Scandinavian guidelines to Surinder Singh route
https://www.facebook.com/notes/eea-visa-eu-free-movement/scandinavian-guidelines-to-ss-route/756686434381876
By Kim Pedersen Nyberg of the Danish NGO Ægteskab Uden Grænser ("Marriages Without Borders").
'If anyone is considering exercising treaty rights in any of the Scandinavian countries, here are links to the public immigration authorities in Finland, Sweden, Norway and Denmark. Also links to NGOs where available.
Showing posts with label finland. Show all posts
Showing posts with label finland. Show all posts
Saturday, 5 July 2014
Wednesday, 11 December 2013
Wayne & Meliana
“The Home Office disregards Zambrano and human rights.”
Wayne is a British citizen married to Meliana, from Indonesia. Wayne and Meliana have two children together, Chloe (4) and Charlie (1) who are also British citizens. Wayne also has a child from a previous relationship: Joshua, also British. Wayne is clear: it would not be in the best interests of the children to leave the UK.
Notwithstanding the very restrictive immigration policy in Indonesia, it is not feasible for Wayne to leave the UK as doing so would mean Joshua loses contact with his father, stepmother and brother and sister.
Meliana and Wayne met whilst she was on a tourist visa in the UK. They quickly became friends, and were soon dating. It wasn't long before Meliana fell pregnant.
Knowing the situation, they approached a solicitor to discuss their options. They were advised to wait until after the birth of their child before proceeding further - as at this point the best interests of the British child would come into play.
Chloe was born in September 2009 - clearly dependent on her mother, Meliana's residence once again became legal at this point under Article 20 of the TFEU - See Zambrano: http://pearsall.eu/2013/07/case-c-3409-ruiz-zambrano/).
In 2010, Meliana began applying for a visa as the unmarried partner of Wayne noting she was the mother of Chloe. In February, the UKBA came knocking at their door. Their application was filed in May 2010 and six months later, the visa was refused – disregarding the best interest of the child, Chloe. http://pearsall.eu/2010/11/refusal-of-flrm-application/
Between February 2010 and February 2013, Meliana reported to the Immigration Reporting Centre in Solihull. The family spent money speaking with solicitors on the different elements of their case. Each time, to no avail.
In January 2013, it became clear that the 'requirement to report' was not in fact a requirement, as Meliana's residence within the country was in fact legal – if nothing else, on grounds of Zambrano. The Home Office threatened Meliana with detention and fines. They did however back down when challenged to carry out their threats:
http://pearsall.eu/2013/04/response-to-challenging-the-ise-343/
Their second child, Charlie, was then born in July 2012.
It came to Wayne's attention that the fact that he had worked in Finland prior to meeting Meliana might be beneficial, along with various other ventures conducted cross border within the EU.
In January 2013, Meliana completed her application form for a residence permit on the basis of being the primary carer of British citizens They emphasised Wayne fell into the category of Carpenter.
Meliana subsequently received a Certificate of Application for the period taken to process the application. However, in July 2013, the refusal notice came through:
http://pearsall.eu/2013/07/zambrano-and-regulation-9-refusal-notices/
Once again, no consideration of the best interests of the child as before, but this time, human rights also disregarded.
The family is now awaiting an appeal, a process which is taking over six months.
'At two and three years old respectively, it is considered that x and y are of an age where they would be able to readjust to life without you' :
http://britcits.blogspot.co.uk/2013/08/on-behalf-of-secretary-of-state-for.html
http://www.freemovement.org.uk/2013/08/24/home-office-refusal-letter-young-children/
Background on Zambrano: http://www.freemovement.org.uk/2011/03/22/zambrano-considered/
Background on Mary Carpenter : http://heinonline.org/HOL/LandingPage?handle=hein.journals/kingsclj14&div=7&id=&page=
More posts on Zambrano : http://britcits.blogspot.co.uk/search/label/zambrano
More posts on European free movement : http://britcits.blogspot.co.uk/search/label/europe
“The Home Office disregards Zambrano and human rights.”
