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Hi all,

Hope your week is going well.

I am trying to help out a couple who had come to our advice place regarding an issue with a PR application. They are anxious whether they have adhered to the 5 year 'continuous residence' rule. They had had to travel to and fro from UK quite extensively for the first two years of the 5 years. They had travelled mostly via coaches and flights but unfortunately have not kept the travel records or noted down the time periods they were away. They seem to be confident that they have not stayed out of UK for more than 6 months in a year but cannot produce conclusive evidence for all their travels.

Based on the above context, I am trying to find out whether UKBA can access travel records/data of EEA nationals for immigration applications.
As far as I know the travel data of flights are automatically recorded by the e-borders system and the same is probably true for ferries and coaches too. In addition at many ports of entry into UK the passports of EEA nationals may get scanned and I guess that data is captured.

But when processing an application for any EEA visa (especially for PR applications) can UKBA officials access these travel data for the process.
I think they can access these records for some cases (e.g. crime related) but I would be most grateful for any feedback on this issue.

In the meantime, I have asked them to call up the flight companies in order to get details about their travel and so also for the coach companies.But apparently for the latter the information may be difficult to obtain as they do not keep records beyond a certain period of time. I have also requested them to consult a good solicitor.


Many thanks.

Ran

Your question is really very interesting. But according to european legislation within EEA zone no country has authority to stamp passport of EEA national unless he/she wants to do that. Because placing entry stamp are for those nationals who cannot enter/live freely in EEA zone. Moreover, data protection act 1998 always protect the disclosure of data pertaining to regardless of the authority/body unless in serious situations.
hope you get answer.

ran wrote: I am trying to help out a couple who had come to our advice place regarding an issue with a PR application. They are anxious whether they have adhered to the 5 year 'continuous residence' rule. They had had to travel to and fro from UK quite extensively for the first two years of the 5 years. They had travelled mostly via coaches and flights but unfortunately have not kept the travel records or noted down the time periods they were away. They seem to be confident that they have not stayed out of UK for more than 6 months in a year but cannot produce conclusive evidence for all their travels.

If they have not been absent for more than the allowed time, they just need to say so in a covering letter. I can't recall every little trip is an acceptable answer.

Don't lie. Never lie or make things up.

I don't think there is a need to contact the airlines or coach companies.

They should list to the best of their knowledge.

If they can prove they have been in the UK for more than 6 months a year (for example bank statements, employment records etc), then where and when exactly did they go for the rest f the year is not required.

I am pretty convinced that this is a relatively new addition to the form (I don't remember it being on the older versions, but I don't have them to hand).

In any case, the important thing is that the applicant has not been absent for more than the allowed time. Frankly, it would take a lot to be absent for more that the allowed time and if one was, one is more likely to remember that than every little trip.

EUsmileWEallsmile wrote:I am pretty convinced that this is a relatively new addition to the form (I don't remember it being on the older versions, but I don't have them to hand).

The section asking to list the absences was added in the latest version of the form (06/11). It wasn't there before (but evidence to prove residence in the Uk was always there).

Thanks Jambo, so as suggested previously a statement that one complied along with the usual evidence should be sufficient.

It is really important that if people do not know, they should simply state that they cannot remember the specifics, but know that they did not take an 18-month round the world trip, which surely they would remember!

And as you said before - never lie or make things up. Very bad in general in life and even worse when dealing with immigration matters.

Jambo wrote:And as you said before - never lie or make things up. Very bad in general in life and even worse when dealing with immigration matters.

Absolutely!

Many thanks for the posts.

I totally agree about not lying or putting in any wrong information on the application form (had advised them about this already). I have requested them to fill up the travel section as best as they can and not to worry about acquiring travel records!

But just out of interest, do the EEA caseworkers have the right to chase up travel records of EEA nationals for immigration applications? I would have thought a court order or official consent of the person concerned would be required!
I know the e-borders system records a lot of information as well the passport scanners at entry posts. But I would think even that data is protected by Data Protection or some other Act and caseworkers would not have access to the information automatically.

Hope you have a great weekend

ran

You are looking at it from the wrong angle.

The CW are not interested in the travel abroad. What they are looking for is evidence of residence in the UK for more than 6 months a year. If this is supported by the evidence provided, there is no point in checking the applicant whereabouts for the rest of the year.

Jambo wrote:You are looking at it from the wrong angle.

The CW are not interested in the travel abroad. What they are looking for is evidence of residence in the UK for more than 6 months a year. If this is supported by the evidence provided, there is no point in checking the applicant whereabouts for the rest of the year.

Exactly.