STAMP4 / 4EUFAM.... Can we travel??? Please help

niceday · Post by **niceday** » Tue Dec 22, 2009 12:57 pm

I am a UK citizen and my wife is an Indian national. We live and work in Ireland and she has a GNIB residence/ stamp4 EUFAM card valid for 5 years. Last weekend we traveled to UK and she was refused entry at Holyhead, the immigration officer said that we could exercise our EU treaty rights anywhere else in EU but not UK because I'm a UK citizen. So basically we can travel together anywhere within EU but not UK. Crazy..... To make things worse the immigration officer was waving her passport around to her colleagues and saying 'I've caught one' which obviously made my wife and I very upset. Please someone help me with some advise. Thanks.

acme4242 · Post by **acme4242** » Tue Dec 22, 2009 1:10 pm

http://www.bia.homeoffice.gov.uk/siteco ... dlaw/ecis/

I suggest you take legal action. and seek compensation.
Here is the specific rule
http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary

British Immigration rules

Before an Immigration Officer refuses admission to a non-EEA national under
Regulation 11(2) because s/he does not produce an EEA family permit, the IO must
give the non-EEA national reasonable opportunity to provide by other means proof
that he/she is a family member of an EEA national with a right to accompany that
national or join him/her in the UK.

EDIT:
What the Official did was against British and EU Immigration laws.
The degrading humiliation is not allowed also.

niceday · Post by **niceday** » Tue Dec 22, 2009 1:28 pm

Thanks a million, that looks like I have a case because we were treated high-handedly for sure. I'm just not sure about the IO's reasoning that because I'm UK citizen and resident in Ireland, he said I can't use my EU treaty rights for entry into my own country and therefore my wife needs a UK family visa. So if he is right we have just been through 6months of applications in Ireland because we live here and we are now expected to go through the same ordeal in UK. Just so we can visit my family in UK occasionally. Now I'm positive the IO is wrong but how can I prove it??? If I know that answer then legal action could follow.

Post by **Obie** » Tue Dec 22, 2009 1:30 pm

I think this is a very serious matter. You should certainly make a complaint about the ignorance and poor conduct shown by the immigration officer.

In your complaint, you should mention the Singh ruling, the Mrax ruling, the fact that the ignore Paragraph 5.9 of the UK Border Guard Manual, and Regulation 9 and 11(4) of the EEA regulation 2006.

I hope you made clear to the officer that you are a British National who has been exercising treaty rights in another member state as an Economically active person, and provided him proof of the same.

niceday · Post by **niceday** » Tue Dec 22, 2009 1:45 pm

Well I didn't go into full details earlier but basically this is it:- We were stopped by a female IO who checked our passports and said to my wife where is your Visa? My wife said that she didn't need one because of EU treaty rights and showed her the residence card. The IO said you need one because you are from Pakistan. The wife wasn't very happy about that and said 'I'm from India, can't you read?' So the IO checked with her male colleague who at first said 'their fine let them through' The female IO said to him she disagreed so they decided to take us to the interview room. At first we were interviewed together briefly but then they decided to separate us, to see if our story matched. As my wife was lead to another briefing room the female IO waved her passport to another female IO and said I've caught one. Back in my briefing room I explained everything and told the IO that I thought he was wrong and we were right. He wasn't completely sure himself and decided that he would keep her passport and residence card, as long as I went and bought a return ticket for the boat for 24hrs later. Slightly patrionised us by saying he would do this favour just because we seemed like nice people and it was Christmas. So we were allowed through for 24hours but still very angry about the humiliation we suffered. The IO returned the passport and GNIB card to my wife when we returned to catch the ferry back to Dublin.

Additionally when we returned to Dublin, her passport was stamped for entering Ireland, we didn't think that they were supposed to do that.

So thats the full version. Hey thanks to all for the help.

Post by **Obie** » Tue Dec 22, 2009 2:00 pm

[b]Regulation 4(4)[/b] wrote: (4) An immigration officer shall not, at the point of entry, place a stamp in the passport of a
qualifying family member who presents to the officer a valid residence card.

acme4242 · Post by **acme4242** » Tue Dec 22, 2009 2:16 pm

Did you get any paper work stating the reason for your forced return etc ?.. was your wife's passport stamped with a deported sticker. ?

