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I'm not sure about the residence card, but with entry clearance visas (Family permit, spouse visa, etc) they do stamp the vignette when you enter teh UK with it for the first time.A few weeks ago, my wife showed her EEA2 Residence Card as well as her American passport (the RC was issued as a separate document as opposed to being stuck in her passport). I was surprised when the Immigration Officer endorsed the RC with a stamp upon her entry to the UK, as there is no indication on the paper that it is supposed to be stamped. Was this correct? I was under the impression that holders of a Residence Card do not get a date stamp upon entry into the UK.
As far as I know, all non-EEA citizens fill out a landing card. At least that's what I was told when I asked. But it's not something that interferes with her rights to live/work in the UK.Also, I was surprised that they required a completed landing card from her. Isn't the whole point of a Residence Card to allow the bearer the same rights as an EEA citizen? Why should she have to fill a landing card out when I, as an EEA national, do not?
Or maybe just a clueless immigration officer?Pasha wrote:I was under the impression that the RC and or passport should not be stamped, it clearly states so in the EU Directive. Seems in practice it is a differnt case.
Adding to your questions, was the stamp put right on the sticker?Pasha wrote: Is the stamp just stating your wifes date of entry into the UK?
Did your wife have any problems leaving and or entering the UK because her RC was issued as a separate Immigration Status Document?
I agree that you should not accept everything, but is this really a worthwhile cause to fight? There are much more serious issues in the UK concerning European rights. Not getting the passport stamped is really more an inconvenience than an infringement.fysicus wrote:In case it happens to anybody reading this: do ask to see the Chief Immigration Officer and make a formal complaint. It may also be helpful to have a printed copy of this EU directive with you (at least articles 4 and 5)
And it says so in SI 2006/1003 11(3).fysicus wrote:A Residence Card should definitely not be stamped on entry in the country that issued the RC ( article 5.3 of directive 2004/38 )
However, immigration officers at UK airports are seldom aware of this rule, even though it is in force for more than two years already! My wife had her RC stamped on many occasions and I have formally complained about it. I received a letter confirming that I was right, and an advice to carry this letter with us while travelling.
In case it happens to anybody reading this: do ask to see the Chief Immigration Officer and make a formal complaint. It may also be helpful to have a printed copy of this EU directive with you (at least articles 4 and 5)