EEA with residente card stopped at airport UK when returning from trip

[LJM17]

Last year I applied for PR and was refused. The reason given was that my self employment earnings was below the minimum earnings threshold measure.

Then I applied for the EEA residence card as I have been employed full time since 2015 and was granted at the beginning of this year.

In July I returned from a short trip to Madrid and was stopped at the immigration on Gatwick airport as the officer said there was a note on the system from Home Office telling to stop me. After waiting for some time on the detention lounge, the officer came back very apologetic saying that I could go and that they recommended to the Home Office to remove the note from the system.

I then decided to apply again for Permanent Residence and have sent an application on 08/11 and I am awaiting the process at the moment.

Last night I returned from a short trip in EU and was again stopped by immigration at the airport. They made lots of questions as there was a note on the system from HO telling to stop me. They retained my passport and made me wait for over 1 hour and a half until they got all the passengers on that plane checked so they could go and make some calls to the HO to know why I have to be stopped. The officer again came back very apologetic and said it was to do with my application to Permanent Residence but she could not give me any more details or the reason why I had to be stopped and I was allowed to go.

Do you guys think this is lawful detentions? It is very frustrating to have to be submitted to this every time I return to UK. That never happened in the previous years living here and it is a very upsetting situation.

[Jayjay2017]

Why don’t you do a fast track subject access request for your Home Office records.

It is free and will bring to light the reasons why you are being stopped when you travel.

Make a specific request for the caseworker’s notes on your permanent residency application.

[LJM17]

Thanks Jayjay2017, that is a valid idea. Do you think I could ask for the records right away or I would have to wait for some time as the notes can be very recent?

[AdInfernos]

If the notes are in the Home Office computer they will be included with your SAR.

https://www.gov.uk/government/publicati ... -for-govuk

Usually you get your file within 10 days.

[LJM17]

Thank you AdInfernos. I am now filing the request form and will post the outcome once I receive the replay as this could help others facing the same situation.

In the mean time, if anyone have any more suggestion or comments, it will be greatly appreciated.

[secret.simon]

You can also complain to
a) the Border Force
b) the UKV&I
c) the Independent Chief Inspector of Borders and Immigration
d) Your MP

[LJM17]

You can also complain to
a) the Border Force
b) the UKV&I
c) the Independent Chief Inspector of Borders and Immigration
d) Your MP

Tks for advice. It doesn't seem fair the humiliation they are submitting us after the referendum on Brexit. I am not very good at writing a complaint and don't know if HO or Border Officers are being unlawful, but I will search further and sure will be sending a complaint to all above. Many tks.

[zapzap]

@LJM17 good luck with your application and hope you get it sort it out soon.

[LJM17]

@LJM17 good luck with your application and hope you get it sort it out soon.

Thank you Zapzap. I decided to reapply for PR as I believe the period of my self-employment should arguably be considered genuine and effective as I have worked an average of over 10 hours a week and the work was both long term and regular.
If I get another refusal, I am determined to appeal against the decision and will let the tribunal decide if it can be granted.

I will keep you guys updated of the situation.

[AdInfernos]

@LJM17 good luck with your application and hope you get it sort it out soon.

Thank you Zapzap. I decided to reapply for PR as I believe the period of my self-employment should arguably be considered genuine and effective as I have worked an average of over 10 hours a week and the work was both long term and regular.
If I get another refusal, I am determined to appeal against the decision and will let the tribunal decide if it can be granted.

I will keep you guys updated of the situation.

I would advise that before reapplying you obtain your SAR. Not only because that may be the only way you can know whatever triggers the alarm at the border, but also because you will be able to read the caseworker notes on your case and correct the relevant points in your application. The fast track SAR is returned within 10 days only.

Also, as per your fresh application, if the first was refused because your earnings were below the minimum threshold, you may have to provide sufficient evidence that your activity was genuine and effective. For this you may need to send additional documents and probably write a detailed cover letter explaining the circumstances. Some good information on this is available at https://www.freemovement.org.uk/part-ti ... nt-eu-law/

[LJM17]

@LJM17 good luck with your application and hope you get it sort it out soon.

