Do you have any EEA family permit advice?

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englishman2008
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Do you have any EEA family permit advice?

Postby englishman2008 » Wed May 28, 2008 10:56 am

I'm a U.K Citizen but the Bulgarian embassy in the U.K told me that my wife would not be eligible for an EEA family permit as she is from China but this seems to contradict the EU rights. Any experience of this. How easy is it to obtain a Bulgarian EEA family permit, how long does it take etc?
Would you need to get a new permit for every EU country you visit?
or would it work like Schengen?
What would happen if you just turned up at the airport/border with your wife in tow, would they refuse her entry?

http://www.yourrights.org.uk/your-right ... nals.shtml

Dependants

Spouses, children under 21 or those still financially dependent upon their parents, and dependent relatives (of the EEA national or the spouse) in the ascending line, such as parents and grandparents, all enjoy a right of free movement, which entails a right of entry and a right of residence (subject to certain conditions) as a matter of EU law.

This derived right of entry and residence is enjoyed irrespective of the nationality of the family member. However, Member States are entitled to, and the UK does, impose visa requirements upon family members of certain nationalities. However, unlike national visas, these visas (known as EEA family permits) are free of charge.

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A few things you can do:

Postby vall74 » Mon Jun 02, 2008 11:16 am

If I was you I would immediately do the following:

1. Complain to Solvit
2. Fill the online complaint form to the European Comission
3. Submit the online petition to the European Parliament
4. If the European Comission doesn't do anything, submit a complaint to the European Ombudsman.

5. Write to the Bulgarian Foreign Affairs ministry consular deptartment at:
consular@mfa.government.bg
6. Also Fax what you wrote to them to: +359 2 971 28 42,
7. When you write to the Bulgarian consular dept let them know that they are in breach of directive 2004/38/EC and that you have lodged a complaint with Solvit, the European Comission, and the European Parliament, and that you expect the matter to be resolved.
8. You could complain also to the Bulgarian Ombudsman.

Now all these 8 things shouldn't take more than 2 hours to do. With pressure coming from all sides, there is a big chance that you will solve your problem very fast, and that in the future people with similiar situations will not face the same problem.

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How to get EEA Family Permit for Bulgaria?

Postby englishman2008 » Sat Aug 02, 2008 4:37 am

I am UK Citizen and my Non-EU wife and I would like to move to my flat which I own in Sofia.

I still can't find any information about the EEA Family Permit, which seems to be the visa for Bulgaria. I emailed the Bulgarian Embassy and they promised to send information about getting the visa but haven't.
As far as i can get from http://europa.eu the visa to enter Bulgaria should be free but how easy is it to obtain? Once in Bulgaria she can apply for residence but getting the visa into Bulgaria seems to be the problem.

Any information greatly welcome

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Postby scot47 » Sat Aug 02, 2008 4:44 am

Bulgarian Embassy in Kuwait told a friend of mine that they knew about this, but had not received instructions from Sofia about how to proceed.

Keep trying and use SOLVIT if you get nowhere. The bureaucrats seem to be reluctant to accept EU law !

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Postby Durak » Tue Jan 12, 2010 4:48 pm

Hi All,
Does anyone have any follow up on this? I have checked the BG embassy websites UK/RU and no reference is made of EEA family permits being issued by the BG authorities.
I too have a non-EU spouse, she has 3 year multi schengen which is OK, but an EEA family permit would provide a great deal more 'freedom' for her to travel independently of me, business trips etc, plus it would save us from paying the outrageous visa fees to the British embassy for the privilege of visiting my homeland with my wife!!!
Cheers

When I said outrageous I really meant it! Here's an extract from the UK embassy site in Moscow,
Applicants for family visas should be aware that the fees for longer term visit visas apply for example the fee for a 5 year, multiple entry family visit visa will be RUR 20000 - about 400quid! an EEA family permit is free 8O yeah it's complicated...

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Postby Moscow_Wolf » Tue Jan 12, 2010 5:06 pm

Right of Union citizens and their family members to move and reside freely within the Union

Guide on how to get the best out of Directive 2004/38/EC

guide_2004_38_ec_en.pdf (English Version)

guide_2004_38_ec_bg.pdf (Bulgarian Version)


These two PDF Files will give you all the information you need and BULGARIA cannot ignore them as it is EU ruling. You'll find the Bulgarian Consular in Moscow quiet helpful.

Good luck.

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EEA family is the UK Visa

Postby Yonderpixie » Thu Feb 11, 2010 8:04 am

EEA family permits are the visas needed to visit UK. The visa needed to visit Bulgaria is a national visa.

If you, as an EU/UK National are resident in an EU country and have an EU ID Card/Bulgarian ID Card then you can apply for a UK EEA family permit which allows you and your spouse/children to enter and live and work in the UK. Apply through the British Embassy in Sofia.

