E-Mail to UKBACustomerComplaints@homeoffice.gsi.gov.uk on 25 September 2012:
Reply from borderforcecomplaints@homeoffice.gsi.gov.uk on 22 October 2012:We are a German/Turkish couple residing in the UK in line with the EEA Regulations; we hold a Registration Certificate and Residence Card accordingly (see attached copies).
On Monday, the 24th of September 2012, we arrived back to London from our summer holiday. We presented our passports and residence documents to your officer, who in turn asked us for a landing card due to YYY’s non-EEA passport. We pointed out to her that YYY holds a residence card and thus no landing card is required. Your officer confirmed that she has seen the residence card but insisted that a landing card would still be required.
We tried to point out that the Border Force Operations Manual states differently (Border force operations manual > Primary checkpoint > EEA Nationals and their family members > 4.3 Landing cards for non-EEA family members) and suggested she might consult with her CIO. But your officer wanted to hear nothing of it and lectured us instead that if an officer asked for a landing card one has to be filled in. She further said that her rights to ask for this were laid down in the Immigration Rules, that she needed the landing card to “cover her back”, and that she won’t back down due to an incident a few years ago where she missed to ask for a landing card. As we were tired and didn’t want to further delay crossing the border, YYY filled in the landing card and your officer let us through.
We kindly ask you toFurther, please retrieve the erroneously requested landing card from your archives and either send it to us for destruction or make sure that the card gets destroyed.
- point out the correct procedure to the officer in question,
- remind the officer that she can be fallible and should take customer opinions seriously and ideally consult with her CIO when asked to do so, and
- review your training material to make sure the relevant information is relayed to all officers.
Also, please provide us with a short letter to confirm that no landing card is required, so that we can show this to other immigration officers, who might request one in the future.
Thank you very much for your help and best Regards,
Dear Mr XXX & Mrs YYY
Thank you for your email dated 25 September 2012 regarding your experience at London Heathrow Airport terminal 4 on 24 September 2012. It 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 staff are treated seriously and are used as an opportunity to learn and improve services.
If you believe your complaint has not been dealt with in the right way you may write to us at the address above and a complaints manager will check 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.
In line with our usual procedures, which are set out in detail at http://www.ukba.homeoffice.gov.uk/about ... acomplaint, 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 their findings. I am able to uphold some aspects of your complaint and I hope my reply helps you understand the reasons why.
As you are no doubt aware all applications for entry to the UK are considered in accordance with criteria set out in the Immigration Rules. The Border Force officer will assess the individual’s overall intentions and credibility before reaching a decision as to whether the individual has met the requirements of the Immigration Rules. In cases where a residence permit has been issued the officer must be satisfied the conditions continue to be met. All arriving passengers must expect to be questioned to this end.
Landing cards for non-EEA family members of an EEA national are not required. The Immigration Directorate Instructions (Chapter 7, Section 3, Paragraph 5.2.1) state that such persons should not, except for their first entry in this capacity, be required to complete a UK landing card. This aspect of your complaint is upheld. May I reassure you the landing card completed by the Border Force officer at the controls will be destroyed.
The investigation has identified the Border Force officer involved. She has been reminded of the correct procedure when dealing with non-EEA family members of a EEA national holding a landing card.
I should explain all Border Force officers undergo intensive training prior to taking up their positions. They do a difficult job in often stressful conditions and are obliged to meet stringent targets with regard to passenger clearance times. It is unfortunate you feel you and your wife were treated with less than the consideration and courtesy we expect all our officers to show to members of the public. I also regret you perceived the officers actions at the time as unacceptable.
I am grateful to you for taking the time to raise your concerns with us and sincerely hope any future contact with Border Force will provide you with the opportunity to form a more positive view of the level of service we provide.
The Border Force complaints team are keen to continually review and improve our services. To help us do so, we would be grateful if you could complete a short online survey. Please access the survey using the following link: http://feedback.ukba.homeoffice.gov.uk/v.asp?i=ZZZZZ
Yours sincerely
Complaints Officer