Thank you Zapzap. I decided to reapply for PR as I believe the period of my self-employment should arguably be considered genuine and effective as I have worked an average of over 10 hours a week and the work was both long term and regular.
If I get another refusal, I am determined to appeal against the decision and will let the tribunal decide if it can be granted.

I will keep you guys updated of the situation.

I would advise that before reapplying you obtain your SAR. Not only because that may be the only way you can know whatever triggers the alarm at the border, but also because you will be able to read the caseworker notes on your case and correct the relevant points in your application. The fast track SAR is returned within 10 days only.

Also, as per your fresh application, if the first was refused because your earnings were below the minimum threshold, you may have to provide sufficient evidence that your activity was genuine and effective. For this you may need to send additional documents and probably write a detailed cover letter explaining the circumstances. Some good information on this is available at https://www.freemovement.org.uk/part-ti ... nt-eu-law/

Advice greatly appreciated! However I have already submitted the PR application on the 08/11.

I sent the request for the fast track SAR today, looking forward for the reply to see what is on the notes.
Do you think it would be valid to send another cover letter to add on the case if there is anything relevant on the notes?

I tried to cover the fresh application with some additional documents and a cover letter. Had a look on the freemoviment link you provided, thank you, it is a great site also and I will be using it for further searches.

[LJM17]

I today sent a complaining to the Border Force for being stopped at Immigration Control. I used the Resolver online tool, it is a great system and very easy to use.

If anyone would like to try it for help with complaints, the link is: https://www.resolver.co.uk/

As soon as I get the SAR and see what is on the notes, I will write further complains to my MP and the others secret.simon pointed out.

[AdInfernos]

Advice greatly appreciated! However I have already submitted the PR application on the 08/11.

I have sent the request for the fast track SAR today, looking forward for the reply to see what are on the notes.
Do you think it would be valid to send another cover letter to add on the case if anything if there is anything relevant on the notes?

I tried to cover the fresh application with some additional documents and a cover letter. Had a look on the freemoviment link you provided, thank you, it is a great site also and I will be using it for further searches.

An additional letter with anything you have to add will make no harm. Only problem is that if you applied on 08/11, by the time someone reads the letter your application may have already been decided. Mine was decided in August after just 49 days. My wife's and daughter's has also been decided in October after 49 days, and it seems that the Home Office is now recruiting extra case workers. I have been lately more focused on the British citizenship forums, but since September the average time to approve a citizenship application seems to be sharply decreasing. Whereas many people who applied in June or July have not even received a decision, some of us who applied in September and October have received the approval in just over one month. Guess how long took my citizenship approval? Guess no more. 49 days!!! So, yes, send the letter, but do it as soon as you receive the SAR documents and only if they show caseworker notes where you think that an explanation would sort out a misunderstanding.

[LJM17]

Still waiting for the SAR to arrive, hopefully it will be here soon. I will follow your advice and send the letter to HO if there is anything for me to add. I bet you were very pleased with the speed that they dealt with your case, congratulations.

Advice greatly appreciated! However I have already submitted the PR application on the 08/11.

I have sent the request for the fast track SAR today, looking forward for the reply to see what are on the notes.
Do you think it would be valid to send another cover letter to add on the case if anything if there is anything relevant on the notes?

I tried to cover the fresh application with some additional documents and a cover letter. Had a look on the freemoviment link you provided, thank you, it is a great site also and I will be using it for further searches.

An additional letter with anything you have to add will make no harm. Only problem is that if you applied on 08/11, by the time someone reads the letter your application may have already been decided. Mine was decided in August after just 49 days. My wife's and daughter's has also been decided in October after 49 days, and it seems that the Home Office is now recruiting extra case workers. I have been lately more focused on the British citizenship forums, but since September the average time to approve a citizenship application seems to be sharply decreasing. Whereas many people who applied in June or July have not even received a decision, some of us who applied in September and October have received the approval in just over one month. Guess how long took my citizenship approval? Guess no more. 49 days!!! So, yes, send the letter, but do it as soon as you receive the SAR documents and only if they show caseworker notes where you think that an explanation would sort out a misunderstanding.

[LJM17]

I have now received the reply to my complaint from the Border force. Please see below. Comments and suggestions are welcome.

