eu family permit.

[xhesika]

One question i still cant get an answer for is: My husband (albanian) is legally resident in greece, he has been there for 3 years now and i was there last year all year, can we apply for a 5 year family permit for the uk from greece even though I never registered my presence in greece , I didnt realise I had to.................. and also the fact that I am currently in uk......do I have to live there for x amount of time after registering with greek authorities? I have work papers e.g from employer in greece and a tax pay for m in mine + my husbands name from january -july time 2007.....Any advice please

[Administrator]

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Moved from Europe immigration forum to UK family immigration.

the Admin

[xhesika]

Thanks was debating on where to post it, now please could you give me some information about this topic as I have searched the net, I cant find anything.

[Wanderer]

The way I read it is you'd have to be living in another EU state in order to be able to apply for an EEA FP.

Pretty sure it can't be applied to retrospective residency - that would open all sorts of floodgates....

[Administrator]

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This is what I understand:

(1) You have permission to be in the UK.

What permission do you have? Citizen? Work permit? _______?


(2) Based upon you having the right to live in the UK, you wish for your husband to join you.

Will you use a spouse visa for this?

To get the family permit, you have to show that you have a place to live and that you can support him until he gets permission to work. Spouse visa for UK or EU citizen can provide him the right to work, but he/you must still show a job with taxable income or sufficient private resources.


If your husband wishes for a different visa, such as a work permit, then I can move this topic again.


If you want to exercise your treaty rights under the EU, then this topic should answer your questions:

-> Europe immigration forum -> Directive 2004/38/EC


There have been a number of topics in the forum regarding Albanian husbands with immigration problems regarding the UK and other EU countries. I do not recall if yours is one of them. Does your husband have any criminal, legal or immigration-related problems with the UK government? Or with any EU government?

Or, any such problems with any government?

If there are such complications, the severity of them and the county (or countries) involved are important information to try and guess how the UK government will view an application.

the Admin

[xhesika]

Thats what I thought.

I was just trying to find some more information on the subject as I may move back to greece with a view to applying for my husband who is from albania, to reside there with me exercising my treaty rights and then after that we may go to england, But how on earth can we go about applying for this to stay in greece, at the greek council or the british embassy?

My husband already has his second two year legitimate greek residence permit, which he got off his own back, nothing to do with my treaty rights.

[xhesika]

.

This is what I understand:

(1) You have permission to be in the UK.

What permission do you have? Citizen? Work permit? _______?


(2) Based upon you having the right to live in the UK, you wish for your husband to join you.

Will you use a spouse visa for this?

To get the family permit, you have to show that you have a place to live and that you can support him until he gets permission to work. Spouse visa for UK or EU citizen can provide him the right to work, but he/you must still show a job with taxable income or sufficient private resources.


If your husband wishes for a different visa, such as a work permit, then I can move this topic again.


If you want to exercise your treaty rights under the EU, then this topic should answer your questions:

-> Europe immigration forum -> Directive 2004/38/EC


There have been a number of topics in the forum regarding Albanian husbands with immigration problems regarding the UK and other EU countries. I do not recall if yours is one of them. Does your husband have any criminal, legal or immigration-related problems with the UK government? Or with any EU government?

Or, any such problems with any government?

If there are such complications, the severity of them and the county (or countries) involved are important information to try and guess how the UK government will view an application.

the Admin

I am british, we have been married for 3 years.

My husband entered UK 2001 illegally, applied for LTR was then refused, was sent to tribunal, then dismissed 3 years later, then he was deported.

He was in UK as JOE from kosovo, his surname and D.O.B were real, and his first name was JOE but is really JO, its hard for me to explain this without divulging all details to you.

We applied for a visit visa in 2004 for him to attend my sisters funeral,wer werent married at this point: it was refused

We applied for A family visit visa in 2005 for him to attend my sisters memorial service, we were married at this point but didnt want to stay in UK: it was refused

We applied for a settlement/spouse visa in dec 2007 after living in greece together since January 2007: we applied in athens at the british embassy: it was refused

We want to apply for another spouse visa, it is costing 3000 in lawyer fees alone + 500 for application but as I she is not fully aware of european laws, I thought I would try to get some info on here about exercising my treaty rights in Greece as it is killing us both being apart and I lost my only sister in 2004 to suicide, she was 23 years old, although she was not in anyway in same circumstances as me, she was failed by the british system and I dont want to go down the route of depression due to the fact that I am in love and married to a non-eu citizen and system is deciding our fate.

This is why, if all else fails with spouse visa, we would like to reside in greece with a view to entering and living legally in uk with a 5-year eu family permit, which....I dont know where to apply, requirements., price, timescale from entering greece to applying, to getting 5 year permit, to going to uk, to what we apply for after 5 year permit is up with a view to UK residency.

any help would really be appreciated.

THANKYOU

[Administrator]

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Thank you for the information.

Clearly this is a mess. I'm sorry to hear that.

When your husband was deported, did the government ban him formally? If so, for what length of time?

Depending on the reasons for deportation and how long he was in country illegally, there may be an automatic ban in place. It may have a time limit, or it may not, depending on how upset the UK government is with him. For instance, in the original deportation, did they determine that he was engaged in identity fraud ..? That could keep him out for a very long time.

Keep in mind, also, that the government may be acting upon information in a criminal database. They may have hidden reasons (from you) as to why they want to keep him out of the UK.

The reasons may be real or they may be a mistake. But, so long as they have such a reason, they have the rights under EU treaties to deny him entry.

Given the deportation, false identity, and several visa denials ... you are both in a very serious situation. His ban on entry in the UK could be in effect for three or five years, or even life. No amount of applications will change that.


Did you ever appeal any of the decisions? If the appeals were denied, upon what grounds were the decisions based?

I understand the sensitive nature of these questions and the answers, so don't post what you thin is too private or identifying. But, I'm beginning to think the help that can be offered here is limited.

Even under the EU directive to allow spouses to accompany their spouses, a country still has the right to deny entry to people they have determined to be in serious violation of the law.


Have you thought about applying under Freedom of Information to try and get fully detailed case files on your husband and yourself?

It really feels like the government is acting on information here that you either do not know about or have not posted.

Also, no matter the reason for the government to deny him entry, they could very well be wrong. Which would mean you would have to build a legal case to prove they are wrong and then take it through the court system.

Are you familiar with the Immigration Law Practitioners' Association? They may be one place you can turn to to develop a winning strategy.

the Admin

[Wanderer]

The way I understand it is:

1. You move to Greece and live with ur husband for some time.

2. You apply for EEA FP at UK consulate in Athens for ur husband, or rather ur husband applies.

3. I think the first RP is for three months not 5 years.

Problems that might occur is how long is 'some time'? If it was a few months the HO might decide you are attempting to circumvent the immigration rules. I'd suggest 'some time' would need to be over a year if not more.

Another issue is the Athens Consulate way well take into account ur husbands previous immigration history and refusals and still deny the EEA FP.

Only my opinion!