Stamp Code A1 for EEA family members going to UK

[docteurbenway]

Hi everyone,

i am starting a new topic about the so called stamp Code A1.

This is a stamp that is placed in passports of EEA Family members that travel to the UK with the EEA citizen, but do not have an EEA Family Permit or hold a Residence Card of an EU family member issued by a schengen state.

This stamp is placed at the UK border when a family member can provide proof of relationship as per regulation 11(4) of the UK EEA Regulations 2006.

What i want to know is:

1.Any legal paperwork that talks about this stamp (laws, regulations, manuals)

2.Validity for how long is it valid and what rights does it provide (re-entry rights, etc...)?

3.How many times can this stamp be placed?

4.Practical experience from people who have tried it.

Thank you.

[Jambo]

The stamp is called Code 1A. You will also get it if your RC application is still in process and you present a CoA at the border.

1. See 5.5.2 Seeking admission at port from the Border Force Operations Manual.
2. It is valid for 6 months and allows employment (same as a Family Permit). It doesn't allow multiple entries.
3. As many as your passport can hold.
4. Check No visa travel on eumovement.

[docteurbenway]

The stamp is called Code 1A. You will also get it if your RC application is still in process and you present a CoA at the border.

1. See 5.5.2 Seeking admission at port from the Border Force Operations Manual.
2. It is valid for 6 months and allows employment (same as a Family Permit). It doesn't allow multiple entries.
3. As many as your passport can hold.
4. Check No visa travel on eumovement.

Thanks so much, i knew i read it somewhere in some manual.

I have another questions, is the stamp give just under Surinder Singh or for all non-EU family mebers when the EU part is exercising treaty rights?

Thanks

[docteurbenway]

It just occured to me that Code 1A confers the exact same rights as an EEA Family Permit.

So the mere existance of Code 1A stamp basically negates the need to get the EEA Permit or at the least makes it redundant.

Since if you look at the EEA Permit as "pre arrival visa" for which you need to physically travel to the consulate and submit tons of supporting documents and the Code 1A is like a "visa on arrival" for which you just need to fill a landing card the choice is obviously in favor of the 1A.

[Jambo]

The issue lies with visa nationals that can't get on a plane without a pre-entry visa. They don't really have a choice.

[EUsmileWEallsmile]

The issue lies with visa nationals that can't get on a plane without a pre-entry visa. They don't really have a choice.

Exactly.

[miko77]

<rant>
I would like to add that I find the whole EEA family permit thing outrageous.

The most outrageous thing about it is that you basically can't get sufficient information about whether you need it, and what you have to do in order to get it from any official place.

Even worse: People are deliberately misleading in a way that I would usually call "lying." Just look at the form to get the EEA permit. You can get the permit, without supplying half of the info they ask for. Just leave the right sections blank. Staff at the company we applied at (forgot the name) told us they are not allowed to tell us which sections we need to fill in and which not! They also told the couple applying after us, that the husband has to pick the wife up from the airport, otherwise she will be sent back. That's just wrong.

And then the best thing is: You actually do not need the permit at all in many cases! But in order to find that out, you need to read the "Border Force Operation Manual", and even there it doesn't get quite clear.
</rant>

[manu_uk]

Hello everyone!
this is my first post, because after searching old post can't find the info I need or links are broken.

My situation is as follows:
I am an Argentinean national (no visa required for UK) who had planned to marry his Spanish fiance next march in Argentina.
Last week she was offered a job in London, this requires her to start by January 1st. Because of this we canceled the marriage and have planned to do as follows:
travel together to London January 1st, me entering as a tourist, she as a spanish national. She will work for a whole month (so she can get her first payment, and registers with the local government). After that initial month we will travel to Gibraltar, get married and re enter under the code A1. Then I will apply for the EEA2 family permit.

I have a couple of questions:
1- do any of you have any link with official information related to the code A1 so I can have it printed to show to immigration officials at the airport?
2- how does our plan sounds? any ideas?
3-I would like to start job hunting/working as soon as possible. Is there any way to do it under my circumstances?

thanks!

[manu_uk]

Hi docteurbenway,
I need exactly what you mention here in your original post.
See: http://www.immigrationboards.com/post11 ... y#p1118126

could you please send me the docs ? links seems to be broken.

Have any information/ideas about my situation?
Thanks!

[Jambo]

1. There is no need to educate the immigration officers in their job. If you land into a major airport, they will know the law.
2. You should be prepared for some questioning as showing up straight after a wedding in Giblartar (not your home country) would probably look suspicious.
3. Not really unless you get EEA Family Permit (as unmarried partner).

