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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
Obie wrote:This is something that is not provided for in either Secondary Community Legislation ( Directive 2004/38EC) or national legislation transposing it ( EEA regulation 2006), although i will assume, under the equal treatment provision in the directive, these two categories of people should in reality be treated equally, irrespective of nationality.
At present it is at discretion of immigration officer. However the stamping of passport is illegal under the directive and national legislation.
Indeed, after such rubbish remarks there is no point in arguing further with this individual. What you should do is ask for the Chief Immigration Officer; I have done that several times already and it always resulted in an apology, and the poor immigration officer probably had a bit of a hard time afterwards (out of public sight).seputus wrote:I've been in and out of the UK about 40 times since getting my EEA2 RC - but they've stamped me 39 out of 40 times.
After the first time I didn't get a stamp and they explained why, I showed up w/o a landing card the next time and the immigration officer absolutely insisted I fill one out even after I explained why I shouldn't have to. He said "different airports have different rules". I decided not to argue with him any further...
Good one, I'll have to remember thatfysicus wrote:ask for the Chief Immigration Officer
nonspecifics wrote:5.2.6. Endorsing the passports of residence card holders
UKBA Guidelines state: "Regulation 11(3) states that an immigration officer may not place a stamp in the passport of
a person who holds a residence card when he/she is admitted to the UK."
The Immigration ( European Economic Area) 2006 Regulations:
"11.(3) An immigration officer may not place a stamp in the passport of a person admitted to the United Kingdom under this regulation who is not an EEA national if the person produces a residence card or permanent residence card."
sorbone2004 wrote:Dear all,
I'm looking for information regarding the processing time for an endorsement of immigration Status Document into my passport.
In fact, I have applied for an EEA 2:
- in April;
- got the certificate of acknoledge in June;
- Ask back my passport since I need to seat for an exam;
- received my residence card into a immigration status document.
Now, I'm intending to travel with my husband. Hence, I have sent back my passport with the residence card (i.e. immigration status document) in order to have the residence card endorsed into my passport one week and half ago.
I have called the Border Agency and they told me that this process can take up to 6 months (As the application for the residence card)...
I'm a bit confused since I'm not asking for a residence card but just to endorse the one I just got...
Do anyone know the processing time for such request? or have a similar experience.
Many thanks in advance
It is not strange at all as your lawful stay depends on certain conditions, i.e. the EEA national to be exercising treaty rights. That can change at any time and therefore I would think it is logical for the UKBA to check whether those conditions are still met or not. The burden of proof is on the applicant.sorbone2004 wrote:It's strange to consider my request as a new application since I'm asking only to transfer the current residence card that I had received (a piece of paper) into my passport so I can be able to travel...
What is that 'EEA borders agency'? The directive does not specify how an RC has too look like. The UKBA has no problem with two passports. There may be problems with other countries.sorbone2004 wrote:Otherwise, the EEA borders agency will consider that my resident card is not endorsed and therefore not valid with respect to the European directive.
But they do here.sorbone2004 wrote:All this has been done as requested in the letter. In this letter, they never mention that we need a new application....
From where did you get that information? Embassy web pages?sorbone2004 wrote:EU borders agency = it's EEA borders (i.e. when you're traveling to France, Spain, Italy etc...) the immigration officers ask that the UK residence card is endorsed in your passport otherwise you can get into an EEA country even if the EEA national is next to you.
http://www.ukba.homeoffice.gov.uk/eucit ... ts-family/sorbone2004 wrote:The link doesn't worked...
Interesting. But there is no legal basis for that. Apart from that the RC is not a residence permit and what is more many member states do not put the RC in the passport.sorbone2004 wrote:As you will see the residence card needs to be "Please note that the residence permit must be endorsed in a valid passport or travel document."