Wayne is a British citizen married to Meliana, from Indonesia. Wayne and Meliana have two children together, Chloe (4) and Charlie (1) who are also British citizens. Wayne also has a child from a previous relationship: Joshua, also British. Wayne is clear: it would not be in the best interests of the children to leave the UK.
Notwithstanding the very restrictive immigration policy in Indonesia, it is not feasible for Wayne to leave the UK as doing so would mean Joshua loses contact with his father, stepmother and brother and sister.
Meliana and Wayne met whilst she was on a tourist visa in the UK. They quickly became friends, and were soon dating. It wasn't long before Meliana fell pregnant.
Knowing the situation, they approached a solicitor to discuss their options. They were advised to wait until after the birth of their child before proceeding further - as at this point the best interests of the British child would come into play.
Chloe was born in September 2009 - clearly dependent on her mother, Meliana's residence once again became legal at this point under Article 20 of the TFEU - See Zambrano: http://pearsall.eu/2013/07/case-c-3409-ruiz-zambrano/).
In 2010, Meliana began applying for a visa as the unmarried partner of Wayne noting she was the mother of Chloe. In February, the UKBA came knocking at their door. Their application was filed in May 2010 and six months later, the visa was refused – disregarding the best interest of the child, Chloe. http://pearsall.eu/2010/11/refusal-of-flrm-application/
Between February 2010 and February 2013, Meliana reported to the Immigration Reporting Centre in Solihull. The family spent money speaking with solicitors on the different elements of their case. Each time, to no avail.
In January 2013, it became clear that the 'requirement to report' was not in fact a requirement, as Meliana's residence within the country was in fact legal – if nothing else, on grounds of Zambrano. The Home Office threatened Meliana with detention and fines. They did however back down when challenged to carry out their threats:
http://pearsall.eu/2013/04/response-to-challenging-the-ise-343/
Their second child, Charlie, was then born in July 2012.
It came to Wayne's attention that the fact that he had worked in Finland prior to meeting Meliana might be beneficial, along with various other ventures conducted cross border within the EU.
In January 2013, Meliana completed her application form for a residence permit on the basis of being the primary carer of British citizens They emphasised Wayne fell into the category of Carpenter.
Meliana subsequently received a Certificate of Application for the period taken to process the application. However, in July 2013, the refusal notice came through:
http://pearsall.eu/2013/07/zambrano-and-regulation-9-refusal-notices/
Once again, no consideration of the best interests of the child as before, but this time, human rights also disregarded.
The family is now awaiting an appeal, a process which is taking over six months.
'At two and three years old respectively, it is considered that x and y are of an age where they would be able to readjust to life without you' :
http://britcits.blogspot.co.uk/2013/08/on-behalf-of-secretary-of-state-for.html
http://www.freemovement.org.uk/2013/08/24/home-office-refusal-letter-young-children/
Background on Zambrano: http://www.freemovement.org.uk/2011/03/22/zambrano-considered/
Background on Mary Carpenter : http://heinonline.org/HOL/LandingPage?handle=hein.journals/kingsclj14&div=7&id=&page=
More posts on Zambrano : http://britcits.blogspot.co.uk/search/label/zambrano
More posts on European free movement : http://britcits.blogspot.co.uk/search/label/europe
Sunday, 5 May 2013
Exercising free movement, redux
Another post about someone's experience of exercising free movement in Europe, mirrored from here :
http://www.expatforum.com/expats/britain-expat-forum-expats-living-uk/153074-eea-nationals-spouse-successfully-entered-without-fp-now-what.html
Earlier today : http://britcits.blogspot.co.uk/2013/05/exercising-free-movement-someones.html
---
1st May 2013, 10:37 PM
This post has two purposes: 1) to share our experience of entering UK as an EEA national and non-EEA spouse without a Family
Permit, and 2) to request advice on the next steps.
First the report. The starting point was that I and my Japanese wife were living in Finland. I then accepted a job offer in the UK. There wasn't enough time to apply for a Family Permit for her, because the next available time at the mobile biometric clinic in Helsinki was beyond my job start date. So we decided to go for the "Code 1A" route described on this forum. We simply got on the plane with the following documentation at hand: i) my contract, ii) an extract from the Finnish population registry (official English translation) to prove our marriage, iii) a printed copy of the Border Force Operations Manual EEA Nationals (often quoted on this forum) and iv) a printed copy of the UKBA EEA family permits guidance.
