Residence card cancelled, entry refused when travelled alone

[Directive/2004/38/EC]

Until he gets either an EEA Family Permit or a new Residence Card, you will need to travel with him every time he enters the UK.

[Obie]

I believe 5.2.5 and 6.5 is applicable to your case.

There is also this case, but it was heard in Northern Ireland.

[elixya]

On the basis of UK EEA REGULATION and casework and immigration officers instructions and guidance, an immigration officer is not allowed to revoke a valid resident card at port. Further more, unlike an EEA FAMILY PERMIT which has conditions that you should be joining or accompanying a family member at the material time of your entry, there is no such requirement for a resident card holder. By law you cannot remove a person who has an in country right of appeal against a decision, until that appeal has been disposed. They could have kept him in detention, kept his passport and established fact, but removing him is wrong.

Could you please give some concrete examples, links if possible so that I can read them before I go to the lawyer?

[Obie]

The above links provides that

[Directive/2004/38/EC]

There is also this case, but it was heard in Northern Ireland.

Obie, why do you note specially that the case was heard in Northern Ireland? Does it matter? Would it matter if somebody arrived into the UK at Dublin vs. arriving at Heathrow?

[Obie]

The reason why i said this is because a case law from Northern Ireland High court, will be binding on the Lower Tribunal sitting in Norther Ireland, but if they are sitting in England, Wales or Scotland it will not be binding. However in the absence of any case laws in those jurisdiction, then at the discretion of the immigration Judge, he/she may give regards to them.

[elixya]

I have just seen that it is a no in-country appeal! So should he wait with trying to enter UK before the appeal is launched??

And the standard form is prepared for: EEA permit, RC and permanent RC! One to be chosen. The reasoning is: I am satisfied that X IS not currently in the UK, therefore you are not seeking to JOIN (!) an EEA national in the UK who has a right to reside under these Regulations. No right of admission under regulation 11. I revoke... and refuse admission to the UK in accordance with Regulation 19. This Reg. speaks only about refusal to admit, not revocation.
But what about Regulation 20 which makes a condition to join or accompany the spouse only for family permit holders?

[Directive/2004/38/EC]

So should he wait with trying to enter UK before the appeal is launched??

That is something you are going to need to decide.

http://eumovement.wordpress.com/2010/08 ... to-travel/ gives some details of what you should carry if you do this.

You are better off taking the train or ferry to the UK, as airlines might turn him away for not having the right visa/rc. On Eurostar/Eurotunnel/Ferry the UK customs clearance is done by UKBA staff before you get onto the train/ferry.

If you go together to the UK, I would strongly advise that you go together and leave together, until you have resolved the issue with the Residence Card appeal. Put another way: Do not leave him in the UK without you also being there. He will be more relaxed and you will have a simpler position.

Remember that if he has a Residence Card then he is allowed to be in the UK. And if your residence has finished (not saying it has, but the UK seems to think it has), then he is allowed to enter the UK with you for up to 90 days before you (EU) have to do anything special.

I would personally go to the UK if I were in that situation. But I do not know all the details of your situation, and that is not advice for what you should choose in your situation.

[Punjab]

guys my wife is Hungarian and I travel to Hungary alone many times. When ever I come to border clearence the officer ask me where I was and why my wife is not with me. I just tell them the truth that i have more holidays than my wife and i like hungary and i have some friends there so i like to travel there with or without my wife. and my wife is still in the uk.
they just allow me to pass without ringing her.

[Directive/2004/38/EC]

http://freemovement.wordpress.com/2011/ ... decisions/

Nkrumah concerns a residence card that was issued in error. Once communicated the card is valid and can only be revoked with an accompanying right of appeal, it cannot simply be withdrawn or annulled.

In your husband's case the Residence Card was not issued in error.

Might be worth browsing...

[imraniqbal2010]

guys my wife is Hungarian and I travel to Hungary alone many times. When ever I come to border clearence the officer ask me where I was and why my wife is not with me. I just tell them the truth that i have more holidays than my wife and i like hungary and i have some friends there so i like to travel there with or without my wife. and my wife is still in the uk.
they just allow me to pass without ringing her.

how do you go to Hungary on RC or schengen visa?

[Punjab]

guys my wife is Hungarian and I travel to Hungary alone many times. When ever I come to border clearence the officer ask me where I was and why my wife is not with me. I just tell them the truth that i have more holidays than my wife and i like hungary and i have some friends there so i like to travel there with or without my wife. and my wife is still in the uk.
they just allow me to pass without ringing her.

how do you go to Hungary on RC or schengen visa?

I don't need any visa for EU countries if she is travelling with me or I am joining her in EU/Schengen Country. But I did apply fro Schengen Visa and I did pay for it and its marked as Tourist as I will be travelling without my wife. I have EEA2 from the UK

[imraniqbal2010]

guys my wife is Hungarian and I travel to Hungary alone many times. When ever I come to border clearence the officer ask me where I was and why my wife is not with me. I just tell them the truth that i have more holidays than my wife and i like hungary and i have some friends there so i like to travel there with or without my wife. and my wife is still in the uk.
they just allow me to pass without ringing her.

how do you go to Hungary on RC or schengen visa?

