EuroMover schrieb am 12.11.2010 um 19:26:03:Do you see some part of EUN2.4 as being particularly difficult or problematic?
No, as I said, this is a correct list of requirements.
You pointed out that there is an initial right of residence for three months. I then pointed out that EUN2.4 does indeed reflect that: "(as qualified person if more than 3 months)".
EuroMover schrieb am 12.11.2010 um 19:26:03:Not answering how much money you make does not allow them to refuse the visa on any of these grounds!
Everything you've said in your last post is, of course, correct.
But this statement does not reflect the
practice of United Kingdom Entry Clearance Officers (ECOs) at many visa application centres.
As I said above, if the questions on VAF5 on maintenance and accommodation are not answered, there is a risk of the application being refused. The same can happen if the supporting documents as requested/expected by ECOs is not provided. I also mentioned the possibility of illegal reference to the maintenance and accommodation requirements of the national rules and the problems of Reg 12(1)(b)(ii) which has not been but should be repealed. To that can be added an occasional but not unheard of requirement to show the origin of funds, by analogy to the national immigration rules.
I am not saying that these practices are legal. They are not legal. That's very clear. But they occur. Applicants (including spouses wishing to enter with the EEA national for short visits) must either answer all questions and satisfy the ECOs or risk refusal and proceed to the AIT, asylum and immigration tribunal.
If you search at UK Immigration Forum (link provided above) you'll find further posts from me on this as well as many experiences from various ops and immigration advisors to back up what I am saying.
The site in you signature is one of a few sites with an excellent collection of legal resources. However practical examples need to be considered too. Implementation of 2004/38 varies widely throughout the EU. The European Commission is aware that not one single member state implements the entire directive correctly.
The UK's biggest problems are the EEA family permit procedure and excessive delays in processing.
(Germany's biggest problems include the insufficient transposition and application of §3 of the directive, "beneficiaries", or as the UK calls them, "extended family members". You're right that corresponding problems do not arise with entry visas for spouses of EEA nationals. But for an extended family member, the UK is easier to deal with.)
As for Ireland, I don't have detailed knowledge of their implementation in practice or of their procedures. But these have nothing to do with the UK.
Personally I don't think the conduct of the Foreign and Commonwealth Office (being the Ministry responsible for ECOs) is appropriate. However unfortunately it is the way it is.
The Home Office is better. If the applicant is inside the UK, such problems do not occur.