Visa free travel for Residence Card holder Case refer to ECJ

cafeconleche wrote:Were you moving to the UK to live? If not, why did you bother with the EEA FP instead of entering on the strength of your passport?

If you WERE moving to the UK, then you ought to have demanded that you be admitted under EEA family rules. But, I can understand if you didn't want to bother with it.

londonimm1 wrote:Would love to talk to you about this, I have been researching this very subject .. for an article.

kyanfar wrote:My partner and I arrived in Luton Airport in the UK on 20th April 2015. We proceeded to the passport control gates assigned to the EEA and EU citizens. There I presented my residence card which is issued in Germany under article 10 of the Directive 2004/38 and my passport. I was denied the right to enter at that moment and was detained. Meanwhile my Partner was told that he can go ahead and collect the luggage and leave me there. At this stage it was not clear that what was the decision as to whether allow me to enter the UK or not. My partner refused to do so and he insisted that he will stay with me until we knew what the decision was. Meanwhile, I reminded the border officer that I should be allowed to enter the UK with my passport, a resident card issued under article 10 to family members of a union citizen if my EU national family member is accompanying me according to the UK government website: https://www.gov.uk/government/publicati ... dence-card. He insisted that he never heard of such a ground as to allow people to enter and insisted that such a rule does not exist. I had the UK government website page on this matter on my phone and showed it to him and at this stage he was confused. Subsequently in my response, when I asked him why I was being detained, he replied that previously I was denied a visa and my name is in their blacklist. I pointed out that It was not a visa but an EEA Family Permit which the UK clearly and without any doubt refused to issue me with one in the past. He gave me a paper which detailed the information on why I was being detained. He consulted the officer who was sitting next to him and he was advised that I should not be allowed to enter with a resident card of a family member of a union citizen unless it was issued by the UK. We were led to a corner to sit and wait for the officer who was serving us. He returned and told us that he talked to his boss about me and that I was living in Germany and there is no reason that I should not be allowed to enter the UK under being an Australian national and not a family member of an EU citizen. My partner asked him whether this problem, me being in their blacklist of entry, would cause me more trouble in the future and his answer was that he was recommending my name be removed. He stamped my passport with a notice of "leave to remain in the UK for 6 months" as a tourist..

UKBA officers have no idea about any new regulation concerning EU and EEA nationals and their non EU/EEA family member. It is always the case with the UK that, it takes 9 years to implement he correct rule, but just on the paper, and another 9 years and some more court cases on the same issue to implement fully....... This will never change in the UK. With their lost drop of blood, they make sure that non EEA/EU family members are to be hindered....

rosebead wrote:Thanks for posting your story kyanfar. It's shocking that UK border guards are so woefully trained. Perhaps you should make a complaint to the European Commission.

vinny wrote:Were they unaware of 11(4) and 13 too?

ppp wrote:Yes I am a British national and was exercising Free Movement Rights in another EU Member State. I lived and worked there for nearly 5 months. Then I decided to apply for Family Permit for UK for my dependent (elderly and frail) mother. It was rejected for a host of reasons, starting with her previous visa refusals (settlement in the UK), then they didn't like my work evidence (didn't look at payslips and were confused with bank statements) and Centre of Life. So I decided that my mother can accompany me to the UK without FP but just with her EU RC. We were detained. They insisted we should have appealed against the FP decision and couldn't come without a visa. My mother is not a threat to anything, she had had a perfect immigration history until we applied for settlement in the UK for her (we did't realize then that it was an unwritten ban and the rules would be impossible to satisfy).
Now they want us back for an interview and will probably want to stamp her passport with a refused entry stamp.
Is there anything I can do?
Thank you

qinqin wrote:I hold a valid Residence card (of a family member of a Union citizen, issued in Germany under Article 10 of 2004/38). Do I need to buy return ticket if I travel to the UK with my spanish wife?

kyanfar wrote:

ppp wrote:Yes I am a British national and was exercising Free Movement Rights in another EU Member State. I lived and worked there for nearly 5 months. Then I decided to apply for Family Permit for UK for my dependent (elderly and frail) mother. It was rejected for a host of reasons, starting with her previous visa refusals (settlement in the UK), then they didn't like my work evidence (didn't look at payslips and were confused with bank statements) and Centre of Life. So I decided that my mother can accompany me to the UK without FP but just with her EU RC. We were detained. They insisted we should have appealed against the FP decision and couldn't come without a visa. My mother is not a threat to anything, she had had a perfect immigration history until we applied for settlement in the UK for her (we did't realize then that it was an unwritten ban and the rules would be impossible to satisfy).
Now they want us back for an interview and will probably want to stamp her passport with a refused entry stamp.
Is there anything I can do?
Thank you

Hi,

My recommendation is that you should ask for the European case worker in UKBA, as they are more knowledgeable than the staff themselves...... You can also contact Solvit UK to get them involved.... their contact details follows:

Chris Korcz
Department for Business, Innovation and Skills
1 Victoria Street
UK - London SW1H 0ET
Tel. +44 20 7215 2833
Fax. +44 20 7215 2234
solvit@bis.gsi.gov.uk

pranjam wrote:However on further research it seems UKBA are insisting that this will not apply to british citizens but only to EEA nationals and so for any british citizen to wishes to use this route will have to first go through the center of life rules to prove that they are an EEA natonal and have exercised their EU treat rights. A FOI request to clarify this has been raised by britcits but UKBA has failed to respond to it so far. The details of that request here McCarthy ruling -2

Please clarify whether by the above it is meant that in practice family members of British citizens, holding an Article 10 Residence Card issued by an EEA Member State other than Switzerland, are thus still required to obtain a UK Family Permit or UK visa,even where the travel is with or to join their sponsor (British).

Specifically, is the Home Office then interpreting the McCarthy judgment as not applying to family members of British citizens, even where the family member holds an Article 10 Residence Card purely because of their relationship with the British citizen who the issuing Member State accepts has exercised their EU treaty rights? If the answer to the above is yes, please explain why.

As a separate request, please let us know why UK has interpreted
McCarthy to not apply to those holding a Swiss Residence Card
(appreciate Switzerland is not in the EEA, although there is some
allowance for free movement).

If the answer to the above is yes, please explain why.

In order to be admitted to the UK, the non-EEA national would need to demonstrate that they have a right of admission under EU law. The presentation of an Article 10 residence card does not on its own give the holder a right of admission, it simply exempts the holder from the requirement to hold an EEA family permit. A person who presents such a document must also demonstrate that:

* they are the family member of the EEA national as claimed; and
* they are accompanying the EEA national to the UK, or
* they are joining the EEA national in the UK; and
* the EEA national is residing in the UK in accordance with the Immigration (European Economic Area) Regulations 2006 (asamended), or will have a right of residence on entering the UK (where they are travelling with the non-EEA family member).

Non-EEA family members of British citizens must also demonstrate that the conditions in Regulation 9 are met in order to have a right of admission.