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Postby Moscow_Wolf » Thu Feb 25, 2010 11:47 am

Moscow_Wolf wrote:Right of Union citizens and their family members to move and reside freely within the Union

Guide on how to get the best out of Directive 2004/38/EC

guide_2004_38_ec_en.pdf (English Version)

guide_2004_38_ec_bg.pdf (Bulgarian Version)


These two PDF Files will give you all the information you need and BULGARIA cannot ignore them as it is EU ruling. You'll find the Bulgarian Consular in Moscow quiet helpful.

Good luck.


I can provide an update on this situation. The two documents that I highlighted for your attention are NOT being interpreted by the Bulgarian's correctly. The main 'issue' I am fighting is that an EU country (in this case Bulgaria) SHOULD issue a visa to a family member (in mine and your case, non EU citizens) expediently and for FREE.

Now, after our marriage in Bulgaria, my Russian wife returned to Moscow to obtain a new visa to allow her to accompany me as my wife in Bulgaria. She still has a one year Type C multi-entry type visa in her passport which allows her to remain here for 90 days from every 180, but the Bulgarian's here in Yambol wouldn't entertain this type of Visa so she flew home to start the process.

Now, the Bulgarians say that they issue Type C visas to family members for free and that from what I have heard, these can be issued within three working days, but they only allow a temporary visit and is what she effectively already has.

No says the Bulgarians, you must have a Type D visa for which they charge me 4,500 Roubles (around 150 Euros at a guess), but this visa can usually take FORTY working days before it is issued as it has to be dealt with in Sofia. The documents I quoted go on to say however, that after getting a Family Member Entry Visa into Bulgaria (type not specified) you then have a limited amount of time to request your Temporary Residence Card and your visa becomes annulled as you can travel in and out of Bulgaria on your Non EU Citizen passport and your Temporary Residence Card.

So, what is the point of the Type D Visa. I assume that Bulgaria wants to make its background checks into whether or not it is a false marriage, whether you're going to be dependent on the state or whatever, BUT it is completely not in line with the EU Directives.

I wrote to the Bulgarian Ministry of Foreign Affairs in Sofia in English (I must admit) and copied it to the British Embassy in Sofia too. I have not had any acknowledgement from the Bulgarian Ministry, but I did get a response from the British Embassy even if it wasn't that helpful to my case.

I didn't know about SOLVIT, first time I am hearing of them, but I did find the EU Ombudsmen and have made my case of unfair treatment and not adhering to the spirit of the EU Directives and Agreements. I have had a response and a case number, but I do not expect the EU wheels to turn quick enough to help me, but perhaps my complaint might help others as yourself in the future.

If you already have a form of residence in another EU country as a non EU Citizen then, things are much easier, but we do not. This was the silly part when I inquired about getting a Temporary Residence Permit on my wife's existing Type C visa and they said, 'no we cannot do it unless she already has a residence permit in another EU country'. What difference does it make and every Non EU Citizen has to start the process somewhere.

So, all in all very frustrating and this where not knowing enough of the Bulgarian language is a stumbling block. If I was in the UK, I;d know who to telephone, what questions to ask and if I did not get satisfaction, I would pass the case/complaint straight to my local MP. Here, I'm a bit lost trying to realise my rights under EU Directives and agreements.

As I said in another post, I do not suppose it helps that the Head of the Bulgarian Immigration Department was arrested earlier this month for issuing false passports and residency permits. With Bulgaria's entrance into the Schengen Zone in the next year or two, they need to be squeaky clean, but they also need to interpret the rules correctly.

Hope that helps somewhat. :wink:

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Postby Moscow_Wolf » Sat Feb 27, 2010 9:39 am

Shock, I wish I had known about that Solvit earlier. I used there sister organisation on-line to request clarification of the EU Directives explaining my situation.

They came back to me within 24-hours listing about 6 EU directives and regulations that Bulgaria were guilty of breaking and said that I had a case with Solvit itself, so now I have forwarded the whole thing to them.

In short, there was NO need for my Wife to return to Russia when she was already in possession of a Type C Visa. The Bulgarians SHOULD have issued a Temporary Residence Card on that visa and not sent her back to Russia to obtain a Type D Visa.

A Type D visa is not required at all, they have charged for the procedure and have not taken the most expedient route in allowing my Wife to join me in the EU Country of my residence, Bulgaria.

We're already circa 20 working days into the procedure of obtaining a Type D visa which the Bulgarians say takes around 40 working days (add the March national holidays etc. so, I don't think that I will personally reap the benefits of my complaints to Solvit and the EU Ombudsman, but hopefully, it will help others in the same situation in the future.

Now, not wishing to go off thread, but did any Expats take up the case about our Identity Cards not being the same as the Bulgarian ones and fairly useless? It is related to the subject title as my Wife on a Russian passport is entitled to travel with me in other EU countries on her passport and that ID Card without a visa however, I do not see how it will be accepted in other EU countries when it doesn't have a photograph and looks home made. I'll check out the search facility, but if anyone knows the correct thread then, please just point me in the right direction.

Thank you and if nothing else, this proves to me the usefulness of a Forum where like minded people and express their experiences and findings. I would never have known about Solvit if I hadn't come across it in this Forum.

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