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[url=http://ec.europa.eu/justice/doc_centre/citizenship/movement/doc/poland_compliance_study_en.pdf]2004/38/EC Polish compliance[/url] wrote: • Entry or exit stamps
Although Article 5(3) forbidding placing an entry or exit stamp in the passport of non-EU family
members was not transposed into Polish law, Article 10(2) of the Regulation 562/2006 (Schengen
borders code) which has direct effect in Poland, states that there is no need for stamps in passports of
family members if they show a residence card (a contrario). Therefore implementation of this
provision should be considered correct.
poland table of correspondence wrote:
Citation of the Article of the
Directive
Art. 5.3 3.
The host Member State shall
not place an entry or exit stamp
in the passport of family
members who are not nationals
of a Member State provided that
they present the residence card
provided for in
Article 10. 2004/38/EC
Corresponding
national
provision (legal
ref. & art.)
Art. 10.2 of the
Regulation
562/2006
(Schgen borders
code)
Complete text of national provision (in
language of Member State)
Art. 10.2. Dokumenty podróży obywateli
państw trzecich, którzy są członkami rodziny
obywatela Unii, do których ma zastosowanie
dyrektywa 2004/38/WE, ale którzy nie
przedstawiÄ… karty pobytowej przewidzianej w
art. 10 tej dyrektywy, sÄ… stemplowane przy
wjeździe lub przy wyjeździe.
Dokumenty podróży obywateli państw
trzecich, którzy są członkami rodziny
obywateli państw trzecich korzystających ze
wspólnotowego prawa do swobodnego
przemieszczania się, ale którzy nie
przedstawiÄ… karty pobytowej przewidzianej w
art. 10 dyrektywy 2004/38/WE, sÄ…
stemplowane przy wjeździe lub przy
wyjeździe.
Translation into English of national
provision
Art. 10.2. The travel documents of nationals of
third countries who are members of the family of
a Union citizen to whom Directive 2004/38/EC
applies, but who do not present the residence
card provided for in Article 10 of that Directive,
shall be stamped on entry or exit.
The travel documents of nationals of third
countries who are members of the family of
nationals of third countries enjoying the
Community right of free movement, but who do
not present the residence card provided for in
Article 10 of Directive 2004/38/EC, shall be
stamped on entry or exit.
Fully in
accord?
(y/n)
Y Effective transposition
Comments/Problems
The provision was not transposed
into Polish law, but Article 10(2)
of the Regulation 562/2006
(Schengen borders code) which has
direct effect states that there is no
need for stamps in passports of
family members if they show a
residemce card (a contrario)
yes, I was a little slow to figure it out,86ti wrote:a contrario = from a contrary position (it's not in the Directive but in the Schengen borders code).acme4242 wrote:But sorry, I don't know what a (a contrario) is
14. 'Minimum check' is the check to be carried out, as a rule, on persons enjoying the
Community right of free movement, in order to verify their identity and nationality for
EU/EEA/CH citizens or their identity and family ties with an EU/EEA/CH citizen for their
family members who are not EU/EEA/CH citizens themselves. It consists of a rapid and
straightforward verification of the travel document, with the aim of checking the validity of
it and of detecting the presence of signs of falsification or counterfeiting. This check may
involve the consultation, in the relevant databases, of information concerning stolen,
misappropriated, lost and invalidated documents.
sorry jubbah63, Under EU regulations, namely EU directive 2004/38/ECjubbah63 wrote: I went to France last week with French girlfriend on my RC.
• Spouse • your spouse;
• Registered partner • your partner with whom you have concluded a
registered partnership on the basis of the legislation of a Member State –
however, the registered partner has the right to accompany or join
you only in the Member States which treat registered partnerships
as equivalent to marriage;
• descendants • your direct descendants (i.e. children, grand-children…)
who are under the age of 21 or are dependants and those of your spouse
or registered partner;
• ascendants • your dependent direct relatives in the ascending line (i.e.
parents, grand-parents …) and those of your spouse or registered
partner.
