No UK Visa needed for non-eu members of EU citizens families
Discussion
Another one today to go with the obesity ruling. May as well just save the money and close down Uk border police!!
http://www.theguardian.com/uk-news/2014/dec/18/non...
http://www.theguardian.com/uk-news/2014/dec/18/non...
eu said:
Britain cannot impose a blanket visa requirement on family members originally from outside Europe but who have valid EU residence rights, European court of justice has ruled.
The decision is another setback in the government’s campaign to control immigration from the European Union.
Concluding that the EU’s freedom of movement rules trumped British claims that visas were needed to combat abuse of the EU residence card system, the judges in Luxembourg said the Colombian wife of Sean McCarthy, a dual British and Irish national living in Spain, did not need a UK visa or family permit to visit Britain
The UK is disappointed with the judgment in this case,” said a government spokesman. “As the case is still to return to the UK’s high court for a final judgment, it would be inappropriate to comment further.”
The decision is another setback in the government’s campaign to control immigration from the European Union.
Concluding that the EU’s freedom of movement rules trumped British claims that visas were needed to combat abuse of the EU residence card system, the judges in Luxembourg said the Colombian wife of Sean McCarthy, a dual British and Irish national living in Spain, did not need a UK visa or family permit to visit Britain
The UK is disappointed with the judgment in this case,” said a government spokesman. “As the case is still to return to the UK’s high court for a final judgment, it would be inappropriate to comment further.”
Eric Mc said:
The individual who instigated the case is a Brit, by the way (living in Spain with a Colombian wife).
And that matters why? If he was living in the UK he would be unable to bring his wife over without going through the proper process. So another EU back-door opens.Its the ideological 'pillar' of Eu freedom of movement being sacrosanct that is the issue.
King Herald said:
unrepentant said:
Seems perfectly sensible. She's married to an EU national so of course she should travel freely in Europe.
So marrying some Russian pen pal I met last week entitles her to a UK passport/visa/access then?I'm married to an American and I live in the USA. Here's their very sensible system. Prior to being married I was vetted extensively, had to prove that either I could support myself basically forever or that my wife could support me, that I had no criminal record and that I wasn't bring a communicable disease into the country. After we were married I was issued with permanent residency (green card). Initially my green card was good for 2 years and we then had to re-apply. If in the intervening 2 years we had split up or whatever I would have had to prove that our marriage had been genuine. Having satisfied them that all was kosher I was issued with my new permanent residency.
If I want an American passport I have to apply to become a citizen.
Yazar said:
Another one today to go with the obesity ruling. May as well just save the money and close down Uk border police!!
http://www.theguardian.com/uk-news/2014/dec/18/non...
UKIP is right we will only regain control of our borders if we leave the EU.http://www.theguardian.com/uk-news/2014/dec/18/non...
eu said:
Britain cannot impose a blanket visa requirement on family members originally from outside Europe but who have valid EU residence rights, European court of justice has ruled.
The decision is another setback in the government’s campaign to control immigration from the European Union.
Concluding that the EU’s freedom of movement rules trumped British claims that visas were needed to combat abuse of the EU residence card system, the judges in Luxembourg said the Colombian wife of Sean McCarthy, a dual British and Irish national living in Spain, did not need a UK visa or family permit to visit Britain
The UK is disappointed with the judgment in this case,” said a government spokesman. “As the case is still to return to the UK’s high court for a final judgment, it would be inappropriate to comment further.”
The decision is another setback in the government’s campaign to control immigration from the European Union.
Concluding that the EU’s freedom of movement rules trumped British claims that visas were needed to combat abuse of the EU residence card system, the judges in Luxembourg said the Colombian wife of Sean McCarthy, a dual British and Irish national living in Spain, did not need a UK visa or family permit to visit Britain
The UK is disappointed with the judgment in this case,” said a government spokesman. “As the case is still to return to the UK’s high court for a final judgment, it would be inappropriate to comment further.”
As is often the case, this particular case has its own specific issues -
the claimant is a UK citizen
he lives in another EU country
he has family and friends in the UK
he is free to move wherever he wants within the EU
he has married a lady from Colombia
she has acquired full rights to live in Spain (an EU country)
she is being asked to apply for a visitor's visa every time she and her husband visits the UK
the UK is ignoring the fact that she has a right to live in the EU
The court judgement has ruled that because she has acquired a right to live in the EU, she should not be hindered in her movements within the EU.
As Jaglover says, leaving the EU would change all that for the UK, although it would massively inconvenience the millions of UK citizens who happily move around the EU presently, take up jobs in the EU and buy property and settle in other EU countries - but that's a separate issue.
the claimant is a UK citizen
he lives in another EU country
he has family and friends in the UK
he is free to move wherever he wants within the EU
he has married a lady from Colombia
she has acquired full rights to live in Spain (an EU country)
she is being asked to apply for a visitor's visa every time she and her husband visits the UK
the UK is ignoring the fact that she has a right to live in the EU
The court judgement has ruled that because she has acquired a right to live in the EU, she should not be hindered in her movements within the EU.
As Jaglover says, leaving the EU would change all that for the UK, although it would massively inconvenience the millions of UK citizens who happily move around the EU presently, take up jobs in the EU and buy property and settle in other EU countries - but that's a separate issue.