If I understand correct (uk law?) by EU law at least, they must supply you with written explanation. Not just kick you back on the boat. even if it is
24 house later.

EU Schengen Rules .
[quote]

6.4 When refusing the entry to third-country nationals, the checking officer must:
a) fill in a standard form for refusing entry substantiating the reason(s) for refusal, and give it to the third-country national concerned, who must sign the form and must be given a copy of the signed form. In case the third-country national refuses to sign, the border guard will indicate this refusal in the form under the section "commentsâ€

niceday · Post by **niceday** » Tue Dec 22, 2009 2:29 pm

We got no written statement from them, they made my wife sign some documents saying she had received her passport back and that the IO's had explained to her the reason why she is not allowed in UK without a visa. We only have the names and contact details of the IO's involved.

acme4242 · Post by **acme4242** » Tue Dec 22, 2009 3:29 pm

Obie, this link no longer works
make a complaint

Post by **Obie** » Tue Dec 22, 2009 4:01 pm

Sorry, it appears i mistakingly deleted the s from contacts on the address link i sent earlier. Make a complaint

acme4242 · Post by **acme4242** » Tue Dec 22, 2009 4:27 pm

post removed

acme4242 · Post by **acme4242** » Tue Dec 22, 2009 5:01 pm

Obie wrote: I hope you made clear to the officer that you are a British National who has been exercising treaty rights in another member state as an Economically active person, and provided him proof of the same.

The fact that his wife had a 4EUFAM card is enough, it is issued under
2004/38/EC, and she was traveling with her EU husband.
Its the Immigration Officer job to know UK and EU Immigration law. such as the Surinder Singh UK Ruling

acme4242 · Post by **acme4242** » Tue Dec 22, 2009 5:26 pm

Here is the Surinder Singh ruling implemented in UK law This is how you get your EU rights , from
this ruling.
As you live and work in Ireland, what the immigration officer did to you
was clearly against the law. Its the immigration officer job to know UK and EU immigration laws.

1.3 Status of British nationals in relation to exercising Treaty rights
The UK is also a member the European Economic Area; however, a British National cannot exercise a Treaty Right in the UK. A British National, and their third country national family members, can only benefit from European law if they meet the criteria established in the case of SURINDER SINGH.
The ECJ case of SURINDER SINGH states that nationals of a Member State who go with their non-EEA family members to another Member State to exercise a Treaty right in an economic capacity, will on return to their home state, be entitled to bring their non-EEA family members to join them under EC law. (For example, a British national who has lived and worked in Germany with his/her non-EEA national spouse/children and is now returning to the UK with his/her family).
The SURINDER SINGH judgement is incorporated into the 2006 Regulations in regulation 9, and:
â€¢
is confined to those cases where a British national has worked or been self established in an EEA State.

UK law The Immigration Regulations 2006 UK Statutory Instrument 2006 No. 1003 regulation 9 download >here<

9. â€”(1) If the conditions in paragraph (2) are satisfied, these Regulations apply to a person who is the family member of a United Kingdom national as if the United Kingdom national were an EEA national.

(2) The conditions are thatâ€”

(a) the United Kingdom national is residing in an EEA State as a worker or self-employed person or was so residing before returning to the United Kingdom; and

(b) if the family member of the United Kingdom national is his spouse or civil partner, the parties are living together in the EEA State or had entered into the marriage or civil partnership and were living together in that State before the United Kingdom national returned to the United Kingdom.

(3) Where these Regulations apply to the family member of a United Kingdom national the United Kingdom national shall be treated as holding a valid passport issued by an EEA State for the purpose of the application of regulation 13 to that family member.

zafarzafar · Post by **zafarzafar** » Tue Dec 22, 2009 8:44 pm

take legal action

auto_w · Post by **auto_w** » Thu Dec 24, 2009 9:56 am

here is the answer http://www.ukvisas.gov.uk/en/howtoapply ... ionals#Q14
where it says i'm a british citizen

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

STAMP4 / 4EUFAM.... Can we travel??? Please help

STAMP4 / 4EUFAM.... Can we travel??? Please help