EEA Family Members Biometrics

[jafferdeen]

Does non EEA , applying as Family member of EEA National , need to give biometrics when he will apply for residence card within the UK?

[chaoclive]

No. Just post in the application form.

[jafferdeen]

After he has submitted application will he need to go for Biometrics like other visa categories???

[chaoclive]

No. There are no biometrics for an EEA2 residence card.

[wiggsy]

i was wondering... previously captured biometric data... should it be destroyed as the eea family member is not subject to immigration control?...

[dalebutt]

It will be destroyed if you requested for it to be. They cannot legally retain it.

[wiggsy]

That's good to know. .. so should I assume that an eea family member cannot be issued work a brp after successfully winning am article 8 court case. ...?

[dalebutt]

Bit of a tricky one that one, I am of the view that, if the applicant willfully consented to it, then the UKBA would have done nothing wrong, as the condition to be issued a brp card under article 8 requires compulsory fingerprinting.

A friend who was briefly detained, received confirmation that his finger prints has been removed from their database, he had been initially told by the arresting officer that, should he be able to prove he is a family member he is entitled to have his finger prints removed.

[Universal soldier]

I will appreciate if someone bring to attention an official sourced guideline/manual other than empty assumptions which confirms that once a person becomes EU family member then all of his previously captured biometrics record is destroyed. Of course EU family is not subject to immigration control but where is that official source.

[wiggsy]

The Immigration (Biometric Regulations) 2008


The worst that could happen is that we have to pay £55 for the EEA Residence card ... so this is the email that I sent to the home office on wednesday morning... I am awaiting their response still...

You write stating that my wife, Mrs xxx must submit her biometric information for issue of a BRP following her successful appeal. We outline that Mrs xxxx submitted her Biometric data on 12th December 2013, in application for her EEA Family Permit. Section 6 of The Immigration (Biometric Registration) Regulations 2008 (Power for the Secretary of State to use and retain existing biometric information) enables you to use previously supplied biometric data to issue a BRP.



However, as the family member of an EEA National cannot be treated any less favourably than a British Citizen, when reading S.11 Use and retention of biometric information... surely this means that my wife's biometric data must now be destroyed... (if this is not the case, then PLEASE confirm this in writing, outlining the reasons for such.





Furthermore... I refer to your threatening letters dated 30/4/14 outlining possible sanctions which might be impossed upon my wife, and outline the following: - Section 3 - (Requirement to apply for a biometric immigration document) - My wife is not a person that is subject to immigration control. As you are most certainly aware (and hence the lack of appeal on your behalf to the sucessful Human Rights win), my wife is the family member of an EEA National by virtue of Regulation 9 of the Immigration (European Economic Area) Regulations 2006.




Should this point require further clarification, I suggest you take the time to review the CID notes. - I have actually already provided a copy of her EEA Family Permit to yourselves.



As you are expecting my wife to "apply" for a BRP, Perhaps you would be so kind as to outline which of the categories you suggest my wife falls under... Considering the application appeal was treated under Regulation 15A of the Immigration (European Economic Area) Regulations 2006 as the Parent of a British Citizen child.



I understand that Section 5 (Power for an authorised person to require a person to provide biometric information) may require an applicant to provide a record of their fingerprints and a photograph of their face... The problem being: My wife did not make an application for a BRP. She made an application for a Residence Card issued under the EEA Regulations.





Please either confirm that any biometric information held of my wife (a family member of an EEA National - that is not subject to Immigration Control) will be destroyed, or outline the specific reasons for retaining the information. You will see from your CID notes, that my wife is not a person subject to immigration control.

Please also see Para 28 onwards ... https://www.gov.uk/government/uploads/s ... R_memo.pdf

[Imshzd]

Interesting.
Let us know the out come of this e mail.
Thanks

[netqueen]

Wiggsy I am very much interested in this as well and would want to know how it develops.
This and many other reasons are among the many reasons why my friends and I love this forum.


Netqueen

[Universal soldier]

Above mentioned link still not answer this puzzle. I give you example that under uk immigration act 1971 when a person is applying Indefinite leave which is also a category which leads applicant towards not subject to immigration control but applicants still need to apply BRP card. Even when ILR is approved then ILR is normally issued on BRP which contain biometrics detail. That's why i think they not destroy previous biometrics records.

[wiggsy]

will do... I was mainly basing this email on the basis of S.11... However, as the immigration bills memorandum (which i read today) outlines that it doesnt infringe a person who is subject to immigration control, as they are a different class of person... this made me more confident...

TBF, I refuse to allow my wife to submit her biometric data again, on the principle that they already hold it... (given my wife's situation is resolved already - and we are protected from the dreaded "Centre of Life" requirement [even though illegal]).

The Court case visa is a point of principle, which the home office sent the BRP application out, after i picked up on the fact that the 12 week rule had passed...

The form they sent out was an "application for a Biometric Residence Permit". So, I assume, if my wife was to complete it, she gives her permission for them to retain her personal details...


ILR still means subject to immigration control... EU Rules means not subject to immigration control

[Universal soldier]

A status which have no limit or expiry date such as ILR make the person not subject to immigration control, do again google search

of course EU family members too not subject to immigration control but ILR comes from UK law also make holder without immigration control.

[wiggsy]

A status which have no limit or expiry date such as ILR make the person not subject to immigration control, do again google search

of course EU family members too not subject to immigration control but ILR comes from UK law also make holder without immigration control.

But EU law clearly states that beneficiaries should be treated the same as citizens.... thats the difference...

[UKBA HUNTER]

But EU law clearly states that beneficiaries should be treated the same as citizens.... thats the difference...

i donot know what are you writing here and what you searching on google. How come an EU family member be equal to citizen who even though not subject to immigration but subject to EU national control . A citizen enjoys his/her own independent rights but non-EU family members of EU national always depend on EU national partner and his own status is actually is in the control of EU national.

[wiggsy]

The fact that a family member is not a psic has been made clear multiple times. ...

I am not searching Google. I read the directive. Did you?

[wiggsy]

I will appreciate if someone bring to attention an official sourced guideline/manual other than empty assumptions which confirms that once a person becomes EU family member then all of his previously captured biometrics record is destroyed. Of course EU family is not subject to immigration control but where is that official source.

How about this extract from the letter I received from the Home Office today:

In relation to your query regarding UKVI's obligation under the Data Protection Act, UKVI has an obligation to maintain effective immigration control and thus will retain the details of persons who remain subject to immigration control. Once those persons cease to be subject to immigration control, they may apply under the Data Protection Act to have their details destroyed.

https://docs.google.com/document/d/1jOO ... XRiKBM/pub

(* EEA Family Members - As we are all aware, Are not "subject to immigration control").

Although they reiterate the "Invitation" for my wife to enrol. (NOTE: They now outline that this is simply an INVITATION to enrol her data now, and not a requirement).

If my wife now enrols her details... Does that means she once again becomes a PSIC for the purposes of UKVI...

I've also responded outlining the fact that my wife has already requested her details destroyed. They hold my wifes finger prints from her EEA FP Application and from Previously - so not tricky to link the two files together (although i am certain this has already been done)...

I guess we'll go the route of paying the £55 for her 5 YR RC.