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Going to Germany with EEA Resident Card

Immigration to European countries, don't post UK or Ireland related topics!

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dasjoker
Junior Member
Posts: 88
Joined: Sun May 22, 2011 7:56 pm

Going to Germany with EEA Resident Card

Post by dasjoker » Fri Dec 09, 2011 8:40 am

Hi guys,

I am married with EEA-citizen and holding EEA Resident card.
Just want to share my experience with you. I went to Turkey via Munich and on return we missed our flight and had to stay overnight in Munich so we just wanted to try our chance to get in :) it was easy to get in actually just quickly check passport and few question then let us go but on our way to out german border almost was going to mark passport.
Border officer didn't EU Rules and she told me I entered germany illegally and she have mark my passport, I tried to explain her situation but she didn't even have a clue what's going on and she call her supervisor then told i got some uk visas instead of saying i got EEA Resident card then her supervisor of course told her to mark my passport and told my wife she done a crime! We told her, we haven't done anything illegal and her colleague who knew it EEA rules let us go through. Then don't know what happened she let us go. But it was really awful experience.
Last edited by dasjoker on Fri Jan 20, 2012 5:14 pm, edited 1 time in total.

acme4242
Senior Member
Posts: 604
Joined: Tue Nov 18, 2008 12:03 pm

Post by acme4242 » Fri Dec 09, 2011 10:06 am

I am sorry to hear of such treatment from a Schengen Border Guard, who
have never read the Schengen Border Guard handbook

http://register.consilium.europa.eu/pdf ... 0.en06.pdf
also in German
http://register.consilium.europa.eu/pdf ... 0.de06.pdf
6. ‘Persons enjoying the Community right of free movement’ are nationals of EU Member
States, EEA countries and Switzerland, as well as members of their family, regardless of
their nationality, accompanying or joining them.
:
:

3. Special rules for checks on certain categories of persons
3.1 Persons enjoying the Community right of free movement

3.1.1 Persons enjoying the Community right of free movement are authorised to cross the border
of a Member State on the basis of the following documents, as a general rule:
– EU, EEA, CH citizens: identity card or passport;
– members of the family of EU, EEA, CH citizens who are nationals of a third country:
passport. They may also be required to have an entry visa, if they are nationals of a third
country subject to the visa obligation, unless they are in possession of a valid residence
permit or card, issued by a Member State (or by EEA countries or CH).

3.1.2 However, if a person enjoying the Community right of free movement does not have the
necessary travel documents or, if required, the necessary visas, the Member State
concerned must, before turning him/her back, give such person every reasonable
opportunity to obtain the necessary documents or have them brought to him/her within a
reasonable period of time or corroborate or prove by other means that he/she is covered by
the right of free movement.

3.1.3 As a consequence, checks on persons enjoying the Community right of free movement
should be limited, as a general rule, to the verification of their identity and nationality
/family ties (so-called “minimum check”, see above point 1.4). No questions concerning
the purpose of travel, travel plans, employment certificate, pay slips, bank statements,
accommodation, means of subsistence or other personal data should therefore be asked to
them.
Using this handbook, I would lodge a complaint.

dasjoker
Junior Member
Posts: 88
Joined: Sun May 22, 2011 7:56 pm

Post by dasjoker » Fri Dec 09, 2011 11:08 am

acme4242 wrote:
acme4242 wrote:I am sorry to hear of such treatment from a Schengen Border Guard, who
have never read the Schengen Border Guard handbook
Using this handbook, I would lodge a complaint.
Thanks a lot acme where do i complaint?

It's really freaking me out. People are getting money to do this job and i don't think they are trained good enough.

ca.funke
Moderator
Posts: 1414
Joined: Sun Feb 10, 2008 11:05 am
Location: Zürich, CH (Schengen)
Belgium

Re: Going to Germany with EEA Resident Card

Post by ca.funke » Fri Dec 09, 2011 12:05 pm

...sorry, posted in the wrong thread...

ca.funke
Moderator
Posts: 1414
Joined: Sun Feb 10, 2008 11:05 am
Location: Zürich, CH (Schengen)
Belgium

Re: Going to Germany with EEA Resident Card

Post by ca.funke » Fri Dec 09, 2011 12:11 pm

Hi dasjoker,

so was the passport finally "marked" with anything, or not?

