[Kosh]

: Mon Feb 23, 2009 12:30 pm  

SmokeyTA wrote:

or as a 'visitor' considering he will be in the country for a matter of days at most a couple of weeks

do australian visitors/tourists need a visa to enter the uk for a period of less than 3 months?

Nobody said he'd need a visa. He needs permission to enter, just like any other non-EU citizen. In fact, even EU citizens can be denied entry under certain circumstances.

The UKBA have said that they don't want Bird in the UK. The UK Border Control people work off the same list. When he gets to Passport Control he'll almost certainly get turned away.

SmokeyTA wrote:

the french would let him into france, give him a full working visa and the right to stay there, he would then need to travel throughout the member states of the EU to pursue the trade he is legally entitled, i very much doubt the ukba are then going to ban him entering the uk to pursue his trade as i am sure we will see

The treaty rights only apply to EU citizens, not workers resident in the EU but of non-EU nationality.

: Mon Feb 23, 2009 12:42 pm  

Kosh wrote:

The UKBA have said that they don't want Bird in the UK. The UK Border Control people work off the same list. When he gets to Passport Control he'll almost certainly get turned away.

Has UKBA actually said he can't enter the country, or is it just the case that his working visa for the UK has been turned down?

[Kosh]

: Mon Feb 23, 2009 12:46 pm  

Kelvin's Ferret wrote:

Has UKBA actually said he can't enter the country, or is it just the case that his working visa for the UK has been turned down?

Both.

: Mon Feb 23, 2009 1:03 pm  

Read para 46(M) - he might be ok http://www.ukba.homeoffice.gov.uk/polic ... les/part2/

Read para 46(M) - he might be ok http://www.ukba.homeoffice.gov.uk/polic ... les/part2/

: Mon Feb 23, 2009 1:10 pm  

ExiledWool wrote: Read para 46(M) - he might be ok http://www.ukba.homeoffice.gov.uk/polic ... les/part2/ Give para 320 a go. http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/

ExiledWool wrote: Read para 46(M) - he might be ok http://www.ukba.homeoffice.gov.uk/polic ... les/part2/ Give para 320 a go. http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/

: Mon Feb 23, 2009 1:23 pm  

Chris28 wrote: Give para 320 a go. http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/ Which part?

Chris28 wrote: Give para 320 a go. http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/ Which part?

: Mon Feb 23, 2009 1:25 pm  

ExiledWool wrote:

Which part?

Any of it! It all has to be OK for a person to get in.

[tb]

: Mon Feb 23, 2009 1:27 pm  

Chris28 wrote:

Er.... UK Border Agency on the basis that he would be entering, errr let me see... the UK? UKBA took the decison to refuse his work visa, and they would have to give him permission to enter the UK too.

Nope. Once he has a valid work visa for one EU member country, he is entitled to enter any other EU country in carrying out his work. (edit: not to self – read thread)

Kosh wrote:

The treaty rights only apply to EU citizens, not workers resident in the EU but of non-EU nationality.

The Kolpak ruling disagrees with you

: Mon Feb 23, 2009 1:40 pm  

Chris28 wrote:

Any of it! It all has to be OK for a person to get in.

So one part mentions entry via the Channel tunnel - what if he arrives by air?

: Mon Feb 23, 2009 1:49 pm  

tb wrote: Nope. Once he has a valid work visa for one EU member country, he is entitled to enter any other EU country in carrying out his work. (edit: not to self – read thread) Paragraph 7 of the Immigration Rules 7. A person who is neither a British citizen nor a Commonwealth citizen with the right of abode nor a person who is entitled to enter or remain in the United Kingdom by virtue of the provisions of the 2006 EEA Regulations requires leave to enter the United Kingdom. http://www.ukvisas.gov.uk/resources/en/docs/ecgdocs/chap21ann21.4iImmig.eearegs On the basis of those 2 Bird would need permanent residence in France before he benefits under EEA Law.

tb wrote: Nope. Once he has a valid work visa for one EU member country, he is entitled to enter any other EU country in carrying out his work. (edit: not to self – read thread) Paragraph 7 of the Immigration Rules 7. A person who is neither a British citizen nor a Commonwealth citizen with the right of abode nor a person who is entitled to enter or remain in the United Kingdom by virtue of the provisions of the 2006 EEA Regulations requires leave to enter the United Kingdom. http://www.ukvisas.gov.uk/resources/en/docs/ecgdocs/chap21ann21.4iImmig.eearegs On the basis of those 2 Bird would need permanent residence in France before he benefits under EEA Law.