Once arrived, my wife filled in a landing card, indicating that she intended to stay for a number of years (as a Japanese national she would normally be entitled to enter and remain for only six months without a visa). We approached the immigrations together and I simply said that I'm a Finnish national moving to UK to work and that this is my wife. The official checked her passport, noted the absence of a visa or Family Permit, and said that she "needs" one. I said that we didn't have time to apply for one and that we've understood that she could instead get a Code 1A stamp at the border. The official then excused himself and went away with the passport for about three minutes. When he got back, he said everything was ok and stamped the passport. He didn't ask for any documentation such as a marriage certificate at any point. But the stamp that she got is the same 6-month one as she would get when entering the UK as a tourist.
The whole business lasted perhaps five minutes and the official was very polite throughout. However, I wonder what would have happened if we hadn't asserted ourselves and specifically requested the Code 1A. Would he have insisted on a visa and sent her back? Or just eventually given her the Code 1A (i.e. tourist?) stamp? I'm guessing the latter actually. The fact that Japanese nationals can enter for 6 months without a visa perhaps made things easier for us than they are for those entering from visa countries.
----
As for the next steps, I had it all planned out based on what I've read on this forum before: Apply for EEA1 for me and EEA2 for her, both at the same time. However, this border official advised us that she should now apply for a Family Permit within UK. This confuses me. I thought the FP was only needed for getting into the country for in the first place, and that after that its usefulness would be limited. I thought that from now on, the residence card (EEA2) would be the thing that is needed for seeking employment, smoothing subsequent entries, etc. But the official flatly contradicted this, saying that the FP is what gives her EEA rights, establishes the permission work and so on, and that the residence card is not necessarily sufficient documentation for re-entry.
My suspicion is that the official perhaps didn't quite know what he was talking about, and that we should stick with the original plan and go for EEA1 and EEA2 now. But I'd like to hear your opinions -- should she go for EEA2 or FP? To make matters slightly more complicated, she needs to travel abroad for a few days in about 1.5 months from now, so she'd need to have her passport back by then.
View from the free world :
Another post about someone's experience of exercising free movement in Europe, mirrored from here :
http://www.expatforum.com/expats/britain-expat-forum-expats-living-uk/153074-eea-nationals-spouse-successfully-entered-without-fp-now-what.html
Earlier today : http://britcits.blogspot.co.uk/2013/05/exercising-free-movement-someones.html
---
1st May 2013, 10:37 PM
This post has two purposes: 1) to share our experience of entering UK as an EEA national and non-EEA spouse without a Family
Permit, and 2) to request advice on the next steps.First the report. The starting point was that I and my Japanese wife were living in Finland. I then accepted a job offer in the UK. There wasn't enough time to apply for a Family Permit for her, because the next available time at the mobile biometric clinic in Helsinki was beyond my job start date. So we decided to go for the "Code 1A" route described on this forum. We simply got on the plane with the following documentation at hand: i) my contract, ii) an extract from the Finnish population registry (official English translation) to prove our marriage, iii) a printed copy of the Border Force Operations Manual EEA Nationals (often quoted on this forum) and iv) a printed copy of the UKBA EEA family permits guidance.
Once arrived, my wife filled in a landing card, indicating that she intended to stay for a number of years (as a Japanese national she would normally be entitled to enter and remain for only six months without a visa). We approached the immigrations together and I simply said that I'm a Finnish national moving to UK to work and that this is my wife. The official checked her passport, noted the absence of a visa or Family Permit, and said that she "needs" one. I said that we didn't have time to apply for one and that we've understood that she could instead get a Code 1A stamp at the border. The official then excused himself and went away with the passport for about three minutes. When he got back, he said everything was ok and stamped the passport. He didn't ask for any documentation such as a marriage certificate at any point. But the stamp that she got is the same 6-month one as she would get when entering the UK as a tourist.
