tag:blogger.com,1999:blog-8704899696538705849.post8608808527404852385..comments2024-03-18T08:43:44.434-07:00Comments on EU Law Analysis: The CJEU confirms short-term free movement rights for EU citizens’ third-country family members Steve Peershttp://www.blogger.com/profile/05869161329197244113noreply@blogger.comBlogger52125tag:blogger.com,1999:blog-8704899696538705849.post-14186200694480030422022-07-14T03:41:00.902-07:002022-07-14T03:41:00.902-07:00This comment has been removed by a blog administrator.postcardsnoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-75063021990248467502021-10-03T23:43:57.002-07:002021-10-03T23:43:57.002-07:00This comment has been removed by a blog administrator.miawrihttps://www.blogger.com/profile/15519227137487411654noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-57397873827167420832016-03-14T13:51:33.789-07:002016-03-14T13:51:33.789-07:00That is to say that I was 100% sure that they were...That is to say that I was 100% sure that they were wrong about the visa requirement. I was proved right by the email received from the Swedish consulate which clearly said no visa was required.A. Rosenhttp://www.freegoodeducation.orgnoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-18470961685314002702016-03-14T00:51:35.762-07:002016-03-14T00:51:35.762-07:00I had never heard of passengers offering to refund...I had never heard of passengers offering to refund the carriers' sanctions before. I wonder how many airlines would be willing to go ahead and accept the risk on that basis - and what the response by governments would be if they did. Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-19986619263665821552016-03-13T06:14:01.715-07:002016-03-13T06:14:01.715-07:00Hi Steve,
Thanks for the quick response.
After ...Hi Steve,<br /><br />Thanks for the quick response.<br /> <br />After radioing their boss the supervisor mentioned that they receive new instructions from the Swedish embassy on weekly basis and that these instructions change all the time. They also said that if they send someone to Sweden without a valid visa, they could face a fine of £300, to which I've said that I am willing to sign a document accepting liability for such penalty, should there be one.A. Rosenhttp://www.freegoodeducation.orgnoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-52086370051628354112016-03-13T05:37:03.022-07:002016-03-13T05:37:03.022-07:00Quite obnoxious. Did they suggest in any way that ...Quite obnoxious. Did they suggest in any way that they were acting on advice from a government? If not it raises the novel legal question of whether a private party is liable for infringing free movement rights (there is a case called Angonese that suggests that they are, although in a different context). It may be simpler to argue that it is an unjustified breach of contract, given that you had already bought the tickets. There are separate EU and international laws on passengers' rights. Best to contact a lawyer before any court action as I can't advise on individual cases. Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-59688561461983577762016-03-13T04:43:33.584-07:002016-03-13T04:43:33.584-07:00Hello Steve,
Your last point about airlines refusi...Hello Steve,<br />Your last point about airlines refusing to let non-European spouses with a permanent resident card (Irish Stamp 4 card this time) is still true. My Ukrainian wife was refused boarding a flight to Stockholm just last week. The Stansted airport Ryan air staff simply wouldn't have it! Even though I've proved to them that she is my wife (it says on her Irish visa wife of... EU family member). we had our marriage certificate with us but to no avail. They also could see that she travelled to Norway without visa in the past. This seems to be a British phenomenon as in all other EU countries that we have travelled to, we didn't encounter such problems. I am a British citizen living in Ireland. Following this incident, I have written to the Swedish Consulate and their reply was "she does not need a visa to enter Sweden as long as she travels together with you". I am considering taking Ryan air to court as I have lost money for 4 flights, hotels and we had to sleep in Stansted airport together with our 4 & 6-year-old kids for one night. Then we had to purchase tickets back to Ireland.<br />Do you advise complaining to the airline and going to the Ombudsman or will it be better to pursue a claim in an Irish court (Ryan air is an Irish airline).