At last ! UK immigration pull out their fingers

mmmmmm



Joined: 19/12/2008
Posts: 8398

Message Posted:
05/05/2010 15:32

Veta and her son FINALLY got their UK residency stamp in their Russian passports - arrived this am -ONE DAY - before the UK Immigration would have breached EU rules...



ANY ONE saying *legal* immigration into the UK is 'too easy' .... They were here legally, but how the BEEP could they prove it - without the stamp showing they were entitled to work / reside..



If only the RoC had been so 'organised' .. they took 1.5 years and STILL have my money blocked - 'in case of repatriation' ;)

ianwfs


Joined: 08/01/2008
Posts: 563

Message Posted:
05/05/2010 15:58

That's good news for you, Mark. I'm pleased for you both.

Jeannie


Joined: 04/08/2009
Posts: 3283

Message Posted:
05/05/2010 16:00

Mark - at long last!



So pleased this has, finally, been resolved.



Love to you both.



J

x

Lilli



Joined: 21/07/2008
Posts: 13081

Message Posted:
05/05/2010 16:44

great news at least one hurdle is over. im very pl;eased for you all xx

proger1



Joined: 18/04/2009
Posts: 2919

Message Posted:
05/05/2010 16:58

Mark,

Great to here something has finally worked in your favour with immigration.



Just a quick question.

What is the basic criteria for getting the residency, I keep hearing conflicting stories but I believe that it is the first step toward getting a british passport.



Congratulations Veta, does this mean you can vote?

Paul

mmmmmm



Joined: 19/12/2008
Posts: 8398

Message Posted:
05/05/2010 17:14

Hi Ian, I think you are one of a few select 'folk' to have met us both ;)



Jeannie - Thx.. Can Veta use this 'visa' to enter Suffolk ? :D



Thx, Lillie, I had to apply as an Irishman :o



Paul: You have to be an EU Citizen having exercised your treaty rights - living working / or self sufficient in a third EU state ... So, even a UK citizen CAN use this route but the UK HATE it .... you don't have to cough up nearly 900 GBP per applicant.



IF you got a 'yellow slip' from the RoC immigration - costs 8 Euro - then you can apply for your non EU wife - It would be interesting to see how the RoC handled an application for the 'occupied areas' ;)



I'd open a RoC bank account and show money coming in and out - and apply as 'self-sufficient' in the RoC.



Then after six months, you can apply for a EEA family permit visa - valid for six months - to visit the UK ( it is multiple entry ) no charge - for your family members - applications have to be processed as a priority - ours too

darrener2


Joined: 30/12/2008
Posts: 187

Message Posted:
05/05/2010 17:16

Great news Mark. A long time coming.

Regards to you both,



Fiona

mmmmmm



Joined: 19/12/2008
Posts: 8398

Message Posted:
05/05/2010 17:17

ours took five hours in Nicosia...



Re Citizenship



you have to RESIDE in the UK to start the qualification period - five years - using this route - but that might change in July 2001



We may have to consider applying for the UK 'Formal leave to remain' route , to get CITIZENSHIP under the existing rules - 3 years residency required.. the fact that we have been married longer - doesn't matter a hoot - it's were you LIVE that counts...

mmmmmm



Joined: 19/12/2008
Posts: 8398

Message Posted:
05/05/2010 17:18

Thx Fiona.. I'm certain the UK don't wish to encourage EU citizens bringing in foreign dependants ! ..esp UK Citizens..

dublinderm


Joined: 26/09/2009
Posts: 538

Message Posted:
05/05/2010 17:20

Congratulations Mark. I am happy for all of you.



DD

mmmmmm



Joined: 19/12/2008
Posts: 8398

Message Posted:
05/05/2010 17:21

We will certainly be celebrating tonight ...

minertor



Joined: 14/02/2009
Posts: 1238

Message Posted:
05/05/2010 17:29

Christ, many m's. I thought they were sending some back.

seriously, Congratulations, hopefully that's anotherb two Leeds supporters.

Don't try to get in this sat though, the place is chokka'



Tony

come on ye whites

proger1



Joined: 18/04/2009
Posts: 2919

Message Posted:
05/05/2010 17:29

Cheers for that Mark, some people made it sound much easier than that which I found doubtful and as you have done it I think I will follow your info, I am afraid the wife will have to stick to her Russian passport for the meantime.



Again, well done and thanks,

Paul

mmmmmm



Joined: 19/12/2008
Posts: 8398

Message Posted:
05/05/2010 17:38

Hi Paul



just be clear, then ...Veta has a Russian passport, still - she's allowed to live / work in the UK - as my 'dependent'



She is 'allowed' to pay tax, etc., but not allowed to vote ;)

Ballyboffin


Joined: 25/08/2007
Posts: 903

Message Posted:
05/05/2010 17:46

That is wonderful news Mark & Veta. Congratulations, it was a long time coming.



