Kudos to the EU court!
Dec 18th 2014, 7:05 pm
#1
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Kudos to the EU court!
There was some discussion on Breakfast News this morning about the UK immigration rules being unfair on non-eu nationals and this came up:
EU court says British visa rule illegal - RTÉ News
Finally some attention on prime time BBC news regarding the UK rules and how the EU courts are fighting against them.
EU court says British visa rule illegal - RTÉ News
EU court says British visa rule illegal
Finally some attention on prime time BBC news regarding the UK rules and how the EU courts are fighting against them.
The McCarthys took action against the government under the European Union's freedom of movement rules.
The ECJ in Luxembourg, which interprets EU law, ruled in the McCarthys' favour today, stating that freedom of movement rules do not allow measures which - in pursuit of an objective of general prevention of abuse - preclude family members from entering a member state without a visa.
The ECJ in Luxembourg, which interprets EU law, ruled in the McCarthys' favour today, stating that freedom of movement rules do not allow measures which - in pursuit of an objective of general prevention of abuse - preclude family members from entering a member state without a visa.
Dec 18th 2014, 7:10 pm
#2
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Re: Kudos to the EU court!
The UK still has implement the ruling. How and when it does so will be equally as important.
In the case given the easiest thing to do would be for Mrs McCarthy to naturalise as a Spanish citizen. As a Colombian citizen this would only require two years residence in Spain. Then she could come and go as she pleased.
In the case given the easiest thing to do would be for Mrs McCarthy to naturalise as a Spanish citizen. As a Colombian citizen this would only require two years residence in Spain. Then she could come and go as she pleased.
Last edited by BritInParis; Dec 18th 2014 at 7:13 pm.
Dec 18th 2014, 7:20 pm
#3
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Re: Kudos to the EU court!
The UK still has implement the ruling. How and when it does so will be equally as important.
We'll have to watch this space!
Dec 18th 2014, 7:37 pm
#4
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Re: Kudos to the EU court!
Interesting implications for would-be Surinder Singhers. If a British citizen and their non-EU spouse moved to, say Spain, and the non-EU spouse applied for and obtained a EU residence card shortly after arriving then in theory the couple could then just move directly back to the UK and circumvent the whole spouse visa process.
Dec 18th 2014, 7:43 pm
#5
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Re: Kudos to the EU court!
This case refers to a British citizen married to non EU citizen both of whom are LIVING in EU country. The non EU spouse has a residence permit in said EU country. The UK has always asked for these residents to apply for a Family permit in order to visit the UK, since the UK is not in the Schengen area and so does not recognise absolute free movement
Dec 18th 2014, 7:45 pm
#6
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Re: Kudos to the EU court!
Interesting implications for would-be Surinder Singhers. If a British citizen and their non-EU spouse moved to, say Spain, and the non-EU spouse applied for and obtained a EU residence card shortly after arriving then in theory the couple could then just move directly back to the UK and circumvent the whole spouse visa process.
Dec 18th 2014, 7:50 pm
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Re: Kudos to the EU court!
It does on the face of it. If you possess a EU family residence card from another member state then you don't need an EEA Family Permit to come to the UK. If you don't need to apply for an EEA Family Permit then you don't need to satisfy the 'centre of life' and other Surinder Singh requirements if your EU family member is also a British citizen.
Dec 18th 2014, 7:51 pm
#8
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Re: Kudos to the EU court!
This ruling has nothing to do with your situation - British citizen wishing to bring in non EU spouse from non EU country.
This case refers to a British citizen married to non EU citizen both of whom are LIVING in EU country. The non EU spouse has a residence permit in said EU country. The UK has always asked for these residents to apply for a Family permit in order to visit the UK, since the UK is not in the Schengen area and so does not recognise absolute free movement
This case refers to a British citizen married to non EU citizen both of whom are LIVING in EU country. The non EU spouse has a residence permit in said EU country. The UK has always asked for these residents to apply for a Family permit in order to visit the UK, since the UK is not in the Schengen area and so does not recognise absolute free movement
It could be good news for any of us wanting to go through the EU member state route.
It could also spark some debate with the British wanting to bring their loved ones back home. ie. my situation
Last edited by alfista1; Dec 18th 2014 at 7:53 pm.
Dec 18th 2014, 9:36 pm
#9
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Re: Kudos to the EU court!
It does on the face of it. If you possess a EU family residence card from another member state then you don't need an EEA Family Permit to come to the UK. If you don't need to apply for an EEA Family Permit then you don't need to satisfy the 'centre of life' and other Surinder Singh requirements if your EU family member is also a British citizen.
Getting residence cards is not usually automatic and certainly not immediate. (In Spain you don't get one until you have been there for three months). Therefore people who do go to an EU country will need to be there for some time before they obtain the residence card.
I don't believe this ruling is going to radically change the amount of time one needs to be in an EU country before returning via SS
Dec 18th 2014, 9:45 pm
#10
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Re: Kudos to the EU court!
You don't need to apply for an EEA Family permit if you have a residence card.
Getting residence cards is not usually automatic and certainly not immediate. (In Spain you don't get one until you have been there for three months). Therefore people who do go to an EU country will need to be there for some time before they obtain the residence card.
I don't believe this ruling is going to radically change the amount of time one needs to be in an EU country before returning via SS
Getting residence cards is not usually automatic and certainly not immediate. (In Spain you don't get one until you have been there for three months). Therefore people who do go to an EU country will need to be there for some time before they obtain the residence card.
I don't believe this ruling is going to radically change the amount of time one needs to be in an EU country before returning via SS
The real question is how, or even if, the UK will implement this ruling.
Dec 18th 2014, 9:56 pm
#11
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Re: Kudos to the EU court!
For Spain you need to obtain a residence card before you've stayed for more than three months. Providing your EU citizen family member is working, self-employed, studying or you are self-sufficient then you can obtain one as soon as you arrive. From this ruling there is nothing then to prevent you from jumping on a plane and head straight to the UK.
The real question is how, or even if, the UK will implement this ruling.
The real question is how, or even if, the UK will implement this ruling.
Dec 18th 2014, 10:13 pm
#12
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Re: Kudos to the EU court!
For Spain you need to obtain a residence card before you've stayed for more than three months. Providing your EU citizen family member is working, self-employed, studying or you are self-sufficient then you can obtain one as soon as you arrive. From this ruling there is nothing then to prevent you from jumping on a plane and head straight to the UK.
The real question is how, or even if, the UK will implement this ruling.
The real question is how, or even if, the UK will implement this ruling.
Residence visas
Anyone arriving in Spain with the intention of staying longer than three months requires a Residence Visa (Visado de Residencia). This must be requested from and issued by the Spanish Embassy of the applicant's home country, before departure for Spain. It is different to the standard 90-day Schengen visa in that it allows the holder to begin the residency application process
Residence card (Tarjeta de Residencia)
Citizens of non-EU countries wishing to stay in Spain for more than three months must apply for a Residency Permit/Card (Tarjeta de Residencia) within 30 days of arriving in the country. The application must be made at the Foreigner's Office (Oficina de Extranjeros) or local police station in the province of intended residence.
Once the application for a residence permit has been made, a stamped copy of the application is issued; the Residence Card should be issued within three to four months.
Dec 19th 2014, 12:26 am
#13
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Re: Kudos to the EU court!
Hopefully the ball gets rolling,
about time the EC took notice! now how long will this take? i bet good old dave is sh!!ting bricks right about now.
about time the EC took notice! now how long will this take? i bet good old dave is sh!!ting bricks right about now.