They shouldn´t even have stamped it, neither on entry nor on exit!

If you´re unsure about what happened, write a letter to the BorderPolice at Munich airport, explain what happened and have them confirm that nothing of this was recorded anywhere.

Rgds, Christian

acme4242
Senior Member
Posts: 604
Joined: Tue Nov 18, 2008 12:03 pm

Post by acme4242 » Sat Dec 10, 2011 2:59 am

dasjoker wrote:where do i complaint?

It's really freaking me out. People are getting money to do this job and i don't think they are trained good enough.
The complaint should go to the German Ministry and the
Border Police at Munich airport.
If you can find an immigration solicitor who knows EU law
it might help you writing a good letter of complaint.

I don't have the contact details German Ministry.
anyone know ?

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Re: Going to Germany with EEA Resident Card

Post by Directive/2004/38/EC » Tue Dec 13, 2011 1:17 am

dasjoker wrote:I am married with german and holding EEA Resident card.
Just want to share my experience with you. I went to Turkey via Munich and on return we missed our flight and had to stay overnight in Munich so we just wanted to try our chance to get in :) it was easy to get in actually just quickly check passport and few question then let us go but on our way to out german border almost was going to mark passport.
Border officer didn't EU Rules and she told me I entered germany illegally and she have mark my passport, I tried to explain her situation but she didn't even have a clue what's going on and she call her supervisor then told i got some uk visas instead of saying i got EEA Resident card then her supervisor of course told her to mark my passport and told my wife she done a crime! We told her, we haven't done anything illegal and her colleague who knew it EEA rules let us go through. Then don't know what happened she let us go. But it was really awful experience.
If I understand correctly, you had no problem entering Germany. The arrivals border guard let you in and did not stamp your passport.

The problem was in leaving Germany the next day? And the departures border guard gave you a hard time?

dasjoker
Junior Member
Posts: 88
Joined: Sun May 22, 2011 7:56 pm

Re: Going to Germany with EEA Resident Card

Post by dasjoker » Wed Dec 14, 2011 8:37 am

Directive/2004/38/EC wrote:
dasjoker wrote:I am married with german and holding EEA Resident card.
Just want to share my experience with you. I went to Turkey via Munich and on return we missed our flight and had to stay overnight in Munich so we just wanted to try our chance to get in :) it was easy to get in actually just quickly check passport and few question then let us go but on our way to out german border almost was going to mark passport.
Border officer didn't EU Rules and she told me I entered germany illegally and she have mark my passport, I tried to explain her situation but she didn't even have a clue what's going on and she call her supervisor then told i got some uk visas instead of saying i got EEA Resident card then her supervisor of course told her to mark my passport and told my wife she done a crime! We told her, we haven't done anything illegal and her colleague who knew it EEA rules let us go through. Then don't know what happened she let us go. But it was really awful experience.
If I understand correctly, you had no problem entering Germany. The arrivals border guard let you in and did not stamp your passport.

The problem was in leaving Germany the next day? And the departures border guard gave you a hard time?
Yes :wink:

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Wed Dec 14, 2011 12:09 pm

I am a big fan of constructively complaining.

And I do not like how you have described how the border guard treated you on exit from Germany. (Though I do like your described entry into Germany!).

In the end, it is not illegal for border guards to be aggressive or (possibly) a little threatening. It is, in most cases, just rude and ignorant.

Most border guards in Germany (and the UK) are seem pretty well trained and knowledgeable about the law. And those who are not are usually quickly straightened out by their more senior colleagues.

I would like to personally thank you though for your patience in dealing with the border guards and then writing it up. If you ever have a problem in the future, I suspect you will find it easier. I would suggest you print off a copy of Directive 2004/38/EC and http://eumovement.wordpress.com/2010/08 ... to-travel/ Carry these with you and read them when there is nothing better to read.

For next time:
Directive 2004/38/EC
CHAPTER II RIGHT OF EXIT AND ENTRY
Article 4 - Right of exit
1. Without prejudice to the provisions on travel documents applicable to national border controls, all Union citizens with a valid identity card or passport and their family members who are not nationals of a Member State and who hold a valid passport shall have the right to leave the territory of a Member State to travel to another Member State.
2. No exit visa or equivalent formality may be imposed on the persons to whom paragraph 1 applies.

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