I don't need any visa for EU countries if she is travelling with me or I am joining her in EU/Schengen Country. But I did apply fro Schengen Visa and I did pay for it and its marked as Tourist as I will be travelling without my wife. I have EEA2 from the UK

As you mentioned that you paid for schengen visa but it's free of cost if you are an EEA national family member.How comes they asked you for payment.

[Punjab]

As you mentioned that you paid for schengen visa but it's free of cost if you are an EEA national family member.How comes they asked you for payment.

I got a free visa from German and French Embassy. But as my main destination was Hungary I was told by them that I need to pay Visa fees. I think it depends upon embessy to embassy

3, Family members not accompanied by the EEA national or not travelling to Hungary to join the EEA national: visa required, regular Schengen visa procedures apply.

http://www.mfa.gov.hu/kulkepviselet/UK/ ... mation.htm

[imraniqbal2010]

As you mentioned that you paid for schengen visa but it's free of cost if you are an EEA national family member.How comes they asked you for payment.

I got a free visa from German and French Embassy. But as my main destination was Hungary I was told by them that I need to pay Visa fees. I think it depends upon embessy to embassy

3, Family members not accompanied by the EEA national or not travelling to Hungary to join the EEA national: visa required, regular Schengen visa procedures apply.

http://www.mfa.gov.hu/kulkepviselet/UK/ ... mation.htm

What is the maximum validity of schengen visa,Is it possible to get 5 years schengen visa.

[Punjab]

What is the maximum validity of schengen visa,Is it possible to get 5 years schengen visa.

Ha Ha you bet...

French gave me for 1 yr ( it was 2 or 3 years ago i cant remeber exactly) but others are for 90 days. you can ask for 180 days but i dont know if they can give it to you or not. its a pain in the back when travel alone as you have to pay £10 for special delivery envelope + visa fee

[pinkpanter]

imraniqbal2010 wrote:

What is the maximum validity of schengen visa,Is it possible to get 5 years schengen visa.


Ha Ha you bet...

French gave me for 1 yr ( it was 2 or 3 years ago i cant remeber exactly) but others are for 90 days. you can ask for 180 days but i dont know if they can give it to you or not. its a pain in the back when travel alone as you have to pay £10 for special delivery envelope + visa fee

For family member of EEA, schengen visa is free of cost. You can also apply for more than 1 yr visa, if you show them your future trevelling plans. EEA Directive clearly stated that schengen visa must be issued free of cost to the spouse/non-eea family memeber of EEA.

[Punjab]

For family member of EEA, schengen visa is free of cost. You can also apply for more than 1 yr visa, if you show them your future trevelling plans. EEA Directive clearly stated that schengen visa must be issued free of cost to the spouse/non-eea family memeber of EEA.

Hi PP could you please provide me the link about it please.

Many Thanks

[Punjab]

[quote="pinkpanter"]/quote]


Hi no you need to pay for visa fee if you are not travelling with your partner who is an eu national

http://www.diplomatie.be/london//media/ ... 5B1%5D.pdf


http://eumovement.wordpress.com/2007/04 ... u-citizen/

[Qman]

So what happened to the "will have the same rights as an EU national"... ?

[toabetterchange]

Hello mate


I would like some advice from you if you can.

I am new to the Schengen visa application and dont know how and what they ask for the family members.

I have noted that not all the applications are free of cost?

is there any country that can grant it for long period?

do we need to show them(buy) the tickets before applying?

Thank you in advance.

Regards.

[alekos]

/quote]


Hi no you need to pay for visa fee if you are not travelling with your partner who is an eu national

http://www.diplomatie.be/london//media/ ... 5B1%5D.pdf


http://eumovement.wordpress.com/2007/04 ... u-citizen/

If you're travelling with EEA sponsor and proof of relationship, you don't need a visa, heck in some cases not even a passport is needed.

If you're travelling on your own, as in not joining or with EEA sponsor, it falls under national Immigration Rules of the country you're travelling to.
Some countries are more flexible than others, it's entirely within their discretion to do so, under national law.

[elixya]

/quote]


Hi no you need to pay for visa fee if you are not travelling with your partner who is an eu national

http://www.diplomatie.be/london//media/ ... 5B1%5D.pdf


http://eumovement.wordpress.com/2007/04 ... u-citizen/

If you're travelling with EEA sponsor and proof of relationship, you don't need a visa, heck in some cases not even a passport is needed.

If you're travelling on your own, as in not joining or with EEA sponsor, it falls under national Immigration Rules of the country you're travelling to.
Some countries are more flexible than others, it's entirely within their discretion to do so, under national law.

This rules appplies when travelling to other countries. What about the case when the non eu spouse is coming back to the host country? Does he need to accompany or join the EEA spouse who is temporarily absent and did not leave UK permanently?

[Obie]

I hope your husband's case has been resolved.

There has been changes since your husband's case.

This new law in conjunction with Metock, seem to give new meaning to accompanying or joining.

Aladeselu and Others (2006 Regs – reg Nigeria [2011] UKUT 00253(IAC)

[elixya]

I hope your husband's case has been resolved.

There has been changes since your husband's case.

This new law in conjunction with Metock, seem to give new meaning to accompanying or joining.

Aladeselu and Others (2006 Regs – reg Nigeria [2011] UKUT 00253(IAC)

Unfortunately HO sent no documents giving reasons for this action. They had two deadlines given by the court and they both missed. The hearing is still outstanding (will be 6 months from the revocation - out-of-country appeal!)