[manu_uk]

Hi Jambo, thanks for your reply!
The point here is not that I want to teach immigration officials how to do theis jobs, but to learn as much as possible from official sources about code A1 stamp.
As you said: "be prepared for some questioning", so my way to be prepared is to have as much official information as possible. I cannot said: I have read on an internet board that....
Regarding my situation, I think that I could just re enter as a tourist again, no asking for the code A1 and after a couple of weeks apply for the EEA2 family permit.
Do you know how long does it take -aprox-to get the Certificate of Application?

Just in case, for anyone reading this: I have learnt that when you apply for the EEA2 family permit as a "extended family member" you cannot work when you get the Certificate of Application, need to wait until the family permit issued.

Thanks!

[Jambo]

If you are after reading material to educate yourself, then check Q1 in the FAQ (links below). Your original question asked for documentation to show the IO.

You will be questioned not because of stamp but because of your marriage claim. They would like to make sure this is a genuine relationship.

I was referring to a 6 months EEA Family Permit which is applied abroad and will allow (if issued) employment to unmarried partner.

[manu_uk]

Hi Jambo, thanks for your reply!
I want to know as much as possible for my own knowledge, so I can protect my rights. I have read many posts on this forum where the author says that at the airport the IOs claim not to know the code A1 stamp.
The link on the original post is not working, the page seems to be moved, I get a "page not found" message. Just in case, do you have the doc mentioned?
Anyway I will read the forums faq as you suggested. http://www.immigrationboards.com/eea-ro ... ml#p716277

Under my circumstances I have no time to apply for the family permit, but if I had the time I would do it as an unmarried partner. On this post: http://www.expatforum.com/expats/britai ... -card.html
the author mentions that the Certificate of Application states that he can't work.
Of course I understand that being married changes completely the situation.

Thanks for sharing your experience!

[mgb]

https://www.gov.uk/government/publicati ... r-families

Take a look at
5.3. Procedures when no EEA family permit or residence card is held

[manu_uk]

Thanks mgb, found that on the FAQ links.

Thanks!

[Czdude]

Jambo, I have to disagree with you on IO's knowing the law or their job. I had a rather unpleasant experience with an immigration officer at LCY who really *didn't* know the law, despite their rather arrogant strutting mixed with constant asking of their colleagues as to what to do. They probably in the end did the correct procedure, but not without a lot of confusion.

My situation - In January, I re-entered the UK with my wife after the holidays on a previously issued EEA family permit (former code 1A) from November 2014 issued at Calais (I do not need a visa to enter the UK as an American). We had all the documentation (marriage certificates, etc.) with us in case of any hassles. Previously, we had both left the UK together in December for a short trip within the EU, and when we returned via Gatwick, the IO looked at the code 1A, asked us what the status of our application was (she hadn't started work yet and we hadn't had a chance to get NI numbers), and he was satisfied with that and let us in with the original code 1A. No new stamp, no landing card, nothing. That was not the case at LCY where I received a new code 1A and had to fill in a new landing card.

Now my questions, for NI and EEA2 purposes, are:
1) Which code 1A constitutes when I arrived in the UK, the original Nov. 2014 stamp or the most recent stamp in my passport?
2) I will be traveling in and out of the UK a couple of times before the paperwork will be sorted for the EEA2 (no choice - for work): will UKBA get fussy about all the different code 1A stamps in my passport at application (and even when crossing the border)?
3) Am I supposed to fill in the NI application by mail or via an interview at JobCentre Plus? I have received both answers from my phone discussions, with the last one sending me the mail application in lieu of scheduling an interview.

How I long for the process in the Czech Republic for non-EU family: go to Foreign Police, fill in form, provide form with marriage certificate and photos to Foreign Police, politely request temporary ACT stamp which shows you are in process and can work, and 30 minutes later you are sorted. Residence card itself took 2 months, but with the sticker you were sorted out for work, travel, etc.

[Czdude]

Not to mention that the form for a residence card was a 1-page double sided A4, not the 35 page novel that the EEA2 form entails.

[jenangeles]

The application only asks for the date you last entered the UK and how long you have been resident in the UK for so they get both the most recent entry and first entry from those 2 dates.

I've received a new 1A stamp each time I enter and it hasn't caused a problem yet. They just ask why I haven't applied for the EEA2 RC and I explain that we've needed the passports for getting everything sorted in a new country which satisfies them.

No idea on the NI bit - I got my NI number when I was here as a student previously.