<br /><br />Kind regards,<br />A. Rosenhttp://www.freegoodeducation.orgnoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-21937209401711906842016-01-27T06:53:48.583-08:002016-01-27T06:53:48.583-08:00Dear Steve, thank you very much for your quick rep...Dear Steve, thank you very much for your quick reply.Rajesh Chandunoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-53413677101888270442016-01-27T06:47:40.380-08:002016-01-27T06:47:40.380-08:00More precisely I am referring to the links in this...More precisely I am referring to the links in this blog post on the UK's implementation of McCarthy: http://eulawanalysis.blogspot.co.uk/2015/03/the-uk-implements-eu-free-movement-law.htmlSteve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-36274868870308317922016-01-27T06:46:20.977-08:002016-01-27T06:46:20.977-08:00Hi Rajesh, I can't give advice on individual c...Hi Rajesh, I can't give advice on individual cases. The ruling should mean that non-EU family members residing with EU citizens living in another Member State do not need a visa or family permit to visit the UK with that EU citizen, if the non-EU citizen has an Article 10 residence card. The UK implemented the ruling in April 2015. The links there may shed more light on how long a stay this applies to (in the UK government's view). And I have read stories of a lack of knowledge of the revised law by carriers and UK consular officials in some cases. Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-64746981152634335392016-01-27T06:12:41.761-08:002016-01-27T06:12:41.761-08:00Dear Steve you wrote above under "Comments&qu...Dear Steve you wrote above under "Comments": <br />"Today’s ruling will make it easier for those British citizens (as well as those who intend to live in another Member State permanently) to visit the UK with their third-country family members. It would only apply to them if their family members have obtained a residence card from their host Member State, though."<br /><br /><br />I am a British national, residing in the Netherlands and my wife is a non-EEA national from India who has an Article 10 residence card issued in the Netherlands.<br /><br />I am interpreting your comment and previous posts that "The McCarthy judgment means my wife does not need a visa or EEA family permit to vist the UK for a short stay", correct ?<br /><br /><br />In addtion, how many "weeks" would qualify for a short stay visit ? <br /><br />Can anyone please share or confirm having their non-EEA spouse of a British national, being able to entry the UK without a EEA Family permit since 6 April 2015 ?<br /><br /><br /><br /><br />Rajesh Chandunoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-71172701108564813012015-10-19T01:15:49.619-07:002015-10-19T01:15:49.619-07:00I can't advise on individual cases. In princip...I can't advise on individual cases. In principle everyone with a permanent residence card issued to a non-EU family member of an EU citizen living in another Member State can visit (if travelling with their EU family member) another Member State without a short-term visa, according to the McCarthy judgment discussed here. The UK implemented this ruling in April 2015. However there are reports that some airlines are not properly applying this rule in practice, in part due to faulty advice from UK consulates. Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-70090446790390319842015-10-14T04:42:37.948-07:002015-10-14T04:42:37.948-07:00I hold a carta di soggiorno(eu permanent residence...I hold a carta di soggiorno(eu permanent residence card), it has the following words stamped on ut:"Permanent residence card issued on behalf of an eu citizen family members who are not citizens of an eu member state" I'm from a non eu country (Nigeria),my mother is Italian citizen but works in the UK. Can I travel to the UK without a visa? Your reply and advice will be highly appreciated. ThanksAnonymoushttps://www.blogger.com/profile/13232311416419572449noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-57136331906629814642015-09-11T08:38:39.950-07:002015-09-11T08:38:39.950-07:00I want to know if in McCarthy judgement (2014) a n...I want to know if in McCarthy judgement (2014) a non-eu spouse of a british national (who is exercising his eu treaty rights under surinder singh route IN Ireland) with temporary stamp4 awaiting her EUFAM4 residence card can accompany her british spouse to the uk for 1week without a family permit?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-42765192615743393672015-08-19T02:59:33.773-07:002015-08-19T02:59:33.773-07:00I can't comment on individual cases. In princi...I can't comment on individual cases. In principle since the UK has implemented the McCarthy judgment someone in your situation would not need a visa or EEA family permit to visit the UK, as the residence card is sufficient. Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-82619844125175581122015-08-16T22:51:51.747-07:002015-08-16T22:51:51.747-07:00my wife and daughter both are british citizen and...my wife and daughter both are british citizen and we all are living in italy and want to visit uk for two weeks i have article 10 residence card i got it from italy where we are staying. shall I travel to uk without eea family permit or still I need it <br />Khattakhttps://www.blogger.com/profile/17236927987115718194noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-31878696452423622452015-08-11T13:08:00.793-07:002015-08-11T13:08:00.793-07:00Dear Rahim, Hi, please enlighten me, I am in a sim...Dear Rahim, Hi, please enlighten me, I am in a similar situation and would be grateful if you could advise if were you able to enter the UK without a problem. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-2730474116198867092015-08-10T06:37:31.045-07:002015-08-10T06:37:31.045-07:00I can't give advice on individual cases. In ge...I can't give advice on individual cases. In general, my reading of the case law is that the CJEU always insists that the non-EU family member travels together with the EU citizen for any purpose under the Directive. There is the more radical view, however, that for the purposes of short-term visits, the third-country national with a residence card can travel and invoke the visa exemption by himself or herself alone. You can see the argument for that point of view (and the reasons I disagree with it) in the earlier comments on this post.. . Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-34736116668709847712015-08-10T06:30:26.497-07:002015-08-10T06:30:26.497-07:00I holds a comunitario Permanente residence card is...I holds a comunitario Permanente residence card issued by Spanish Immigration. I got this after I divorced my Dutch citizen wife as our marriage lasted for three years and I was able to proove source of income to take care of my wife therefore I was told by the Spanish Immigration that I have the right to retain the status of comunitario. I want to know if I can travel to the United Kingdom and Ireland with my comunitario Permanente residence cardAnonymoushttps://www.blogger.com/profile/12735808997855892969noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-9388859076050664022015-05-13T04:52:25.981-07:002015-05-13T04:52:25.981-07:00That depends on whether you live in the UK or anot...That depends on whether you live in the UK or another Member State. If the latter, you should not need a visa if you have the residence card referred to in Article 10 of the EU citizens Directive. If the former, you do need a visa but the process should be simpler because you will be travelling with an EU citizen. Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-77011661682544431562015-05-13T02:03:12.042-07:002015-05-13T02:03:12.042-07:00Hi im pakistani i got spouse visa n my wife is bri...Hi im pakistani i got spouse visa n my wife is british we want to go Spain for holidyddo i need visa for spain or we can go without visazee Yusufnoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-57020622097645379452015-05-11T16:52:07.883-07:002015-05-11T16:52:07.883-07:00I can't give advice on individual cases. But s...I can't give advice on individual cases. But since the UK has implemented the McCarthy judgment on April 6th in principle someone in your position should be able to visit the UK for a short stay without a visa, although there might be some problems applying the new rules in practice. On the other hand the UK still expects people in your position to get an 'EEA family permit' in practice if you wish to stay for a longer period in the UK.Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-20952787426172834842015-05-10T16:37:09.894-07:002015-05-10T16:37:09.894-07:00my husband has a british citizen passport and as w...my husband has a british citizen passport and as well my 8 month old daughter, we want to visit uk for two weeks i have article 10 residence card i got it from norway where we are staying. can i enter ukAnonymoushttps://www.blogger.com/profile/14349377845908635910noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-44350121847076025732015-04-29T03:57:16.049-07:002015-04-29T03:57:16.049-07:00Thanks for your question. In principle the airline...Thanks for your question. In principle the airlines should have been informed by the UK of the revised rules as of April 6th, and should not apply sanctions. I don't know what is happening in practice.Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-52697909159134006302015-04-29T03:46:44.683-07:002015-04-29T03:46:44.683-07:00What is the situation of airline carrier sanctions...What is the situation of airline carrier sanctions regime, will the airlines continue to bar people from travelling to the UK?Kefle Yohanneshttps://www.blogger.com/profile/05699911183680757113noreply@blogger.com