ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

residence card should be issued by ...

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

Locked
docteurbenway
Member
Posts: 119
Joined: Fri May 13, 2011 3:43 pm
Location: Germany

residence card should be issued by ...

Post by docteurbenway » Sun Apr 22, 2012 12:39 pm

[remark ca.funke: I split this question out of >>this<< thread, as requested by "EUsmileWEallsmile" (starter of the other thread)]

Hi guys, i have been reading UK Immigration Regulations 2006 again, mainly:

Right of admission to the United Kingdom
11.—(1) An EEA national must be admitted to the United Kingdom if he produces on arrival a
valid national identity card or passport issued by an EEA State.
(2) A person who is not an EEA national must be admitted to the United Kingdom if he is a family member of an EEA national, a family member who has retained the right of residence or a person with a permanent right of residence under regulation 15 and produces on arrival—
(a) a valid passport; and
(b) an EEA family permit, a residence card or a permanent residence card.

Here it does not say that the residence card should be issued by the UK authorities, so this could be used as an argument when producing lets say an Italian Family card?

Or is there a paragraph where it says "issued by UK authorities"?

Thanks

EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 8:22 pm

Post by EUsmileWEallsmile » Sun Apr 22, 2012 12:55 pm

docteurbenway wrote:Hi guys, i have been reading UK Immigration Regulations 2006 again, mainly:

Right of admission to the United Kingdom
11.—(1) An EEA national must be admitted to the United Kingdom if he produces on arrival a
valid national identity card or passport issued by an EEA State.
(2) A person who is not an EEA national must be admitted to the United Kingdom if he is a family member of an EEA national, a family member who has retained the right of residence or a person with a permanent right of residence under regulation 15 and produces on arrival—
(a) a valid passport; and
(b) an EEA family permit, a residence card or a permanent residence card.

Here it does not say that the residence card should be issued by the UK authorities, so this could be used as an argument when producing lets say an Italian Family card?

Or is there a paragraph where it says "issued by UK authorities"?

Thanks
Would you mind starting this in a new thread? The reason I ask is that I would like to have people's feedback (positive and negative) of flying using an article 10 or 20 residence card. Actual experience, not theoretical. We often get people asking, can I fly here, can I fly there? Will I be denied boarding? Will I have no problem?

To answer your specific question, yes the definition of a residence card under the 2006 regulations is one issued under those same regulations (by the UK).

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Sun Apr 22, 2012 12:57 pm

docteurbenway wrote:Hi guys, i have been reading UK Immigration Regulations 2006 again, mainly:

Right of admission to the United Kingdom
11.—(1) An EEA national must be admitted to the United Kingdom if he produces on arrival a
valid national identity card or passport issued by an EEA State.
(2) A person who is not an EEA national must be admitted to the United Kingdom if he is a family member of an EEA national, a family member who has retained the right of residence or a person with a permanent right of residence under regulation 15 and produces on arrival—
(a) a valid passport; and
(b) an EEA family permit, a residence card or a permanent residence card.

Here it does not say that the residence card should be issued by the UK authorities, so this could be used as an argument when producing lets say an Italian Family card?

Or is there a paragraph where it says "issued by UK authorities"?

Thanks
See Regulation 2.

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

Post by ca.funke » Sun Apr 22, 2012 1:02 pm

docteurbenway wrote:...Here it does not say that the residence card should be issued by the UK authorities, so this could be used as an argument when producing lets say an Italian Family card?

Or is there a paragraph where it says "issued by UK authorities"?...
It doesnt say so anywhere explicitly, however that´s the UK´s interpretation, and this is exactly what all the numerous complaints are about.

You can find a lot about this topic in the forum.

docteurbenway
Member
Posts: 119
Joined: Fri May 13, 2011 3:43 pm
Location: Germany

Post by docteurbenway » Sun Apr 22, 2012 1:42 pm

ca.funke wrote:
docteurbenway wrote:...Here it does not say that the residence card should be issued by the UK authorities, so this could be used as an argument when producing lets say an Italian Family card?

Or is there a paragraph where it says "issued by UK authorities"?...
It doesnt say so anywhere explicitly, however that´s the UK´s interpretation, and this is exactly what all the numerous complaints are about.

You can find a lot about this topic in the forum.
Actually Jubo is right, it says UK right here:

http://www.legislation.gov.uk/uksi/2006 ... ion/2/made

“residence card” means a card issued to a person who is not an EEA national, in accordance with regulation 17, as proof of the holder’s right of residence in the United Kingdom as at the date of issue;

docteurbenway
Member
Posts: 119
Joined: Fri May 13, 2011 3:43 pm
Location: Germany

Post by docteurbenway » Sun Apr 22, 2012 1:42 pm

EUsmileWEallsmile wrote:
docteurbenway wrote:Hi guys, i have been reading UK Immigration Regulations 2006 again, mainly:

Right of admission to the United Kingdom
11.—(1) An EEA national must be admitted to the United Kingdom if he produces on arrival a
valid national identity card or passport issued by an EEA State.
(2) A person who is not an EEA national must be admitted to the United Kingdom if he is a family member of an EEA national, a family member who has retained the right of residence or a person with a permanent right of residence under regulation 15 and produces on arrival—
(a) a valid passport; and
(b) an EEA family permit, a residence card or a permanent residence card.

Here it does not say that the residence card should be issued by the UK authorities, so this could be used as an argument when producing lets say an Italian Family card?

Or is there a paragraph where it says "issued by UK authorities"?

Thanks
Would you mind starting this in a new thread? The reason I ask is that I would like to have people's feedback (positive and negative) of flying using an article 10 or 20 residence card. Actual experience, not theoretical. We often get people asking, can I fly here, can I fly there? Will I be denied boarding? Will I have no problem?

To answer your specific question, yes the definition of a residence card under the 2006 regulations is one issued under those same regulations (by the UK).
Sure, no prob

EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 8:22 pm

Post by EUsmileWEallsmile » Sun Apr 22, 2012 5:01 pm

docteurbenway wrote: Sure, no prob
Thanks. Have you read the conformance study? They did not spot this problem when the analysed the Uk's transposition, but as you see it is there.

http://ec.europa.eu/justice/doc_centre/ ... udy_en.pdf

Locked