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✎ EN Eu court rule for non eu spouse

Discussion in 'Immigration UK' started by farooq, Jul 26, 2008.

  1. farooq

    farooq Member

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    hi forum,

    i was watching bbc news yesterday that eu court ruled who are non eu spouse of eu nationals should stay in their spouse(eu national) countries. my question is has the eu law or uk law changed so that non eu spouse cant go to antoher eu countries . please clarify it if u people got the info on this as it clarifies the other people like me who are as non eu spouse in uk. hope will get answers soon and thanks very much for this wonderful forum which is always infomative.
     
  2. sebhoff

    sebhoff Addicted member

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    You probably mean:
    http://curia.europa.eu/en/actu/communiques/cp08/aff/cp080057en.pdf
    This is not a change in EU law, just a ruling that concerns the recalcitrant Irish and their attempts at getting away with their own interpretation of EU laws. As far as I can see, it has no influence on your situation in the UK (whose authorities are slow and sometimes incompetent, but at least more or less implement the EU directives)

    See also http://news.bbc.co.uk/1/hi/world/europe/7525472.stm - although there's an error in that article where it says "non-EU nationals married to Irish citizens". The case didn't involve Irish citizens, but non-EU spouses of EU nationals who are not Irish.

    sebhoff
     
  3. olivia1977

    olivia1977 New Member

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    Hello sebhoff, do you have any ideas or information for non EU spouses of EU nationals (British), do they will get the spouse or settlement visa easier after that article in that BBC news ? Thanks
     
  4. sebhoff

    sebhoff Addicted member

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    I suppose you are referring to a move to Ireland?

    I have no further information than what's in the two links I posted - and I know very little about the situation in Ireland. I would however suspect that such a ruling by the EU court has implications for other couples in similar situations. If you have previously had difficulties with immigration to Ireland, things may now have changed for you. But given that Ireland has apparently been very reluctant to comply with the EU Directive 2004/38, I don't know whether it's going to be a drastic change of policy from now onwards.

    If your question is about moving to the UK (together with your British spouse), then I would think that this ruling has absolutely no impact whatsoever.
    Sebastian
     
  5. olivia1977

    olivia1977 New Member

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    Hi Sebastian, thanks for replying to me! I have a Brit bf and we plan to get married this Oct. After that I will need to move to Uk with him. That is why I asked you if you have any idea after that BBC News. It does not seem to help much for my situation :(
     
  6. thsths

    thsths Addicted member

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    No, it does not affect you. For the Directive 2004/38 to apply, there must be a European dimension to your case - which means that more than one member state is involved. The court found this to be the case for e.g. British citizens in residing in Ireland, but it would not apply to British citizens in the UK.
     
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