The above family members enjoy the rights granted by the Directive
when they join or accompany you and the Member States have no
scope for discretion in recognition of their rights.
What about other family members?
Other family members such as siblings, cousins, aunts and uncles
and other relatives have the right to have their entry and
residence facilitated by the host Member State if they are dependant
on you or are members of your household or where serious health
grounds strictly require your personal care. This could be the case
as well of your non dependant parents or children of more than 21
years if they live with you.
And partners? Your registered partner enjoys the same right as other
family members in the Member States which do not treat registered
partnerships as equivalent to marriage. The same goes also for your
partner with whom you have a durable duly attested
relationship. This concept of partnership covers same and different
sex partnerships and de facto partnerships, such as cohabitation.
So you had no problems, except for some educational problems, entering France with your Residence Card stamped on an A4 piece of paper.jubbah63 wrote:Arrive in France the immigration ask me where is schengen visa because i need 1 to enter, so my GF spoke to him in French explaining the eea rules, he then call is superiors, they then say this system is new so not all officers know about it but my RC is good enough to enter so they take a record of my RC and my Passport and GF passport, then stamp my passport for entry and when leaving, stamp it for exiting.
The UK should not have stamped your passport on reentry to the UK. You definitely do not need to do a landing card. UKBA is very explicit about that. See UKBA’s Immigration Directorates’ Instructions – (Chapter 7) Section 3 – EEA nationals & their family members at http://eumovement.wordpress.com/eu-coun ... d-kingdom/jubbah63 wrote:Arrive back in the UK and enter European line, the immigration officer ask us if we both living in the UK, we answered yes then she stamp my passport. not sure if i should get a stamp because i didn't give landing card
my RC is on A4 and i have a non EU passport.
5.2.1. Landing cards for non-EEA family members
As a family member has a right to admission and residence simply by virtue of proving that
he/she is, or has been, the family member of an EEA national with a right to reside it is
considered unduly onerous to require holders of family permits and residence cards to
submit any form of additional documentation, including a landing card.
However, this does not apply when a person’s claim to be a family member is assessed and
accepted for the first time at port and the person is admitted on a Code 1A (see paragraph
5.3). This is because we do not otherwise have a record of the person.
This is only true if you have a long term documented relationship with your girlfriend.jubbah63 wrote:Girl friend, unmarried partner, extended family member = same thing, GF
sorry, excuse me, I didn't know the RC was issued as partner of EU citizen.jubbah63 wrote:@ acme4242
what are you talking about
i'm talking about my recent experience and you talking my relationship durability.
that's already proven that is why i was issue a RC.
When you arrive in the UK, you will likely find your border guard is very well trained and professional and knows the rules. If there is any problem, be firm but very patient with them. If you have any problems, ask them to call over their supervisor, who will most likely have more experience.kkuk wrote:Lets see what happens when landing back in the u.k. regarding stamp etc
thx.
5.2.6. Endorsing the passports of residence card holders
Regulation 11(3) states that an immigration officer may not place a stamp in the passport of
a person who holds a residence card when he/she is admitted to the UK.
jubbah63 wrote:hi guys,
Here is my experience
I went to France last week with French girlfriend on my RC.
At easy jet check-in the clerk ask her manager if i can go to France on just my RC without schengen visa and her manager told her, as long as i'm travelling with my family member of eea its fine to travel to any European country.
Arrive in France the immigration ask me where is schengen visa because i need 1 to enter, so my GF spoke to him in French explaining the eea rules, he then call is superiors, they then say this system is new so not all officers know about it but my RC is good enough to enter so they take a record of my RC and my Passport and GF passport, then stamp my passport for entry and when leaving, stamp it for exiting.
Arrive back in the UK and enter European line, the immigration officer ask us if we both living in the UK, we answered yes then she stamp my passport. not sure if i should get a stamp because i didn't give landing card
my RC is on A4 and i have a non EU passport.