Good for the UK to have another tax payer and as for voting, who would she want to vote for anyway!!!!



BW



Ballyb. xxxx

mmmmmm



Joined: 19/12/2008
Posts: 8398

Message Posted:
05/05/2010 18:07

Hi BB



Being Russian, she hasn't trusted Politicians for a LOT longer.. ;)

Jeannie


Joined: 04/08/2009
Posts: 3283

Message Posted:
05/05/2010 21:40

Hi Mark



I have consulted with Paul (as I do on everything ) and he has said that both yourself and Veta (now that she is 'legal' and, of course, is allowed to pay taxes) are more than welcome to come to Suffolk. So you now have 'the green light'.



Have a good time this evening



Love

Jean

x



PS Please don't come tomorrow evening, as we will be spellbound watching the swingometer - not

No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
05/05/2010 23:06

Mark. If she can't vote then she should withhold her taxes. )

Lilli



Joined: 21/07/2008
Posts: 13081

Message Posted:
05/05/2010 23:13

Mark and Veta Im so happy for you both, Mark us Irish win eventually xxxxxxx

simbas



Joined: 16/07/2007
Posts: 5943

Message Posted:
06/05/2010 09:25

You must both be very happy , good luck to you and your family

Simbas

scruff


Joined: 15/07/2008
Posts: 1070

Message Posted:
07/05/2010 00:14

Better late than never on this BB.

Congratulations once again Mark & Veta. Maybe we shall see you both again in Cyprus?



J

mmmmmm



Joined: 19/12/2008
Posts: 8398

Message Posted:
07/05/2010 09:55

An update !



I thought we'd try to use their new rights to visit France or Ireland - to test their rights out....



Now we find out Ireland STILL say they both need a Visa, France say Alexey needs one, but Veta doesn't and NL / Germany say 'welcome' :o !!!



This IS a visa based on EU freedom of movement [ it says "Family member of EU / EEA Citizen" on it] and there is a Directive ( must make your national legislation comply) in force..



Guess what?.. Now I've had to ask France and Ireland - via the EU - to explain their -apparently - illegal stance



WHAT a farce...

mmmmmm



Joined: 19/12/2008
Posts: 8398

Message Posted:
07/05/2010 09:59

Dear Scruff



re CY



YES, we could now visit CY - via any port of entry - Veta had 'Temporary Residency' , but had constant hassle - as she was constantly told she was on a 'stop list' and she has little wish to endure 'crap' at passport control.



She can't understand how - after all this - we might need to travel with loads of documents - incl marriage / birth certs - to 'prove' what a UK Residency permit - based on EU laws should give.... :(

rigsby


Joined: 21/09/2007
Posts: 912

Message Posted:
07/05/2010 10:03

Mark,It could get worse obut,thous might want to go to the Forest of Dean.We be a bit fussy who we let in.I am on commitee and i never let Mcpooh fans in.

mmmmmm



Joined: 19/12/2008
Posts: 8398

Message Posted:
07/05/2010 14:46

'Er 'ol Butt'



We 'av ben 'er many's a tyme... 'Em FoRRResteRRs do loike a pRReai lass ;)))



http://www.flickr.com/photos/veta_mark/3299748965/



BTW.. at least 'mcpoo' don't try and con folks with Marlboro logos disguised as 'bar codes' ... Let's see how the Red team get on with their version of the 'F-duct' ..



Hope to see Alonso excelling in front of his home crowd....











..with another fine drive from the back ;)))))))

rigsby


Joined: 21/09/2007
Posts: 912

Message Posted:
07/05/2010 18:04

Stop it Mark,because i will have arry on my case as well.I will be checking the issue of fern tickets when i am in Dean again.And yes Alonso did very well.Mcpooh need the money to pay of the claims for dodgy prams!

Clarissa2


Joined: 12/06/2009
Posts: 1476

Message Posted:
07/05/2010 20:43

Re: Msg 1,



m x 6,



Gu meal sibh bhur naidheachd!



A h-uile là sona dhuibh ΄s gun là idir dona dhuibh.

mmmmmm



Joined: 19/12/2008
Posts: 8398

Message Posted:
08/05/2010 01:44

Ya ni ponimaiu... :( Ya 'angliski', irlanski mushina... net irlandski mushina ;)

cyprusairsoft



Joined: 22/06/2009
Posts: 2066

Message Posted:
08/05/2010 08:57

well done mark

blimey what a carry on

dublinderm


Joined: 26/09/2009
Posts: 538

Message Posted:
08/05/2010 17:10

Re Msg 27.





That is Scots Gallic not Irlanski!



Thought you would all surely know the difference.



