British should learn to use EU laws to their own advantage in spousal immigration cases
Look at these cases:
left to right Father Brian Deane, Sister Lisa Moss, Wife Emily Deane, Neil Deane, Mum Ann Deane, Brother Brian Deane Jr.
Posted as a comment under it:
My comment:
I am from the Netherlands and used to work as an immigration lawyer. When I read British newspapers they are full lamenting all those EU immigrants coming to Britain. But you guys can use those regulations as well! Like in this case many countries like Britain and Holland demand a certain level of steady income before one can import a spouse or children. This to prevent other people having to pay for them when the sponsor would go on welfare. This is the main EU court ruling on the case: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?... Also many countries now want their immigrants to master to a certain extend the language spoken in that country. Unfortunately people neglect to study the immigration regulations before marrying or making babies. But now the good thing about the EU regulations that allow Romanians to come to Britain: it allows Britons to go to another European country as well. And when Dad would go and live in say Spain his third country national wife is allowed to join him there and they don't have to fulfill income or language requirements. And after a period of more then 3 months living (and working) there he can bring her back to Britain without having to fulfill all those regulations as well. See Regulation 2004/38/EU http://www.google.nl/url?sa=t&rct=j&q=&esrc=s&sour... Stop blaming the EU, start using it!
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Shock as Filipino wife faces being thrown out of Britain
left to right Father Brian Deane, Sister Lisa Moss, Wife Emily Deane, Neil Deane, Mum Ann Deane, Brother Brian Deane Jr.
A father has said his family will be “torn apart” if his foreign-born wife loses a last- ditch fight to stay in the UK.
Continue here: http://www.cambridge-news.co.uk/News/Dad-left-holding-the-babies-after-immigration-officials-refuse-to-let-his-wife-have-UK-visa-15032013.htm
Emily Deane, 29, has been told she will be sent back
to her native Philippines before the end of the month forcing her to
decide whether to take her one-year-old daughter, Lucy, with her or
leave her with husband Neil, who lives in Preston.
The UK Border Agency has questioned the validity of the couple’s marriage, which was carried out in the United Arab Emirates, where they lived, and even questioned whether their child even exists.
Continue reading here: http://www.lep.co.uk/community/shock-as-filipino-wife-faces-being-thrown-out-of-britain-1-5505434#.UUjMpiwKm2Y.twitter
Answer posted:
As a Dutch immigration lawyer I see lots of these stories from Britain because I follow a Brit who tweets about them.. In England there is a lot of discussion about the Eastern European immigrants coming to Britain but you guys don't realise that that same EU regulations can work for you as well. I see that the husband has no job and no house so his application will fail. BUT if he moves as an EU-citizen to another EU country like Ireland or Holland (many english language job opportunities here) under EU law he is allowed to bring with him his third nationality wife . See Regulation 2004/38/EU (cant post a link so pls Google). And when they have lived more then 3 months abroad working there and using his EU rights of free movement in the EU he can take her back to Britain and the UKBA has to give her residence. Oh and under that directive having a kid means you have a real relationship.
A desperate dad has launched a last ditch bid to be reunited with his
wife from the Dominican Republic who cannot get a visa to join him in
Huntingdon.
Jason di Leva, 42, and the couple’s two-year-old twins Iliana and Liahn, can only communicate with mum Zulaika, 31, over a Skype and phone links from her home on the Carribean island.
He said he has already paid out nearly £10,000 in failed attempts to bring his wife to the UK.
Jason, an IT expert from Mill Common, wants immigration officials to reconsider Zulaika’s case and allow her into the country.
The UK Border Agency has questioned the validity of the couple’s marriage, which was carried out in the United Arab Emirates, where they lived, and even questioned whether their child even exists.
Continue reading here: http://www.lep.co.uk/community/shock-as-filipino-wife-faces-being-thrown-out-of-britain-1-5505434#.UUjMpiwKm2Y.twitter
Answer posted:
As a Dutch immigration lawyer I see lots of these stories from Britain because I follow a Brit who tweets about them.. In England there is a lot of discussion about the Eastern European immigrants coming to Britain but you guys don't realise that that same EU regulations can work for you as well. I see that the husband has no job and no house so his application will fail. BUT if he moves as an EU-citizen to another EU country like Ireland or Holland (many english language job opportunities here) under EU law he is allowed to bring with him his third nationality wife . See Regulation 2004/38/EU (cant post a link so pls Google). And when they have lived more then 3 months abroad working there and using his EU rights of free movement in the EU he can take her back to Britain and the UKBA has to give her residence. Oh and under that directive having a kid means you have a real relationship.
Dad left holding the babies after immigration officials refuse to let his wife have UK visa
Written byJulian Makey
Jason di Leva with wife Zulaika on their wedding day with twins Iliana and Liahn, and Zulaika’s son Angel
Jason di Leva, 42, and the couple’s two-year-old twins Iliana and Liahn, can only communicate with mum Zulaika, 31, over a Skype and phone links from her home on the Carribean island.
He said he has already paid out nearly £10,000 in failed attempts to bring his wife to the UK.
Jason, an IT expert from Mill Common, wants immigration officials to reconsider Zulaika’s case and allow her into the country.
Posted as a comment under it:
Jamied
18/03/2013 12:28 As a immigration officer I must point out the flaws in this mans story. To bring your spouse to the UK they must prove that they have a minimum level proficiency in the English language. We do not give english tests out, as is implied in this article. Your spouse needs to sit an independent english test designed by a independent company and reach a specific and very low mark. She obviously did not reach this mark and the argument regarding accents is completely flawed. Also, if you are sponsoring a spouse you need to demonstrate tha you can financially support them whilst they are here. You need a minimum of £18600.00 and a few thousand extra for every non UK or EEA child. You can't say last year is bad but this years going to be good. You need at least 6 Months evidence to prove this. Sorry but this guy and his wife obviously don't meet the requirements and rather than saying its unfair maybe she should concentrate on developing her english language skills ad he should start getting the evidence together to show that he s earning the required amount necessary to support her and her no UK/EEA child.My comment:
I am from the Netherlands and used to work as an immigration lawyer. When I read British newspapers they are full lamenting all those EU immigrants coming to Britain. But you guys can use those regulations as well! Like in this case many countries like Britain and Holland demand a certain level of steady income before one can import a spouse or children. This to prevent other people having to pay for them when the sponsor would go on welfare. This is the main EU court ruling on the case: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?... Also many countries now want their immigrants to master to a certain extend the language spoken in that country. Unfortunately people neglect to study the immigration regulations before marrying or making babies. But now the good thing about the EU regulations that allow Romanians to come to Britain: it allows Britons to go to another European country as well. And when Dad would go and live in say Spain his third country national wife is allowed to join him there and they don't have to fulfill income or language requirements. And after a period of more then 3 months living (and working) there he can bring her back to Britain without having to fulfill all those regulations as well. See Regulation 2004/38/EU http://www.google.nl/url?sa=t&rct=j&q=&esrc=s&sour... Stop blaming the EU, start using it!
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