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Immigration to European countries, don't post UK or Ireland related topics!

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sat Aug 25, 2012 6:20 pm

ATAPCP wrote: # I was given discretionary leave to remain last year and it is valid till 2014.
# I do not hold or have spouse anywhere mentioned on my BRP or anywhere.
# I am a CP of British citizen.
# Yes the proof of EU passport was provided (in fact shown and copy given)
# Also CP certificate was given
# I have enquired from UKBA and "family member of eu..." is only given when you are exercising the treaty rights
# However as I have applied under UK immigration rules EU thing doesn't apply to me
Is a civil partner not a family member in the same way that a spouse is? I would have thought so.

I understand, you applied under the immigration rules and not the EU route. You do not have an article 10 residence card, but a residence permit. However, the regulation 380/2008 is binding on the UK. The UK must follow it. There is an EU dimension to your case and that is that your residence permit ought to identify you as the family member of the UK citizen. This could come in useful to you at some point.

If you are interested, the regulation is here.

http://eur-lex.europa.eu/LexUriServ/Lex ... 007:EN:PDF

Punjab
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Post by Punjab » Sat Aug 25, 2012 9:03 pm

EUsmileWEallsmile wrote:
ATAPCP wrote: #My troubles will only be over once I get the permanent leave to remain in uk.
I'm not so sure what you mean. Certainly if you apply for British citizenship you will also be a EU national. Otherwise, you will have the same issues that you are currently faced with.
PR just means you are here on permanent basic but whenever you go out of the UK you might need the visa.

being a British citizen will grant you freedom of totally visa free travel inside the eu/schengen zone and various other countries

ATAPCP
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Post by ATAPCP » Sun Aug 26, 2012 10:12 am

Thanks EU for that,
I never knew the below regulations

The residence permit of a member of the family of a citizen of the European Union who has not exercised the right of free movement must contain the entry “family member”

My biometrics card even through issued OUTSIDE the immigration rules of UKBA should have still contained the family member bit. I must raise this with my solicitor as I don't think he knows this.

When I questioned UKBA in April they did say that it will not contain Family as it has nothing to do with them. Also that as my leave was given outside the immigration rules so I will not be given any of such rights or information. Even though my case was decided on the basis of the relationship.

In regards to the PR or Citizenship I am long way of it yet. 5 YEARS to be precise. So until then I would have to grin and bear it. Maybe later.

But I would be interested to know if I have a case to get the BRP card changed to include the word "family"?

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Sun Aug 26, 2012 10:21 am

ATAPCP wrote:I never knew the below regulations

The residence permit of a member of the family of a citizen of the European Union who has not exercised the right of free movement must contain the entry “family member”
Where exactly did you see this said? It makes no sense.

ATAPCP wrote:My biometrics card even through issued OUTSIDE the immigration rules of UKBA should have still contained the family member bit. I must raise this with my solicitor as I don't think he knows this.

When I questioned UKBA in April they did say that it will not contain Family as it has nothing to do with them. Also that as my leave was given outside the immigration rules so I will not be given any of such rights or information. Even though my case was decided on the basis of the relationship.But I would be interested to know if I have a case to get the BRP card changed to include the word "family"?
Why do you say this? In what way was your leave "outside the immigration rules"?

Why do you want "family" to be on your UK residence documentation?

Note that "family" will not make it into a Residence Card. The only way to get one of those is to move with your spouse to another EU member state, for your British spouse to work there, and then for you to return to the UK
Last edited by Directive/2004/38/EC on Sun Aug 26, 2012 10:30 am, edited 1 time in total.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sun Aug 26, 2012 10:29 am

Directive/2004/38/EC wrote:
It will not make it a Residence Card.
Correct, it will not be a residence card, it will still be a permit.

...but it's meant to comply with this regulation, which states that it should contain the words "family member".

http://eur-lex.europa.eu/LexUriServ/Lex ... 007:EN:PDF

Ref annex 1, page 5, paragraph 3.

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