The whole business lasted perhaps five minutes and the official was very polite throughout. However, I wonder what would have happened if we hadn't asserted ourselves and specifically requested the Code 1A. Would he have insisted on a visa and sent her back? Or just eventually given her the Code 1A (i.e. tourist?) stamp? I'm guessing the latter actually. The fact that Japanese nationals can enter for 6 months without a visa perhaps made things easier for us than they are for those entering from visa countries.
----
As for the next steps, I had it all planned out based on what I've read on this forum before: Apply for EEA1 for me and EEA2 for her, both at the same time. However, this border official advised us that she should now apply for a Family Permit within UK. This confuses me. I thought the FP was only needed for getting into the country for in the first place, and that after that its usefulness would be limited. I thought that from now on, the residence card (EEA2) would be the thing that is needed for seeking employment, smoothing subsequent entries, etc. But the official flatly contradicted this, saying that the FP is what gives her EEA rights, establishes the permission work and so on, and that the residence card is not necessarily sufficient documentation for re-entry.
My suspicion is that the official perhaps didn't quite know what he was talking about, and that we should stick with the original plan and go for EEA1 and EEA2 now. But I'd like to hear your opinions -- should she go for EEA2 or FP? To make matters slightly more complicated, she needs to travel abroad for a few days in about 1.5 months from now, so she'd need to have her passport back by then.
View from the free world :
Friday, 15 March 2013
Out of the woodwork
Stories of people affected by the rules in the comments section on this piece on the APPG :
http://www.migrantsrights.org.
---
Hiii i just found out about this website today when trying to such some answers to my deverstating news of immigration rules, im so depress and out of love how could they do this to us taking away our human right the right to family life, this is total discrimination aganst human right and there dare to say that people with disabilities they are exempted i wonder why do they love or feel different from others shame on discrimination law.
I have baby who she is going to be 2yrs soon and we were planning to get marrried with her dad in august but everything changed now im working part time with my income 600 per month this cost me love and dad to my baby this is so much touchering i have never come across its is so painful even to talk about it right now.
evertime i look at my baby im thinking you going to grow up without dad around when your big enough to understand go blame David for this took away the most precious thing in your life, surely they should put themselves in our shoes.
.
---
Hi there..like many people in the uk i am very sad as next year after struggling so hard to save me and my fiance(who lives in philippines)was planning for her to come and live with me in the uk..sadly because of the new financial rule being set so high and me being a working class person on a lower wage this now can not happen..i am hoping that the price it has cost me and my love will at least be lowered so that we can be together in the uk..that is all i am asking and its really not a lot to ask to be happy with the one you love..elaine.
.
---
It just goes to show how out of touch they are.. if its about not claiming benefits then well make that the rule! I married my wife 17 years ago I was still a student.. no money at all. My mum helped us a bit.. I had a room and we had food.. I have never ever claimed benefits. Neither has she. Quite frankly the rules are discusting and you dont need 64000 in savings to live without benefits.. shows you what the rich politicians think a bare living amount is.. still them seem to not hold that view when giving out benefits.. So whatever the benefits would give (which must be enough).. x2 should be the minimum amount you have to earn, and fine make no benefits a rule... its really bad..
.
---
I am so happy to have found this and to see that there are people out there trying to do something about these appalling new laws that target only actual British people.
My partner is in South Africa, we have a 3 year old daughter and desperately want to be together as a family. My daughter and I moved back to the UK last year then her Daddy was here for a six month visitor visa and has now had to go back. In order to explain it to her I have told her Daddy needs a special ticket to come back here.
As a lone parent at this moment in time, earning £18,600 is IMPOSSIBLE!!
Let my partner come back and then for sure we will share child care and earn enough between us to live on. We live a very simple life BY CHOICE and there is NO WAY we need these huge amounts of money the government are stipulating. So long as we don't claim benefits whose business is it how much we have a month to live on. We use our money very wisely by choice like I said so that we don't have to work 8-6 every day and miss out on actually living and seeing our child grow up. Now the government wants to force me into full full full employment, put my 3 year old child in day care and never see her. That's all being I can actually find a job that pays that much! I CHOOSE to earn less, live frugally and enjoy being a mum. Now my child is without her father and I am alone......I am left wishing I was EU citizen....no financial threshold and free visa application. Come on guys surely its so obviously unfair its almost laughable!!!!!!
