Maybe they're hoping they can keep you out until after the UK leaves the EU. The decision is, as you have laid out, completely illegal and noncompliant with the UK's own guidance.
To answer your questions:
Should I include the refusal letter of the first application indicating the mistake (if indeed it is a mistake) that the fact that we have two ...
Since you have indicated in a comment to another answer that you are Polish, this answer does not cover the case of a British citizen wanting to move to the UK with a non-EU/EEA family member. The rules are somewhat different in that case. This answer applies to citizens of any EU or EEA country, and to citizens of Switzerland; it outlines the process for ...
You should apply for an EEA family permit.
When you apply, be careful to include the fact that you and your wife have a child together. There is apparently a strong tendency for applications to be refused because the entry clearance officer (ECO) suspects a marriage of convenience.
The UK's own guidance to ECOs explicitly says that couples who have ...
Since the EU free movement system still applies in the UK, you should only have been expelled from the UK for one of a limited set of reasons:
you were found to pose a threat to public health, public policy, or public safety
your marriage was found not to be genuine
your wife was found not to be a "qualified" EU citizen (that is, she was neither working nor ...
The UK has adopted a definition of spouse in the that excludes parties to a marriage of convenience, in section 2(1) of the Immigration (European Economic Area) Regulations 2006:
“spouse” does not include a party to a marriage of convenience;
This is in contrast to the freedom of movement directive itself (2004/38/EC), which does not define spouse. ...
The page refers elsewhere to "the EEA national" in the third person. One is therefore tempted to conclude that the second person ("you") refers to the applicant.
However, I used this form a little over a year ago, and I remember that it's truly awful. If I recall correctly, there are places where "you" is clearly used (improperly, in my opinion) to refer ...
For the record, we applied again, this time providing lots of pictures of us of holidays together, dinner with our families, small emails with different dates to show continuous conversation, screenshots of phone conversations on whatsapp. And the application succeeded.
Because your husband is not French, you should be applying for a Carte de séjour "de membre de la famille d'un citoyen de l'Union/EEE/Suisse".
It's not clear to me why they would care about the proof of your whereabouts, but there is a requirement to apply for the card within 90 days of your ...
On http://europa.eu it says;
During their first 3 months in your host country, your family
members who are not EU nationals cannot be required to apply for a
residence card confirming their right to live there - although in
some countries they may have to report their presence upon arrival.
After 3 months in your host country, your non-EU ...
It is indeed fairly simple, though you'll need to keep in mind the documentary requirements. You'll need the passport of the non-EU spouse and the passport or national ID card of the EU spouse. You'll also need proof of the relationship, which for spouses will normally be the marriage certificate.
The marriage certificate and other documents, if needed, ...
Yes, she can travel with you. Just be sure to bring a copy of your marriage certificate.
She should not attempt to enter the Schengen area without you unless one of the following is true:
She is traveling to join you in the Schengen area, or
She has not reached 90 days in the Schengen area during the previous 180 days, or
She has a valid carte de séjour.
You do not need a residence permit, but must apply for a residence card as a family member of an EU Citizen. In some states this must be applied for separately, but for Baden-Württemberg it seems to be done automatically.
The Heidelberg city site states that this will be done automatically after registration.
Die Meldebehörde erhebt bei Ihnen die ...
Whoever is resident in Italy (foreigners from everywhere too) has the right to register to the National Health Care System. This registration is not just a right is even mandatory and is called "Registrazione Obbligatoria al Servizio Sanitario Nazionale".
Regularly resident is whoever has a valid permission (permesso di soggiorno o carta di soggiorno) or ...
For New Zealand, Brazilian citizens are eligible for a working holiday visa: http://www.immigration.govt.nz/migrant/stream/work/workingholiday/brazilwhs.htm However, there are limited places available:
The quota opened on 3 September 2013 and was filled within a short time. Further places will become available in September 2014.
Unfortunately, Brazilian ...
Generally speaking, EU law does not create any practical way to speed up the process. I might add a few details later but I will first try to answer your specific questions as good as I can:
I guess equal treatment applies as soon as your spouse makes use of her treaty rights. But you haven't been denied anything and there is no law in France preventing the ...