"Thank you for your email regarding your experiences at the
UK border.

This correspondence has been passed to me as the officer responsible for handling your
complaint. Before I respond to your specific concerns I would like to assure you all
complaints about Border Force and the services we provide are treated seriously and are
used as an opportunity to improve services and ensure lessons are learned.

In line with our usual procedures, I have asked the operational manager to assess the
circumstances relating to the matter you have complained about. With this work now
complete I have based my response on her findings.

In the UK, the Immigration Rules require all arriving passengers to establish their eligibility
for admission. Nationals of countries within the European Economic Area (EEA) are
required to establish their nationality and identity while nationals of non-EEA countries
must also seek leave to enter from a Border Force officer. To maintain a safe and secure
border, a passenger’s passport or national identity card is checked electronically. There
are also times when extra checks are conducted.

When you presented your travel document it was necessary for the officer to make some
further enquiries. I am unable to comment on the nature of these enquiries as it is not in
the public interest to disclose the specific reasons why passengers are subject to checks.

However, I am sorry for the delay you experienced. Following your complaint an
operational manager has conducted a thorough examination of our records and has
confirmed you should not be delayed when you travel again in the future.
I am of course unable to provide any assurance that you will never be stopped and
questioned by Border Force officers in the normal course of their duties, as it would be
inappropriate for me to do so.

In light of the above, on this occasion I am not upholding your complaint and I trust my
response has explained the reasons why.
If you believe this complaint has not been dealt with in the right way you may contact us at
the postal or email address above and an impartial officer with no previous involvement in
this case will review the process used to look into your complaint, to ensure it was both
appropriate and followed correctly. You must do this within one month of the date of this
letter."

[AdInfernos]

Still waiting for the SAR to arrive, hopefully it will be here soon. I will follow your advice and send the letter to HO if there is anything for me to add. I bet you were very pleased with the speed that they dealt with your case, congratulations.

Thank you. Yes, I didn't expect a decision so soon for my PR, let alone the citizenship. But also after the initial decision everything has been slow. Three weeks for invitation letter and seven for the ceremony

[LJM17]

It is a long wait, but I am happy that you are getting there. Happy days for you.

Still waiting for the SAR to arrive, hopefully it will be here soon. I will follow your advice and send the letter to HO if there is anything for me to add. I bet you were very pleased with the speed that they dealt with your case, congratulations.

Thank you. Yes, I didn't expect a decision so soon for my PR, let alone the citizenship. But also after the initial decision everything has been slow. Three weeks for invitation letter and seven for the ceremony

[LJM17]

I have not yet receive the SAR back, but surprisingly I have been granted my Permanente Residency! The decision was a bit faster than yours, it took 40 days from the day I sent til decision date. You cant imagine how happy I am!!!!

Still waiting for the SAR to arrive, hopefully it will be here soon. I will follow your advice and send the letter to HO if there is anything for me to add. I bet you were very pleased with the speed that they dealt with your case, congratulations.

Thank you. Yes, I didn't expect a decision so soon for my PR, let alone the citizenship. But also after the initial decision everything has been slow. Three weeks for invitation letter and seven for the ceremony

[LJM17]

Taking the opportunity to thank you everyone that helped me one way and another. This forum is great, thanks to that I could get my achievement. Now I will be looking for my British citizenship right away. Good luck to everyone and Merry Christmas.

[AdInfernos]

Congratulations! I'm glad that you obtained your PR document.

However, if you want to pursue citizenship I would advise that you wait until you receive the SAR results. The good character requirement for citizenship is more stringent and it would be interesting to know why you had to experience those problems at the UK border. Especially you should ensure that whatever is in your file will not make the citizenship application fail.

[LJM17]

Thank you AdInfernos! It is a very good advice from you, I will take it on board. I have not received the SAR back yet. Will post here when I receive it. Happy new year to you.

Congratulations! I'm glad that you obtained your PR document.

However, if you want to pursue citizenship I would advise that you wait until you receive the SAR results. The good character requirement for citizenship is more stringent and it would be interesting to know why you had to experience those problems at the UK border. Especially you should ensure that whatever is in your file will not make the citizenship application fail.