DD

mmmmmm



Joined: 19/12/2008
Posts: 8398

Message Posted:
08/05/2010 17:28

As an Ulster Prodie - brought up in a prodie school why would you expect me to know Gaelic :o ?



When I was younger, I surrounded by peers who couldn't see the point of us knowing a 'a nationalist language' !



We played footie, rugby and cricket and my friend Kevin and Paul Murphy played Gaelic footie and hurley and were taught 'Irish history' at *their* school...



I couldn't understand, WHY, at five yrs old, we couldn't go to the same school :(



Even in 'mixer town'.. Holywood those tribal differences were 'important'..



It was only when I married a R.catholic lass whose family still lived in Eire I REALLY saw both sides of the coin...



So, can any one tell me what Clarissa said ? ;)

dublinderm


Joined: 26/09/2009
Posts: 538

Message Posted:
08/05/2010 17:43

Mark,



Gu meal sibh bhur naidheachd = Congratulations to both of you.

A h'uile la sona dhuibh 's gun la idir dona dhuibh= May all your days be happy ones.



And that goes for me too. I wish you all the very best. Let's hope the Irish do not give you hassle if and when you decide to visit back home.



DD

mmmmmm



Joined: 19/12/2008
Posts: 8398

Message Posted:
08/05/2010 21:16

Thanks for the translation DD



the daft thing is we could EASILY fly / sail to Belfast and go there, anyway... I'd love to be a 'test case' ;0 ..It'sd about time countries that signed EU Directives ( incl. Eire and Cyprus ) complied with 'em

Clarissa2


Joined: 12/06/2009
Posts: 1476

Message Posted:
08/05/2010 22:09

Re: Msg.30,



dublinderm,

Yes, I do know the difference (however slight) having in the family a member of a famous Scottish clan. I see you had no problems understanding it. I wrote it in Gaelic as a challenge for m x 6 as Russian would be too easy for him.



Mòran taing.

Le deagh dhùrachd,



Clarissa

dublinderm


Joined: 26/09/2009
Posts: 538

Message Posted:
08/05/2010 23:50

Mark,



I have just had a word with the immigration cops (Garda National Immigration Bureau) at Dublin Airport outlining your situation. Their explanation is that because The Republic of Ireland and the United Kingdom have excluded themselves from the SHENGEN agreement, all third country (ie non-EU) nationals must possess a visa to enter the country regardless of whether they are married to an EU national or not. As for the French well I just do not know.



The other week the Turkish Airlines flight enroute to Dublin had to divert to Paris CDG. The French immigration officials would not allow ANYBODY off of the flight and made them all return to Istanbul. That will give you some idea of what they are like now.



I know it is not of any help.



DD

cyprusishome


Joined: 31/03/2007
Posts: 2381

Message Posted:
09/05/2010 08:31

Hi Mark,



WELL DONE. It is a shame you could not have got the same sorted on the Dark Side. Would have been easier to join you in a half or three.



Best wishes to the three of you and one day we may be able to reprieve that great night in Alsancak. lol



David & the other one.

mmmmmm



Joined: 19/12/2008
Posts: 8398

Message Posted:
09/05/2010 11:14

Hi DD,



thanks for taking the time to ask .. Your friend needs to ask his bosses to refer to this Directive that Ireland signed



http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:229:0035:0048:EN:pdf



Page four Articles 2 and 3





you can also ask how the French can make a distinction between a spouse and their child under 21 ..





article 2

(c) the direct descendants who are under the age of 21 or

are dependants and those of the spouse or partner as

defined in point (b);



I'm looking forward to challenging both France and Ireland by presenting my family at their respective borders ;)



David... hopefully, may be with the compo money from the RoC, France and Ireland [ ;) ] we will be coming..



right now there is another little matter of my beef re whether Alex ( my step-son) shouldn't be treated as a home student - having been resident in the EU for over three years....

mmmmmm



Joined: 19/12/2008
Posts: 8398

Message Posted:
09/05/2010 11:23

oops DD,



I quoted the bit re an EU member and his EU family members..



Article 3



Beneficiaries :



2. Without prejudice to any right to free movement and

residence the persons concerned may have in their own right,

the host Member State shall, in accordance with its national

legislation, facilitate entry and residence for the following

persons:

(a) any other family members, irrespective of their nationality,

not falling under the definition in point 2 of Article 2 who,

in the country from which they have come, are dependants

or members of the household of the Union citizen having

the primary right of residence,



It couldn't be clearer.... Ireland has already fallen foul re the EU Commission re incorrect interpretation/ implementation of the Directive.

mmmmmm



Joined: 19/12/2008
Posts: 8398

Message Posted:
09/05/2010 11:27

Page 5



article 5



2. Family members who are not nationals of a Member State

shall only be required to have an entry visa in accordance with

Regulation (EC) No 539/2001 or, where appropriate, with

national law. >> For the purposes of this Directive, possession of

the valid residence card referred to in Article 10 shall exempt

such family members from the visa requirement. <<



Page 7

Article 10



Article 10

Issue of residence cards

1. The right of residence of family members of a Union

citizen who are not nationals of a Member State shall be

evidenced by the issuing of a document called ‘Residence card

of a family member of a Union citizen’ ....