Meanwhile our family life exists only through Skype!
Thank you from the bottom of my heart to all those trying to get the situation turned round. I eagerly await the outcome...........
.
---
Everyone who spoke at the the session were fantastic, intelligent and passionate!!!! Thank God we're not all alone and the issue is finding a voice. I'm so angry having just listed to the first session! This is the single most wicked and heinous Act of Parliment in it's long history.
I won't go into my own situation too much but suffice it to say my wife and I (both living in Earthquake ravaged Christchurch, New Zealand) are just as ripped off as all the other thousands out there.
Teresa May and her henchmen should be ashamed and embarrassed after what they've done and resign. Not only should these despicable law changes be quashed but the government should apologise and compensate every single person they've deprived of their human rights and DIGNITY!!! It's also shocking how uneducated the general public is about HOW this government is slashing immigration by a third. Most people don't understand the real issues around immigration or realise we have a system designed to attack decent, honest and genuine people. My heart really goes out to those who are now separated from their loved ones. I for one will continue to badger my newly elected Eastleigh MP from the other side of the world until this is thrashed out in the House of Commons and thurst into the public spotlight! I won't give up fighting and so must we all!!!!
.
---
Please tell me when this rule gone change really cant live without my soul mate
.
---
I'm disabled through no fault of my own, having worked hard for most of my life. My wife and I have been married for 3 years and have a child on the way. These rules mean we can't live together as a family in the near future, and already having spent a lot of money to try and get a visa, money which would be better spent on things for the family. We now have to spend a lot of money just to spend a few weeks together once a year with no prospect of settling down and getting on with family life in the near future.
.
---
I am a UK citizen and I live with a wonderful man I would like to marry but we need to marry abroad. I meet all the housing and financial stability requirements, I can afford to keep him, pay flights, lawyers, whatever, the only obstacle is the UKBA. I warned my loved one realistically that we could marry, apply for the visa, it could mean a year apart and even then it could be refused, - so he refuses to leave. We dare not even start the process for fear of falling foul of it, and meanwhile more stringent rules could come in, or something could happen that takes away my financial stability.
It is unfair that an EU citizen can marry abroad and bring back a spouse to the UK whereas I cannot. I am even considering getting Finnish dual citizenship to which I have a right, but there is no guarantee that the UKBA would allow me to use the EU rules when I also have a British passport. Would I have to give up my UK citizenship for the man I love?
Where are MY rights to a family life? Why does the Government decide who I spend my life with? I voted for this Government and the last one believing that they had my interests at heart, that if I followed the rules, paid my taxes, that I had a natural and legal right to a family life.
.
---
Stories of people affected by the rules in the comments section on this piece on the APPG :
http://www.migrantsrights.org.
---
Hiii i just found out about this website today when trying to such some answers to my deverstating news of immigration rules, im so depress and out of love how could they do this to us taking away our human right the right to family life, this is total discrimination aganst human right and there dare to say that people with disabilities they are exempted i wonder why do they love or feel different from others shame on discrimination law.
I have baby who she is going to be 2yrs soon and we were planning to get marrried with her dad in august but everything changed now im working part time with my income 600 per month this cost me love and dad to my baby this is so much touchering i have never come across its is so painful even to talk about it right now.
evertime i look at my baby im thinking you going to grow up without dad around when your big enough to understand go blame David for this took away the most precious thing in your life, surely they should put themselves in our shoes.
.
---
Hi there..like many people in the uk i am very sad as next year after struggling so hard to save me and my fiance(who lives in philippines)was planning for her to come and live with me in the uk..sadly because of the new financial rule being set so high and me being a working class person on a lower wage this now can not happen..i am hoping that the price it has cost me and my love will at least be lowered so that we can be together in the uk..that is all i am asking and its really not a lot to ask to be happy with the one you love..elaine.
.
