recognised

adoptions, see related link: Adopted children

a relative in the ascending line must produce documents to show the full ascending

line, for example:

o a father or mother must produce their childs birth certificate naming them as the

parent

o a grandfather or grandmother must produce their childs birth certificate naming

them as the parent, and their grandchilds birth certificate, which names their parent.

Does not seem to cover EU/EEA permit for those in a durable relationship as defined in Directive 2004/38. So much for getting a visa for a quick holiday with your non EU partner which you have been in a relation with for a ling time... Were as for instance for a Schengen a UK national and his/her Thai unmarried partner who have been in a durable relationship can get a free, accelerated visa (per the directive). So much for promoting EU tourism...

*reads on*

I didn't provide all of the published documents. It's in here :

Extended_Family_Members_v1_0_EXT.pdf

[beano2274]

It used to be that if you could find a carrier that would take you to the UK with your spouse who holds a residence card from an EU country that on arrival in the UK they would not be able to turn the spouse back.

Try getting onboard first... In the experience of many there is no way an airliner or ferry lets your non EU spouse board without British visa. Plenty of stories on forums dedicated to EU (SS route) immigration, and on a Dutch migration website I read the same experiences: either get a visa before hand (outsourced in NL for some years now and for a service fee) or get to a UK borderguard (at Calais) for an A1 stamp or no entry in the UK. People could wave their maritial papers, Brax and Sabranno rulings arounds, sometimes but rarely getting the carrier to contact UKBA who would then deny that that would get a visa on arrival even if it was a genuine EU+nonEU couple with all evidence to proof it, and should have gotten a visa in advance as per instructions. By all accounts not a smooth and easy process.

I actually had a letter from the UK Immigration, produced it at the BA Counter in Munich, a quick call made to the UK and hey presto allowed on the flight, got to the UK produced the letter to the IO and no problems, my wife even asked to make sure she got a stamp in her passport.

[Donutz]

Still reading through the documents, nut had a quick look at the source page, figured it might be more convenient for some readers:

https://www.gov.uk/government/collections/eea-swiss-nationals-and-ec-association-agreements-modernised-guidance

Sort of related:

Couldn't help but test the "do you need a visa?" tool, which had a few shortcommings when I tried it mid 2014. Was hoping for an update but did not expect one, and indeed it is still incomplete: https://www.gov.uk/check-uk-visa

Let's assume you are Thai and living in the EU (outside the UK ofcourse) on a residence permit or EU/EEA permit. You fill out the form: I'm a Thai national and I want to visit for tourism together with my EU partner/spouse... So "Thai" and "tourism, visiting friends" it is.

You will be told by this silly tool that "You’ll need a visa to come to the UK". With still no links to procedurs for EU/EEA family and (ofcourse, not yet) nothing on those who have a residence card "family of an EU/EEA national" issued under article 10 of the D. 2004/38/EC, I wrote to them about it, they didn't seem to care back (the webmaster directs to UKVI, UKVI outsourced it's contactadress, all replies were a dead end). Very disappointing service from the UK authorities.