EU Freedom of Movement and UK interview for EEA Family ?!

[ashimashi]

Hi,

Just looking at visas4uk website, and it says that for a visa of category of EEA Family Member Permit I need to go there for an interview!!! (me non-EU visa require, wife Irish, living in Ireland for 7 years)

This is a new one now, I had numerous UK visas before and was never asked to provide an interview. Are they going backwards as regards to EU Freedom of Movement?! Is this even legal? All they can legally ask for is passport and marriage cert, can I just write to tell and tell them to flip off and just send me the visa?

ca.fanke would definitely have a lot to say on this

Cheers
A.

[ca.funke]

Hi there,

unfortunately I have nothing to say on this, as 2004/38/EC does not apply for you, as you are married to an Irish person, while living in Ireland.

The only thing I can say about this is my usual (hopeless) plight

Either

• Ireland/UK should join Schengen OR they should
• agree on a system which mutually recognises UK/Ireland/Schengen visas for visits to the other area.

You may try the following:

See the UK-transposition of 2004/38/EC, which does not really apply to you:

Before an Immigration Officer refuses admission to a non-EEA national under
Regulation 11(2) because s/he does not produce an EEA family permit, the IO must
give the non-EEA national reasonable opportunity to provide by other means proof
that he/she is a family member of an EEA national with a right to accompany that
national or join him/her in the UK.

Thus, carrying both your passports and a marriage-certificate could gain you entry, without applying for a visa at all.

But I have no idea whether this would actually work in practice.

Sorry and good luck.

[ashimashi]

Thanks.

Yes I know that while in Ireland EC/... doesn't apply to me. But this is about the rights of us as a non-UK EU citizen (wife) and me travelling to the UK. so I think it is covered by freedom of movement act, as it's irish citizen travelling to UK with non-eea family members...

[ca.funke]

Hi,

I agree and think so too.

Unfortunately it's not important what I think, it's not even important what the law actually wants/sais.

What is important is: Will you be allowed to travel, without major problems/hindrance?

And this (according to my experience) is always a matter of luck.

Unfortunately.

I am fed up having to rely on this "luck", and we now actively look for jobs in Schengen, as I will not continue like that.

Good luck anyway, rgds, Christian

[ashimashi]

thanks.

Back to the original question:

Does anyone know British Embassy's policy of forcing and interview for EEA Family Permit is legal or not?

[JAJ]

Hi,

Just looking at visas4uk website, and it says that for a visa of category of EEA Family Member Permit I need to go there for an interview!!! (me non-EU visa require, wife Irish, living in Ireland for 7 years)

Have you not applied for Irish citizenship?

[ashimashi]

I have, in late may 2006. I wouldn't think it'll come through before mid 09 to be realistic though, so this is for between now and then!