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EEA Residence Card & the Mysterious 'First Use Stamp'

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

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GMB
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EEA Residence Card & the Mysterious 'First Use Stamp'

Post by GMB » Mon Jul 01, 2013 12:13 pm

Greetings all. Here's one I've not seen mentioned anywhere so far, although I admit I may have missed it. Your inputs would be most welcome.

Situation: I've used my EEA RC (EEA2) at least six times now to re-enter the UK via Heathrow, London City and Folkstone-Calais. So far, to include this past Saturday, every time I've re-entered at Heathrow the IO has asked if this is the first time I'm re-entering on this EEA RC (which is on a separate ISD). Each time I've said 'no' and each time the IO has said that "they should have stamped your RC the first time you entered on it." So far they've never actually TRIED to stamp it, but I get this question and assertion each time I come back via Heathrow, but not the other ports of entry listed.

Does anyone have any idea what they're talking about? Is this something to do with the Family Permit that they're mistakenly applying to the RC? Note: I've never had and do not need a Family Permit. I'm a non-visa national (U.S.) and was a legal resident in the UK when I married my EEA national wife (Luxembourg).

Jambo
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Re: EEA Residence Card & the Mysterious 'First Use Stamp

Post by Jambo » Mon Jul 01, 2013 1:21 pm

GMB wrote:Is this something to do with the Family Permit that they're mistakenly applying to the RC?
Probably. With RC you should never get stamped.

EUsmileWEallsmile
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Re: EEA Residence Card & the Mysterious 'First Use Stamp

Post by EUsmileWEallsmile » Mon Jul 01, 2013 7:59 pm

GMB wrote:Greetings all. Here's one I've not seen mentioned anywhere so far, although I admit I may have missed it. Your inputs would be most welcome.

Situation: I've used my EEA RC (EEA2) at least six times now to re-enter the UK via Heathrow, London City and Folkstone-Calais. So far, to include this past Saturday, every time I've re-entered at Heathrow the IO has asked if this is the first time I'm re-entering on this EEA RC (which is on a separate ISD). Each time I've said 'no' and each time the IO has said that "they should have stamped your RC the first time you entered on it." So far they've never actually TRIED to stamp it, but I get this question and assertion each time I come back via Heathrow, but not the other ports of entry listed.

Does anyone have any idea what they're talking about? Is this something to do with the Family Permit that they're mistakenly applying to the RC? Note: I've never had and do not need a Family Permit. I'm a non-visa national (U.S.) and was a legal resident in the UK when I married my EEA national wife (Luxembourg).
A residence card holder's passport must not be stamped - ever! I hope you are not completing landing cards either.

smallpie
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hi

Post by smallpie » Tue Jul 02, 2013 8:39 am

i once was told that sometimes last year at heathrow airport, on my way from my holiday in africa. i was travelling alone, i never fill any landing card..
the IO was tryin to be hard on me, asking series of questions and end up saying my RC shld be stamped once at entry and i said no, coz the law doesnt allow it. she then asked if i want it stamped or not, i said no again...then she let me go.

so maybe next time, when they ask you, just tell them the law doesnt allow them to stamp it. they can go study their manuals once more lol.
CITIZENSHIP confirmed.

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Post by fatimahh » Tue Jul 02, 2013 9:37 am

My my my, i am an EEA2 resident card holder, and as i always travelled without hubby i usually waist my time filling landing card and always have my passport stamped :twisted:
To find out that they should not have done so i am sooooo crooossss :twisted: loooool
Thanks Guys for the info
GOD BLESS!!!

smallpie
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really?

Post by smallpie » Tue Jul 02, 2013 10:16 am

whew, u shld av not fill any landin card. you have residence in uk and equal right as your EU family national.
no stamp shld be place on yr pssprt.. plz dnt let them do it again, and u can even complain to the ukba office abt this and seek apologies if possible. you expect the IO to knw better and even inform you u dont need landing card and no stamp on pssprt, but they didnt.
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GMB
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Post by GMB » Tue Jul 02, 2013 12:58 pm

To clarify, I always use the EEA/EU queue, I never fill out a landing card, and except for one very new and very confused IO, nobody has ever even tried to stamp my passport.