You should not have any trouble. You may be asked for documentation to show that your wife is in fact your wife, but as long as you have that, she enjoys a derivative right of freedom of movement.
In fact, because of that, the two of you can use the EU passports queue when you arrive in any Schengen port of entry, even if she is traveling with a non-EU ...
Although the UK referendum is on the 23rd of June, nothing will change immediately regardless of the outcome to vote.
If the result is to remain, nothing will radically change any time soon.
If the result is to leave:
In the short term, nothing will radically change. It will take years to negotiate the new status. The Leave campaign has not provided a ...
First, in France, you have to be married to ask for a spouse visa (or about to get married).
Then, the process could be long and painful. My first advice would be to ask/print for all official papers (in Australia, like birth certificate, etc.). Then contact an attorney in France which will handle the paperwork for you if you are already in France.
The legal ...
Thanks to those who commented.
The answer is:
EU applies for residencia using form EX-18 at the local policia.
Non-EU applies for Article 10 Resident Card using form EX-19 at Oficina de Extranjeria. This art. 10 RC is valid for 5 years and permits working.
There is a lot more detail between the lines, but these are the main items
The organisation which handles this is DUO (Dienst Uitvoering Onderwijs), they arrange the student grants. The help for travelling is called the travel product (reisproduct), and to be able to get this you have to:
First apply for student finance.
Buy a personal OV-chipkaart.
Register your OV-chipkaart number.
Load the student travel product ...
You're looking at the wrong page. That page describes Dutch immigration law, which does not apply to you. Instead, you are covered by the EU section, for, although you are not an EU national, you are the family member of one:
You can apply for a residence permit directly, without ...
After having submitted your application for naturalization, the competent authorities will have to make a decision on your application within 730 days (2 years) to conclude the procedure for granting or refusing on the basis of the evaluation made as stated on the (Article 3 of D.P.R. No.362 / 1994) which says;
''3. Definition of the procedure.
As foreseen ...
I have been in this exact situation, I am an EU national living in Sweden with my non-EU wife.
Some things to consider.
You can leave Sweden, and if you need to go back the best way to do it is to apply for a new visa from a Swedish embassy or consulate. Show them your slip from the Migration Agency that you are waiting for a residence card, and they ...
Using the freedom of movement act, will we be able to work in EU countries?
Using freedom of movement, you and your wife can live and work in any EU nation other than your own. If you become an Irish citizen, you can no longer rely on Freedom of Movement to live and work in Ireland with your wife.
I recommend that, for the moment, you do not apply for ...
A child born to a Polish citizen outside of Poland is automatically a Polish citizen.
Polish citizenship qualifies the child for a Polish passport. There is no specific EU passport. Each member country's passport is evidence of EU 'citizenship' and all of those rights and responsibilities.
Who told you not to leave Spain while the residency application is pending?
Others that have done this before, saying it's best to wait until you get it....
"Best to" is not the same as "must," of course. Legally, when you arrive at the Schengen border, if you can prove that your EU-citizen spouse is in Spain, or ...
To enter the UK, you do not need any specific document, because you are from a "visa free" country. (If you were from a country whose citizens need visas for short visits, you would need a settlement scheme family permit.) You will, however, need to show evidence that you are married to an EEA national who is living and working in the UK.
To remain in the ...
You probably did not meet the conditions for transmitting US citizenship to a child born abroad, which, for a child born abroad to one US citizen parent and one alien parent after 1986, requires that you (the US citizen parent) have been physically present in the US before the child's birth for a cumulative total of 5 years, including 2 years after you ...
The pdf application, which you are probably not using, actually asks for
8.1.11 EEA National Registration Certificate number (if held)
This clearly indicates that the certificate number is not mandatory. It's not mandatory because the certificate itself is not mandatory; the guidance at the end of the file reads:
8.1.11 EEA National Registration ...
The UK will most likely remain a member of the EU until at least 2018. All of the current EU/EEA laws still apply until that date. No one knows what will happen afterwards.
Although the referendum is passed, nothing much will change overnight. As of 24/06/2016 the current plan is to invoke Article 50 around October 2016.
Invoking this ...