[cafeconleche]

Hah, the Czech process seems quite nice. The German process is also decent, as long as they're in a good mood and are happy with the paperwork, you can be approved that day at the Foreigner's Authority, and, if you like, pay for a temporary card while the plastic card is being produced. Them, you get an invitation after a few weeks to pick up the plastic card at city hall. This is a very decentralized process, and each city is different. The Netherlands has a more centralized system, but you still go in to a local office (if in a big city - otherwise, there's a bit of travel involved), give them a long-ish form and documents, and if approved, get a sticker until the card can be picked up. Germany's a big country, so if they can do it, the UK can fix things too!

[manu_uk]

Hi, just in case someone finds this informative, let me add some more info regarding the Code 1A stamp.

According to:
https://eumovement.wordpress.com/2010/0 ... to-travel/

In the response to a 2014 FOI request (https://www.whatdotheyknow.com/request/ ... 8%2019.pdf)
, Home office provided information about the ‘EEA Dependant’ ink stamp they issue in such circumstances:

If a non-EEA national arrives at the UK border seeking admission under the EEA Regulations as the family member of an EEA national, or of a British citizen under the Surinder Singh judgment, and does not have a valid EEA family permit (or other document specified in regulation 11(2)), the Border Force officer will give the passenger the opportunity to prove by other means that they qualify for entry (as required by Article 5(4) of the Directive and regulation 11(4) of the EEA Regulations).

If the officer is satisfied that the passenger is eligible for admission, the passenger’s valid passport will be endorsed at the border using an ‘EEA Dependant’ ink stamp for a period of six months. This stamp has replaced the ‘code 1A’ stamp previously used for this purpose.

A letter from Damien Green (https://dl.dropbox.com/u/27885818/UK/le ... reeEEA.pdf)
(Minister of Immigration in Britian) makes this clear:

Under Regulation 11, the family member of an EEA national must be admitted to the UK if he or she produces on arrival a valid passport and an EEA family permit, a UK issued residence card or permanent residence card, or if he or she is able to prove the family relationship by other means. [emphasis added]

It is therefore not compulsory for family members of EEA nationals to obtain an EEA family permit before travelling to the UK, and UK Border Agency officers will consider any evidence presented by passengers arriving at the UK border that they are entitled to be admitted as a family member of an EEA national in accordance with regulation 11 (4) [Ed: This is the paragraph which implements MRAX]. Nevertheless, it is strongly recommended that family members obtain an EEA Family Permit, which are issued free of charge, before travelling in order to facilitate their entry to the UK.


Notice that now they call it: EEA Dependant stamp.

Have a nice day.

[Directive/2004/38/EC]

Old name: Code 1A
New name: EEA Dependant stamp
Same thing. http://eumovement.wordpress.com/2010/08 ... to-travel/

[Czdude]

Cafeconleche: Nice to hear that other EU countries have a streamlined process. I have *really* had it with various other aspects of UK bureaucracy already and I have not even applied for the EEA2 yet! *This* close to saying to heck with it and getting my wife to move us back on the continent and leave the UK to its coming UKIP and Brexit fate! *end rant*

I do find it a bit daft to get a new code 1A and go through UKBA treaty rights clearance every time you cross. For all intensive purposes, a code 1A or EEA dependent stamp is analogous to an EEA FP and the FP (I think, correct me if I am wrong) is multiple entry. To have received an initial code 1A, you would have had to have been cleared by UKBA for meeting the standard for being the spouse of an EU citizen that has invoked treaty rights. Presumably, if you leave and come back and you remain within the initial six month period of the initial code 1A, that initial clearance should remain valid. That makes logical sense to me, but nothing I have come across in the UK has any relation to logic, I suppose.

When I had the Czech ACT (equivalent to CoA) they did not stamp my passport when leaving/entering Schengen; it was for all intensive purposes a de facto temporary residence permit. The only thing it did not allow was the issuance of a social insurance number (that required the full residence card, issued about 2 months later), which meant you had to have private medical insurance until the full permit was issued. At $50ish/month that wasn't a huge hardship.

[Directive/2004/38/EC]

When I had the Czech ACT (equivalent to CoA) they did not stamp my passport when leaving/entering Schengen; it was for all intensive purposes a de facto temporary residence permit. The only thing it did not allow was the issuance of a social insurance number (that required the full residence card, issued about 2 months later), which meant you had to have private medical insurance until the full permit was issued. At $50ish/month that wasn't a huge hardship.

This makes no sense and is not lawful, assuming it the EU citizen is not Czech.

[Czdude]

The EU citizen here is Czech.

[Czdude]

It might depend which border you come through - while in process, I generally transited via Prague when leaving/entering Schengen, although I did go through Vienna once and was definitely not stamped coming in.