British visa guidelines for a few non-EU citizens unlawful – European Court
Irish man hitched to Colombian challenged her want to get visa to go to their residence in British
The united kingdom cannot need non-EU residents hitched to an EU resident and residing legitimately an additional EU state getting a visa before they could happen to be the UK, the European Court of Justice has ruled in an incident taken by the Irish guy.
Sean McCarthy, initially from Gneeveguilla, Co Kerry, has resided in Spain since 2010 together with wife that is colombian-born Patricia McCarthy Rodriguez, as well as 2 kiddies, Natasha and Khloe.
The couple own a house into the UK, but Mrs Rodriguez had been necessary to submit an application for six-month visas before she ended up being permitted to travel here, though the few complained that the applications were subject to consistent delays.
The couple’s two kiddies both hold British passports, while Mrs McCarthy Rodriguez, whose parents inhabit Medellin, Colombia, holds A spanish residence card, the Luxembourg-based court ended up being told.
Mr McCarthy – who forced the Irish federal government in 2011 to avoid needing visas when it comes to non-EU partners of EU citizens – started appropriate action in 2012 within the High 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 where in actuality the authorities try not to give consideration to that your family person in an EU resident could be tangled up in an punishment of liberties or fraud”. Leer más