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EEA2 RC card for non-eea which queu

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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imraniqbal2010
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EEA2 RC card for non-eea which queu

Post by imraniqbal2010 » Sun Aug 07, 2011 2:38 pm

Hi All,
I want to know that non-eea national holding Eea Rc which queu he should join.Eu or non eu on air-port.As he dont need to get his passport stamped.
Thnx
.

WONDERLUSTI
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Post by WONDERLUSTI » Sun Aug 07, 2011 3:44 pm

I was told by immigration that if traveling together with EU resident then use EU channel, other wise use foreign passport queue, they do not stamp your passport in either queue

imraniqbal2010
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Post by imraniqbal2010 » Sun Aug 07, 2011 8:24 pm

WONDERLUSTI wrote:I was told by immigration that if traveling together with EU resident then use EU channel, other wise use foreign passport queue, they do not stamp your passport in either queue

Thnx for your reply.
.

Obie
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Ireland

Post by Obie » Sun Aug 07, 2011 8:34 pm

This is something that is not provided for in either Secondary Community Legislation ( Directive 2004/38EC) or national legislation transposing it ( EEA regulation 2006), although i will assume, under the equal treatment provision in the directive, these two categories of people should in reality be treated equally, irrespective of nationality.

At present it is at discretion of immigration officer. However the stamping of passport is illegal under the directive and national legislation.
Smooth seas do not make skilful sailors

imraniqbal2010
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Post by imraniqbal2010 » Sun Aug 07, 2011 9:07 pm

Obie wrote:This is something that is not provided for in either Secondary Community Legislation ( Directive 2004/38EC) or national legislation transposing it ( EEA regulation 2006), although i will assume, under the equal treatment provision in the directive, these two categories of people should in reality be treated equally, irrespective of nationality.

At present it is at discretion of immigration officer. However the stamping of passport is illegal under the directive and national legislation.

But how we will come to know that what immigration officer gonna say.Then it will be confusion.Dont you think so?
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seputus
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Post by seputus » Mon Aug 08, 2011 4:24 am

I've been in and out of the UK about 40 times since getting my EEA2 RC - but they've stamped me 39 out of 40 times.

After the first time I didn't get a stamp and they explained why, I showed up w/o a landing card the next time and the immigration officer absolutely insisted I fill one out even after I explained why I shouldn't have to. He said "different airports have different rules". I decided not to argue with him any further...

fysicus
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Netherlands

Post by fysicus » Mon Aug 08, 2011 4:38 pm

seputus wrote:I've been in and out of the UK about 40 times since getting my EEA2 RC - but they've stamped me 39 out of 40 times.

After the first time I didn't get a stamp and they explained why, I showed up w/o a landing card the next time and the immigration officer absolutely insisted I fill one out even after I explained why I shouldn't have to. He said "different airports have different rules". I decided not to argue with him any further...
Indeed, after such rubbish remarks there is no point in arguing further with this individual. What you should do is ask for the Chief Immigration Officer; I have done that several times already and it always resulted in an apology, and the poor immigration officer probably had a bit of a hard time afterwards (out of public sight).

Qman
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United Kingdom

Post by Qman » Mon Aug 08, 2011 5:46 pm

fysicus wrote:ask for the Chief Immigration Officer
Good one, I'll have to remember that ;)
Sent PR March 2016
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imraniqbal2010
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Post by imraniqbal2010 » Mon Aug 08, 2011 10:33 pm

Could anyone give the rule refrence number, which says that non-eea national passport should not be stamped.
.

nonspecifics
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I Quote

Post by nonspecifics » Mon Aug 08, 2011 10:55 pm

5.2.6. Endorsing the passports of residence card holders

UKBA Guidelines state: "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."

The Immigration ( European Economic Area) 2006 Regulations:

"11.(3) An immigration officer may not place a stamp in the passport of a person admitted to the United Kingdom under this regulation who is not an EEA national if the person produces a residence card or permanent residence card."

imraniqbal2010
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Re: I Quote

Post by imraniqbal2010 » Thu Aug 11, 2011 2:33 pm

nonspecifics wrote:5.2.6. Endorsing the passports of residence card holders

UKBA Guidelines state: "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."

The Immigration ( European Economic Area) 2006 Regulations:

"11.(3) An immigration officer may not place a stamp in the passport of a person admitted to the United Kingdom under this regulation who is not an EEA national if the person produces a residence card or permanent residence card."


Thank you so much for your help
.

sorbone2004
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EEA 2 Resident Card endorsement - processing time

Post by sorbone2004 » Wed Aug 17, 2011 2:39 pm

Dear all,

I'm looking for information regarding the processing time for an endorsement of immigration Status Document into my passport.

In fact, I have applied for an EEA 2:
- in April;
- got the certificate of acknoledge in June;
- Ask back my passport since I need to seat for an exam;
- received my residence card into a immigration status document.

Now, I'm intending to travel with my husband. Hence, I have sent back my passport with the residence card (i.e. immigration status document) in order to have the residence card endorsed into my passport one week and half ago.

I have called the Border Agency and they told me that this process can take up to 6 months (As the application for the residence card)...

I'm a bit confused since I'm not asking for a residence card but just to endorse the one I just got...

Do anyone know the processing time for such request? or have a similar experience.

