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a_c wrote:Hello,
I am a non EU/ EEA family member with UK residence issued by the home office on a piece of paper- Immigration status document. It clearly states that I am a EEA family member.
I am having to travel to France for business for 3 days and applied to the TLScontact office for a business visa with all documents required. I was turned away saying that I cannot apply with a residence permit sticker outside my passport and asked me to contact the French consulate by email.
This is the reply I received from the consulate when I sent them a copy of my residence document by email:
''I regret to confirm that your UK residence permit must be endorsed in your passport or in the form of an identity card in order to submit a business visa application at the French Consulate.
Regards,
NLR,
FCG, London''
I wrote an email asking if I can apply for a EU spouse visa with proof of travel of my EU partner but haven't received a reply.
Does anybody know how I can travel to France now? Anybody else had a similar problem? If yes, how did you solve it?
Thanks!
a_c wrote:Thank you Herald for your response.
It is illegal to remove the sticker that the home office has issued and stick it in my passport. Even if I staple the paper to my passport, it is considered by the French consulate as a separate document.
My query is regarding a Schenghen visa for a EEA family member and not immigration to France. EU spouse visa= EEA family member visa which is required while travelling without EU partner to meet them in the EU state.
a_c wrote:This is for future users with the same problem.
I contacted The European advice: http://europa.eu/youreurope/advice/index_en.htm and they forwarded my case to Solvit mentioning
''Since the problem here seems to be largely caused by absence of direct communication between the concerned French and UK authorities, we transfer your case to SOLVIT.''
Solvit came back to me immediately asking for further details. They have taken up my case mainly because of 2 reasons:
I work at a UK registered company and I need to travel for business. My EEA family status doesn't seem to be of interest.
In the meanwhile, I wrote to the home office posing this problem and this was their reply:
''
Dear xxxx,
Thank you for your email.
An Immigration Status Document (ISD) is given to an applicant following the grant of leave where no passport is held, or where it would not be appropriate to endorse a national passport. The ISD provides details of the applicant, and also indicates the status that the applicant has been given.
This information can be found in the Home Office’s ‘Guidance for issuing status documentation’. I have provided you with a link to this below:
https://www.gov.uk/government/uploads/s ... usdocs.pdf
Your Immigration Status Document should also state the following:
“This Immigration Status Document has been endorsed in place of a valid national passport or travel document and confers upon the person named leave to enter or remain in the United Kingdom or a right of residence in the United Kingdom for the period indicated. It does not certify the accuracy of the personal particulars, which are those supplied by the person who made the application. It remains the property of Her Majesty’s Government and may be withdrawn at any time. It should not be tampered with or passed to an unauthorised person...”
Therefore we would not be able to provide you with any further confirmation that your document is valid.
If you alter your document, or the circumstances by which you were granted that document change, your residence card may become invalid.
Your Immigration Status Document, if issued by the United Kingdom, only confirms your right of residence in the United Kingdom and other countries are not obliged to accept this document.
If you have any further queries in relation to a European application, you may wish to contact the European Enquiries Helpline on 0300 123 2253.
Yours sincerely,
xxxx
| Customer Service Advisor
UK Visas and Immigration | Home Office | Customer Contact Centre | Ground Floor | Vulcan House - Iron | Sheffield | S3 8NS | Tel: 0300 123 2253
Accredited to the Customer Service Excellence standard
I pasted this email to the person at SOLVIT on my case and they replied to me saying
''Good morning xxx
I have already posted the complaint on SOLVIT, but this will be helpful if further information is sought.
There is a European Commission Communication that I have referred to, which states that there is no format in EU legislation for the EU residence card but that a stand-alone document is preferred by the European Commission. This has no legal weight, of course, and I can confirm that the UK Home Office almost always issue the document as a sticker inside a passport. This is likely to be the reason for the response you have received, that a stand-alone document by the UK has never been seen. I have referred to the Communication, that the UK does issue stand-alone documents depending on the individual circumstances of the application, and also the Van der Elst ECJ ruling about the paperwork that should be presented for a business visa application from the non EU employee of a business needing a temporary entry entitlement.
I will be in touch as soon as I receive a response, but you might find it helpful to also copy your Home Office communication to the official you have had contact with. It is possible that he will accept the statement and overturn his decision.
Regards
xxx
UK SOLVIT Centre
Direct line: xxx
Hope something gets done before my travel. Will keep you posted!