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well i have seen italian RC AND it contains biometrics of applicant and its like uk biometric residence card just like ILR holders .Obie wrote:Well the UK government is of the view, that the residence card issued by other countries does not contain adequate security and are susceptible to fraudulent use.
Rolfus wrote:My understanding is that they could. But they would only be able to stay for a maximum of six months. To stay longer they should apply for a Residence Card once in the UK.
CAN YOU COPY AND PASTE REPLY PLEASErosebead wrote:Well I emailed European Casework about family members of Surinder Singhers with German and Estonian RCs and their response to me was that these family members will still have to obtain entry clearance, such as an EEA Family Permit. They said that the parts of the EEA 2006 regs that deal with British citizens and their family members (Regulation 9 and 15A(4A)) will be unaffected by the changes.
German and Estonian residence cards are now allowed under the Immigration (European Economic Area) Regulations 2006 [as amended] (“the Regulations”), but only where the Regulations specifically state they can be provided. The parts of the Regulations that deal with the family members of British citizens are regulations 9 and 15A(4A); these parts of the Regulations are unaffected by the change regarding German and Estonian ID cards.
The Immigration Rules remain unaffected by the change.
Therefore, the family member of a British citizen must either obtain entry clearance in the usual manner or would be advised to obtain an EEA Family Permit to confirm that they were the family member of a British citizen exercising free movement rights in another EEA member state before attempting to enter the UK under the EEA route.
I hope this helps.
Kind regards,
European Operational Policy Team
I agree that the Residence Card should replace the visa, entry clearance or EEA family permit giving right of entry, but not right of residence. I still can't find anything in European Law to support the idea that it only works to accompany or join a family member. I read the European law as saying that a Residence Card holder has the right to travel, alone, anywhere in the EEA.CO (EEA Regulations: family permit) Nigeria [2007] UKAIT 00070
ASYLUM AND IMMIGRATION TRIBUNAL THE IMMIGRATION ACTS
Heard at: Belfast
Date of Hearing: 12 June 2007
Before:
Mr C M G Ockelton, Deputy President of the Asylum and Immigration Tribunal Senior Immigration Judge Deans
13. ...In any event, given that a family permit is not “entry clearance” within the definition in s33 of the Immigration Act 1971, and is not otherwise the subject of reference in the Immigration Rules themselves...
That said, the Handbook is only guidelines from the Commission and isn't law.• A Slovak citizen resides with his Chinese spouse in the United Kingdom. The Chinese spouse holding a residence card, issued by the United Kingdom under Article 10 of the Directive, travels alone to France. As she travels alone, she needs to apply for a visa to enter France.
There is nothing there that restricts the exemption to accompanying or joining. But there must surely be some source for that idea?2004/38/EC
Article 5
2. Family members who are not nationals of a Member State shall only be required to have an entry visa in accordance with Regulation (EC) No 539/2001 or, where appropriate, with national law. For the purposes of this Directive, possession of the valid residence card referred to in Article 10 shall exempt such family members from the visa requirement.
Hello,infors wrote:We're thinking of trying this route in the coming months (UK citizen, living in Germany with Russian spouse holding German RC) so it would be really useful if anyone can give feedback on whether it works or not!
Yeah I am sorry to hear that, but I mean everything is in Black and white in our favour so I don't understand why they are making it complicated even if we already have settled in the 3rd country.infors wrote:No, sadly we weren't brave enough to give it a try after we called the airline (Lufthansa) and they said that even if UK law had changed "we can't guarantee you'll be permitted to fly"
So we ended up having a very stressful last minute rush to apply for another EEA Family Permit
I'm hoping for some positive news soon but for the next trip we might again just suck it up and do the EEA FP just to minimise stress. It's not right on principle but it's so hard to get concrete information.
If you call the airline, ask them to actually check their own IATA TIMATIC database for visa requirements.infors wrote:after we called the airline (Lufthansa) and they said that even if UK law had changed "we can't guarantee you'll be permitted to fly"
Just to be sure, I checked other EU countries than Germany and Estonia (to which the new update applies) and they are indeed still showing that you would need an EEA Family Permit.Visa required, except for Holders of a "Family Member" Residence Card marked "(Permanent) Residence Card of a Family Member of a Union Citizen issued by Germany to family members
Oh God... This is messy..infors wrote: The only downside for us is that my wife has been in Germany long enough that she now has unconditional residency, meaning that her residence card just states "unlimited" rather than "family member of a Union Citizen". We'll maybe try and see if Germany can change that, or hope that it will still be accepted.
What dishonesty is this, The McCarthy Case was about a British/Irish Citizen,rosebead wrote:It is exactly as I said, toofan, but if it helps here's what they wrote:German and Estonian residence cards are now allowed under the Immigration (European Economic Area) Regulations 2006 [as amended] (“the Regulations”), but only where the Regulations specifically state they can be provided. The parts of the Regulations that deal with the family members of British citizens are regulations 9 and 15A(4A); these parts of the Regulations are unaffected by the change regarding German and Estonian ID cards.
The Immigration Rules remain unaffected by the change.
Therefore, the family member of a British citizen must either obtain entry clearance in the usual manner or would be advised to obtain an EEA Family Permit to confirm that they were the family member of a British citizen exercising free movement rights in another EEA member state before attempting to enter the UK under the EEA route.
I hope this helps.
Kind regards,
European Operational Policy Team