Many thanks in advance

imraniqbal2010
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Re: EEA 2 Resident Card endorsement - processing time

Post by imraniqbal2010 » Wed Aug 17, 2011 2:42 pm

sorbone2004 wrote:Dear all,

I'm looking for information regarding the processing time for an endorsement of immigration Status Document into my passport.

In fact, I have applied for an EEA 2:
- in April;
- got the certificate of acknoledge in June;
- Ask back my passport since I need to seat for an exam;
- received my residence card into a immigration status document.

Now, I'm intending to travel with my husband. Hence, I have sent back my passport with the residence card (i.e. immigration status document) in order to have the residence card endorsed into my passport one week and half ago.

I have called the Border Agency and they told me that this process can take up to 6 months (As the application for the residence card)...

I'm a bit confused since I'm not asking for a residence card but just to endorse the one I just got...

Do anyone know the processing time for such request? or have a similar experience.

Many thanks in advance

You should not have sent your passport along with A4 RC card,
As homeoffice considers it a seprate new application.& they are very right it can take upto six months.

sorbone2004
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Post by sorbone2004 » Wed Aug 17, 2011 2:52 pm

But the accompanying letter it was stating that “if you wish to transfer the vignette into your valid passport please return the original Immigration Status Document together with your valid passport by special delivery to the address below: European applications Home Office PO Box 306 Dept 45 Liverpool L2 0QNâ€

imraniqbal2010
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Post by imraniqbal2010 » Wed Aug 17, 2011 2:56 pm

[quote="sorbone2004"]But the accompanying letter it was stating that “if you wish to transfer the vignette into your valid passport please return the original Immigration Status Document together with your valid passport by special delivery to the address below: European applications Home Office PO Box 306 Dept 45 Liverpool L2 0QNâ€

86ti
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Post by 86ti » Wed Aug 17, 2011 3:00 pm

I very much doubt that it has changed as an applicant would have to show that the EEA national still satisfies the conditions of the EEA regulations. Thus, a new application will be necessary.

sorbone2004
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Post by sorbone2004 » Wed Aug 17, 2011 3:29 pm

It's strange to consider my request as a new application since I'm asking only to transfer the current residence card that I had received (a piece of paper) into my passport so I can be able to travel...

Otherwise, the EEA borders agency will consider that my resident card is not endorsed and therefore not valid with respect to the European directive.

86ti
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Post by 86ti » Wed Aug 17, 2011 3:47 pm

sorbone2004 wrote:It's strange to consider my request as a new application since I'm asking only to transfer the current residence card that I had received (a piece of paper) into my passport so I can be able to travel...
It is not strange at all as your lawful stay depends on certain conditions, i.e. the EEA national to be exercising treaty rights. That can change at any time and therefore I would think it is logical for the UKBA to check whether those conditions are still met or not. The burden of proof is on the applicant.

Do not make the mistake and assume that the expiry date on the RC is unconditional.

sorbone2004 wrote:Otherwise, the EEA borders agency will consider that my resident card is not endorsed and therefore not valid with respect to the European directive.
What is that 'EEA borders agency'? The directive does not specify how an RC has too look like. The UKBA has no problem with two passports. There may be problems with other countries.

sorbone2004
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Post by sorbone2004 » Wed Aug 17, 2011 3:57 pm

What I mean it's we have received the resident card (not endorse on the passport) on August 10 then we have immediately sent back the letter with the residence card to be endorsed in the passport on the next day (August 11).

All this has been done as requested in the letter. In this letter, they never mention that we need a new application....

EU borders agency = it's EEA borders (i.e. when you're traveling to France, Spain, Italy etc...) the immigration officers ask that the UK residence card is endorsed in your passport otherwise you can get into an EEA country even if the EEA national is next to you.

86ti
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Post by 86ti » Wed Aug 17, 2011 4:13 pm

sorbone2004 wrote:All this has been done as requested in the letter. In this letter, they never mention that we need a new application....
But they do here.

sorbone2004 wrote:EU borders agency = it's EEA borders (i.e. when you're traveling to France, Spain, Italy etc...) the immigration officers ask that the UK residence card is endorsed in your passport otherwise you can get into an EEA country even if the EEA national is next to you.
From where did you get that information? Embassy web pages?

What you need is a valid residence card and you have one. Nevertheless, you should always take your marriage certificate (properly translated and certified) as it is possible to enter with only that and IDs.

sorbone2004
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Post by sorbone2004 » Wed Aug 17, 2011 4:20 pm

The link doesn't worked...

I got the information for the youreuropeadvice-allocations@ec.europa.eu

EU they provide me with an example http://www.diplomatie.be/london/media/l ... 5B1%5D.pdf

As you will see the residence card needs to be "Please note that the residence permit must be endorsed in a valid passport or travel document."

It the reasons why I sent back my passport with the letter sent by the Border Agency and the residence card...

86ti
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Post by 86ti » Wed Aug 17, 2011 4:31 pm

sorbone2004 wrote:The link doesn't worked...
http://www.ukba.homeoffice.gov.uk/eucit ... ts-family/

sorbone2004 wrote:As you will see the residence card needs to be "Please note that the residence permit must be endorsed in a valid passport or travel document."
Interesting. But there is no legal basis for that. Apart from that the RC is not a residence permit and what is more many member states do not put the RC in the passport.

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