What Heathrow IOs (only) have said is that THE RC ITSELF is supposed to be stamped the first time it's used. Of course I know this is wrong, but I wonder where this might have come from. Possibly confusion about the Code 1A stamp for those who don't have an RC or FP? I'm not sure but I'd like to get to the bottom of it so I could say "no, you're confusing that with xxx."

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Post by EUsmileWEallsmile » Tue Jul 02, 2013 9:13 pm

It is good to see that you know where you stand. Residence cards may be a little out of the ordinary and perhaps there is a little confusion surrounding them. Best policy is to be polite and stand your ground.

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Post by greatscott » Wed Jul 03, 2013 6:43 am

Unfortunately being polite and standing your ground is of no use really if the passport has already been stamped.

My OH left this morning 1st time to use her RC travelling to France, and she texted me to say her non-visa passport was stamped despite showing the RC. She politely asked why and was told that they have to.

I had asked her if she took a name and she said no... which is annoying... but she said not to hold the queue up or make a scene.

What the f is the purpose of eu regulation if it can be blatantly cherry-picked and abused. The 'future' looks very bleak indeed.
EUsmileWEallsmile wrote:It is good to see that you know where you stand. Residence cards may be a little out of the ordinary and perhaps there is a little confusion surrounding them. Best policy is to be polite and stand your ground.

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Post by Jambo » Wed Jul 03, 2013 9:41 am

greatscott wrote:My OH left this morning 1st time to use her RC travelling to France, and she texted me to say her non-visa passport was stamped despite showing the RC. She politely asked why and was told that they have to.
Was it stamped by French immigration (Schengen) when travelling alone on a UK issued RC? Then it should have been stamped. The RC doesn't serve in lieu of visa if travelling alone. It should not get stamped on her return to the UK. UK immigration should never stamp a UK issued RC.

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Post by greatscott » Wed Jul 03, 2013 1:24 pm

Thanks.

Her passport does not require a visa.

Are you saying that the British RC is the reason for the stamp (as the UK hasn't signed the Schengen Agreement)?

Jambo wrote:
greatscott wrote:My OH left this morning 1st time to use her RC travelling to France, and she texted me to say her non-visa passport was stamped despite showing the RC. She politely asked why and was told that they have to.
Was it stamped by French immigration (Schengen) when travelling alone on a UK issued RC? Then it should have been stamped. The RC doesn't serve in lieu of visa if travelling alone. It should not get stamped on her return to the UK. UK immigration should never stamp a UK issued RC.

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Post by Jambo » Wed Jul 03, 2013 1:44 pm

greatscott wrote:Thanks.

Her passport does not require a visa.

Are you saying that the British RC is the reason for the stamp (as the UK hasn't signed the Schengen Agreement)?
Unless she travels together with you, the free movement directive is not in play. She is just a normal visitor travelling to France and would get stamped on entry and exit to the Schengen area like any other (non EU) visitor travelling from the UK to France/Schengen.

When coming back to the UK, she enters as a UK RC holder and should not get stamped by the UK immigration but would get an exit stamp from France.

greatscott
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Post by greatscott » Wed Jul 03, 2013 2:51 pm

ok, thanks for clarifying and apologies to the thread for going off a bit.
Jambo wrote:
greatscott wrote:Thanks.

Her passport does not require a visa.

Are you saying that the British RC is the reason for the stamp (as the UK hasn't signed the Schengen Agreement)?
Unless she travels together with you, the free movement directive is not in play. She is just a normal visitor travelling to France and would get stamped on entry and exit to the Schengen area like any other (non EU) visitor travelling from the UK to France/Schengen.

When coming back to the UK, she enters as a UK RC holder and should not get stamped by the UK immigration but would get an exit stamp from France.

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Post by yoshi_jp » Wed Jul 03, 2013 4:29 pm

I travel a lot on business and family occasions.

Strangely enough, the immigration officer at Manchester Airport asked me whether I was using my Tier 1 (General) BRP for the first time when I flew back from Minsk via Frankfurt after a particularly mind-numbing business commitment about a month ago.

I answered "no".

Then, he wrote down the BRP number (RC######) just above the date stamp. It had never happened previously.

I'll be flying to Berlin tomorrow and will be back on Monday after a big family gathering in Poland, so I'll see what they do upon seeing my new EEA2 RC this time.

I'll be flying to Minsk again about a week after that, so I can then present my T1(G) to see how they respond and whether there is any trend (if my brain still functions).

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