My Family members HAVE such a Residence card - that is what we had to FIGHT for in the UK / RoC.. now we have it WHY are France and EIRE so fragrantly breaking the rules of this Directive ?

mmmmmm



Joined: 19/12/2008
Posts: 8398

Message Posted:
19/05/2010 20:05

UPDATE



I also wrote to France and Germany, as their respective UK websites had some info that didn't comply with this EU law ( Directive)



They have BOTH apologised and rectified their web site info - my family members can now travel freely without a Visa and Germany says they can all post applications for priority Shengen Visas [ free of charge ] - allowing them independent travel - I won't NEED to accompany them, be waiting for 'em at the port / airport !!





So, come on Eire, stop p*ssing about and COMPLY... ;)

dublinderm


Joined: 26/09/2009
Posts: 538

Message Posted:
20/05/2010 17:44

Ok Mark,

First I recognise you have done a great deal more work on this subject than I have, and I am quite prepared to be proven wrong.



Both Directives 58 and 38 of the European Parliament and Council of 29 April 2004 cover the subjects of the free movement of EU citizens and their 'dependants' including dependants who are non-EU/EEA citizens. Both directives seek to give effect to the provisions of Council Regulation (EC) 539/2001.



Unfortunately, the preamble to CR (EC) 539/2001 states the following;



In accordance with Article 1 of the protocol on the position of Ireland and the UK ...... and without prejudice to Article 4 thereof, Ireland and the UK do not apply CR (EC) 539/2001.



I think this was the 'out' used by UK IRL when the Shengen agreement was drawn up.



Try the website gov.ie where there is a lot of information about immigration and residence. It seems to suggest a new more friendly system will come into place on 1 June 2010.



Good Luck!





DD

mmmmmm



Joined: 19/12/2008
Posts: 8398

Message Posted:
20/05/2010 18:11

Dear DD



Thanks for your input ;)



THIS was the very 'excuse' used by Eire's man at the London Embassy... it is not valid.



Eire did NOT opt out of 2004/38/EC - which provisioned the right of non EU national family members with Residency Cards saying " family member of EEA national"



The EU even has a legal opinion on Ireland's inappropriate transposition of 2004/38/EC - here is a copy from the letter I sent to the Embassy.



>>Dear xx,



Thanks for your prompt response.



We note your your reference to 539/2001, but AGAIN(!) remind you that Ireland was a signatory to the newer Directive 2004/38/EC and your implementation of same does not include provision for the "family members of EEA nationals" Residence cards issued under 2004/38/EC.



I refer you to the EU's Justice website, where legal opinion is offered to the areas of non-compliance by Eire



http://ec.europa.eu/justice_home/doc_centre/citizenship/movement/doc/ireland_table_of_correspondence_en.pdf <<

mmmmmm



Joined: 19/12/2008
Posts: 8398

Message Posted:
20/05/2010 18:15

cont..



DD..



Just to be clear the EU Commission legal eagle notes [ top of page nine, RHS]



"The problem with transposition of this

provision is that no attempt has been made to

transpose the exemption for valid residence

card holders."





It is PERFECTLY clear.. EIRE signed up to 2004/38/EC and MUST implement the spirit of the Directive..

dublinderm


Joined: 26/09/2009
Posts: 538

Message Posted:
20/05/2010 20:15

As I said, I was prepared to be proven wrong.



Maybe 1st June will lead to a positive change.



Check http://www.gov.ie under Dept. of Justice or Citizens Information.



Good Luck again.



DD

spider


Joined: 03/01/2009
Posts: 5527

Message Posted:
20/05/2010 20:40

Congratulations Mr and Mrs all the MMMMMs.. Wishing you all the very best.







Spider,X

mmmmmm



Joined: 19/12/2008
Posts: 8398

Message Posted:
21/05/2010 20:15

Hi DD !



re 44



I KNOW you are trying to help.. ;)



Re 45 Thx



We are off to try crossing to France .. Looking fwd to it being an undramatic crossing - esp at the French entry point



Next we will 'test' the Irish ;)

mmmmmm



Joined: 19/12/2008
Posts: 8398

Message Posted:
27/05/2010 10:06

Just back from trip to NL - via France and Belgium... NO problems with immigration - no stamps in Veta's passport - treated her like any EU citizen..



All that effort to get the Residency Card was worth it...



NOTHING from IRL, yet :(