---
It just goes to show how out of touch they are.. if its about not claiming benefits then well make that the rule! I married my wife 17 years ago I was still a student.. no money at all. My mum helped us a bit.. I had a room and we had food.. I have never ever claimed benefits. Neither has she. Quite frankly the rules are discusting and you dont need 64000 in savings to live without benefits.. shows you what the rich politicians think a bare living amount is.. still them seem to not hold that view when giving out benefits.. So whatever the benefits would give (which must be enough).. x2 should be the minimum amount you have to earn, and fine make no benefits a rule... its really bad..
.
---
I am so happy to have found this and to see that there are people out there trying to do something about these appalling new laws that target only actual British people.
My partner is in South Africa, we have a 3 year old daughter and desperately want to be together as a family. My daughter and I moved back to the UK last year then her Daddy was here for a six month visitor visa and has now had to go back. In order to explain it to her I have told her Daddy needs a special ticket to come back here.
As a lone parent at this moment in time, earning £18,600 is IMPOSSIBLE!!
Let my partner come back and then for sure we will share child care and earn enough between us to live on. We live a very simple life BY CHOICE and there is NO WAY we need these huge amounts of money the government are stipulating. So long as we don't claim benefits whose business is it how much we have a month to live on. We use our money very wisely by choice like I said so that we don't have to work 8-6 every day and miss out on actually living and seeing our child grow up. Now the government wants to force me into full full full employment, put my 3 year old child in day care and never see her. That's all being I can actually find a job that pays that much! I CHOOSE to earn less, live frugally and enjoy being a mum. Now my child is without her father and I am alone......I am left wishing I was EU citizen....no financial threshold and free visa application. Come on guys surely its so obviously unfair its almost laughable!!!!!!
Meanwhile our family life exists only through Skype!
Thank you from the bottom of my heart to all those trying to get the situation turned round. I eagerly await the outcome...........
.
---
Everyone who spoke at the the session were fantastic, intelligent and passionate!!!! Thank God we're not all alone and the issue is finding a voice. I'm so angry having just listed to the first session! This is the single most wicked and heinous Act of Parliment in it's long history.
I won't go into my own situation too much but suffice it to say my wife and I (both living in Earthquake ravaged Christchurch, New Zealand) are just as ripped off as all the other thousands out there.
Teresa May and her henchmen should be ashamed and embarrassed after what they've done and resign. Not only should these despicable law changes be quashed but the government should apologise and compensate every single person they've deprived of their human rights and DIGNITY!!! It's also shocking how uneducated the general public is about HOW this government is slashing immigration by a third. Most people don't understand the real issues around immigration or realise we have a system designed to attack decent, honest and genuine people. My heart really goes out to those who are now separated from their loved ones. I for one will continue to badger my newly elected Eastleigh MP from the other side of the world until this is thrashed out in the House of Commons and thurst into the public spotlight! I won't give up fighting and so must we all!!!!
.
---
Please tell me when this rule gone change really cant live without my soul mate
.
---
I'm disabled through no fault of my own, having worked hard for most of my life. My wife and I have been married for 3 years and have a child on the way. These rules mean we can't live together as a family in the near future, and already having spent a lot of money to try and get a visa, money which would be better spent on things for the family. We now have to spend a lot of money just to spend a few weeks together once a year with no prospect of settling down and getting on with family life in the near future.
.
---
I am a UK citizen and I live with a wonderful man I would like to marry but we need to marry abroad. I meet all the housing and financial stability requirements, I can afford to keep him, pay flights, lawyers, whatever, the only obstacle is the UKBA. I warned my loved one realistically that we could marry, apply for the visa, it could mean a year apart and even then it could be refused, - so he refuses to leave. We dare not even start the process for fear of falling foul of it, and meanwhile more stringent rules could come in, or something could happen that takes away my financial stability.
It is unfair that an EU citizen can marry abroad and bring back a spouse to the UK whereas I cannot. I am even considering getting Finnish dual citizenship to which I have a right, but there is no guarantee that the UKBA would allow me to use the EU rules when I also have a British passport. Would I have to give up my UK citizenship for the man I love?
Where are MY rights to a family life? Why does the Government decide who I spend my life with? I voted for this Government and the last one believing that they had my interests at heart, that if I followed the rules, paid my taxes, that I had a natural and legal right to a family life.
.
---
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