Eric Mc said:
As Jaglover says, leaving the EU would change all that for the UK, although it would massively inconvenience the millions of UK citizens who happily move around the EU presently, take up jobs in the EU and buy property and settle in other EU countries - but that's a separate issue.
Are you saying it would be impossible for the UK to negotiate a sensible free movement arrangement with the rump EU going forward?Of course I'm not - but it would have to be negotiated as a separate deal - and that could take quite a while - depending on how much the UK would intends to antagonise it's EU neighbours.
The UK could end up in EFTA, unless of course, the current EFTA members object. They may not want a trouble maker in their midsts.
My main concern about the UK leaving the EU is that it would sound the ultimate death knell of the UK as other regions of the UK have quite different views on the EU.
The UK could end up in EFTA, unless of course, the current EFTA members object. They may not want a trouble maker in their midsts.
My main concern about the UK leaving the EU is that it would sound the ultimate death knell of the UK as other regions of the UK have quite different views on the EU.
unrepentant said:
Obviously not. I don't think anyone is suggesting that any non UK national should be issued with a UK passport.
I'm married to an American and I live in the USA. Here's their very sensible system. Prior to being married I was vetted extensively, had to prove that either I could support myself basically forever or that my wife could support me, that I had no criminal record and that I wasn't bring a communicable disease into the country. After we were married I was issued with permanent residency (green card). Initially my green card was good for 2 years and we then had to re-apply. If in the intervening 2 years we had split up or whatever I would have had to prove that our marriage had been genuine. Having satisfied them that all was kosher I was issued with my new permanent residency.
If I want an American passport I have to apply to become a citizen.
That sounds a sensible system to me. For that reason we won't get anything like it here.I'm married to an American and I live in the USA. Here's their very sensible system. Prior to being married I was vetted extensively, had to prove that either I could support myself basically forever or that my wife could support me, that I had no criminal record and that I wasn't bring a communicable disease into the country. After we were married I was issued with permanent residency (green card). Initially my green card was good for 2 years and we then had to re-apply. If in the intervening 2 years we had split up or whatever I would have had to prove that our marriage had been genuine. Having satisfied them that all was kosher I was issued with my new permanent residency.
If I want an American passport I have to apply to become a citizen.
And it might very well do so again.
But be prepared for rows and ructions on these islands if "England" decides it wants out and the rest doesn't.
We will end up labelling Scots, Welsh and Northern Irish as "immigrants" - as we did in 1707.
It would be an odd way for the IRA to claim a victory.
But be prepared for rows and ructions on these islands if "England" decides it wants out and the rest doesn't.
We will end up labelling Scots, Welsh and Northern Irish as "immigrants" - as we did in 1707.
It would be an odd way for the IRA to claim a victory.
Eric Mc said:
And it might very well do so again.
But be prepared for rows and ructions on these islands if "England" decides it wants out and the rest doesn't.
We will end up labelling Scots, Welsh and Northern Irish as "immigrants" - as we did in 1707.
It would be an odd way for the IRA to claim a victory.
Don't get me wrong a proper federal UK would probably be the best solution I am just not particularly bothered if the union does break up.But be prepared for rows and ructions on these islands if "England" decides it wants out and the rest doesn't.
We will end up labelling Scots, Welsh and Northern Irish as "immigrants" - as we did in 1707.
It would be an odd way for the IRA to claim a victory.
It would make people finally realise now what they should have done with the Suez crises all those years ago, the UK is no longer one of the great powers and we should have polices to suit our circumstances. IMO Pushing some pan European super-state to once again feel important is another exercise in futility as well.
Eric Mc said:
As is often the case, this particular case has its own specific issues -
the claimant is a UK citizen
he lives in another EU country
he has family and friends in the UK
he is free to move wherever he wants within the EU
he has married a lady from Colombia
she has acquired full rights to live in Spain (an EU country)
she is being asked to apply for a visitor's visa every time she and her husband visits the UK
the UK is ignoring the fact that she has a right to live in the EU
The court judgement has ruled that because she has acquired a right to live in the EU, she should not be hindered in her movements within the EU.
As Jaglover says, leaving the EU would change all that for the UK, although it would massively inconvenience the millions of UK citizens who happily move around the EU presently, take up jobs in the EU and buy property and settle in other EU countries - but that's a separate issue.
Ericthe claimant is a UK citizen
he lives in another EU country
he has family and friends in the UK
he is free to move wherever he wants within the EU
he has married a lady from Colombia
she has acquired full rights to live in Spain (an EU country)
she is being asked to apply for a visitor's visa every time she and her husband visits the UK
the UK is ignoring the fact that she has a right to live in the EU
The court judgement has ruled that because she has acquired a right to live in the EU, she should not be hindered in her movements within the EU.
As Jaglover says, leaving the EU would change all that for the UK, although it would massively inconvenience the millions of UK citizens who happily move around the EU presently, take up jobs in the EU and buy property and settle in other EU countries - but that's a separate issue.
Thanks for that I did assume she had to have rights to residency in Spain but notice the news report ignores it.
Also I assume it would be very easy for her to get a UK visa as a family member but for that he would need to live in the UK.
I also assume this was less about getting a tourist visa, which last for a year but about that she would have to fly to Columbia to apply.
Does seem to me a sensible decision.
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