British visa guidelines for a few non-EU residents unlawful – European Court

British visa guidelines for a few non-EU residents unlawful – European Court

Irish guy hitched to Colombian challenged her want to get visa to check out their residence in British

The united kingdom cannot need non-EU residents married to an EU resident and residing lawfully an additional EU state to have a visa before they are able to go to the UK, the European Court of Justice has ruled in an incident taken by an man that is irish.

Sean McCarthy, initially from Gneeveguilla, Co Kerry, has resided in Spain since 2010 together with his wife that is colombian-born Patricia McCarthy Rodriguez, and two young ones, Natasha and Khloe.

The couple own a residential property when you look at the UK, but Mrs Rodriguez ended up being necessary to make an application for six-month visas before she ended up being permitted to travel here, although the few reported that the applications had been susceptible to delays that are repeated.

The couple’s two kids both hold British passports, while Mrs McCarthy Rodriguez, whose moms and dads are now living in Medellin, Colombia, holds A spanish residence card, the Luxembourg-based court had been told.

Mr McCarthy – who forced the Irish Government in 2011 to prevent needing visas when it comes to non-EU spouses of EU citizens – started appropriate action in 2012 into the tall Court in London, arguing that the united kingdom had breached freedom of motion guidelines.

In its ruling, the European Court of Justice stated the prevailing UK legislation needed non-EU citizens to have visas “even in which the authorities don’t give consideration to that your family person in an EU citizen might be involved with an punishment of legal rights or fraud”.

The Uk federal government had argued it absolutely was eligible to impose a blanket guideline demanding that non-EU partners get yourself a visa due to the fact residency license rules in certain EU nations had been suspect and ready to accept punishment. (más…)

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