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Hi every one today I got my decision and I was granted a RESIDENCE CARD FOR FAMILY MEMBER OF HUNGARIAN CITIZEN.

me and my wife want to move to UK.
I dont want to get in waiting situation again by applying Family permit etc. as you know sometime they refuse for no reason.
I have two options:
entry via Dover-Calaise and get EEA DEPENDENT INK STAMP
other is via Ireland as I can travel along with my wife as I don't require any kind of visa to Ireland. and then we can enter UK as this is part of CTA

my question is,
what would me my status in UK if I enter UK without FAMILY PERMIT/EEA DEPENDANT INK STAMP via IREALND.
will it be a problem for my future application in UK

note: in both cases my wife always be with me, I just want to avoid embassies precesses.

wish_uk wrote:Hi every one today I got my decision and I was granted a RESIDENCE CARD FOR FAMILY MEMBER OF HUNGARIAN CITIZEN.

me and my wife want to move to UK.
I dont want to get in waiting situation again by applying Family permit etc. as you know sometime they refuse for no reason.
I have two options:
entry via Dover-Calaise and get EEA DEPENDENT INK STAMP
other is via Ireland as I can travel along with my wife as I don't require any kind of visa to Ireland. and then we can enter UK as this is part of CTA

my question is,
what would me my status in UK if I enter UK without FAMILY PERMIT/EEA DEPENDANT INK STAMP via IREALND.
will it be a problem for my future application in UK

note: in both cases my wife always be with me, I just want to avoid embassies precesses.

The Border Force Operations manual may help provide the clarification you are looking for:
https://www.whatdotheyknow.com/request/ ... ndents.pdf

noajthan wrote:

wish_uk wrote:Hi every one today I got my decision and I was granted a RESIDENCE CARD FOR FAMILY MEMBER OF HUNGARIAN CITIZEN.

me and my wife want to move to UK.
I dont want to get in waiting situation again by applying Family permit etc. as you know sometime they refuse for no reason.
I have two options:
entry via Dover-Calaise and get EEA DEPENDENT INK STAMP
other is via Ireland as I can travel along with my wife as I don't require any kind of visa to Ireland. and then we can enter UK as this is part of CTA

my question is,
what would me my status in UK if I enter UK without FAMILY PERMIT/EEA DEPENDANT INK STAMP via IREALND.
will it be a problem for my future application in UK

note: in both cases my wife always be with me, I just want to avoid embassies precesses.

The Border Force Operations manual may help provide the clarification you are looking for:
https://www.whatdotheyknow.com/request/ ... ndents.pdf

thanks for reply

actually my question was, residence card holder which is issued under domestic law, can get EEA DEPENDANT INK STAMP at border.

or this is only for the people who hold ARTICLE 10 CARD traveling without EEA FAMILY PERMIT

THNKS AGAIN,

some body holds a residence card under domestic law and have got entry stamp at uk border????


thanksssss

wish_uk wrote:thanks for reply

actually my question was, residence card holder which is issued under domestic law, can get EEA DEPENDANT INK STAMP at border.

or this is only for the people who hold ARTICLE 10 CARD traveling without EEA FAMILY PERMIT

THNKS AGAIN,

I understood the question.

The Border Force manual shows how you are likely to be treated at the border by the UK IO.

For travelling without an Article 10 card (as UK does not recognise other countries' domestic cards) you are effectively travelling 'without a visa'.

This is covered by case law & C-459/99 (MRAX vs Kingdom of Belgium) has been incorporated explicitly into Directive 2004/38/EC.

Luckily the EU Directive is your friend, see:
https://eumovement.wordpress.com/2010/0 ... to-travel/

ok here are some questions now

does border guards will ask my wife about address in uk, future plans, job offer or any thing else

is there be any interview on the border like Calaise or Dover,

if we travel by bus, what will happen, does it cause delays only for us or for all the passengers while they looking at our documents

wish_uk wrote:ok here are some questions now

does border guards will ask my wife about address in uk, future plans, job offer or any thing else

is there be any interview on the border like Calaise or Dover,

if we travel by bus, what will happen, does it cause delays only for us or for all the passengers while they looking at our documents

Questions: possibly.

Interview/questions at Calais: possibly.

Delay to bus: don't know.

Other members have posted their experiences of travelling by car/bus via Calais/Dover - you could search forum for such posts.

Similar case that relates to the questions you're asking - may be of interest to you:
eea-route-applications/surinder-singh-c ... l#p1295593

noajthan wrote:Similar case that relates to the questions you're asking - may be of interest to you:
eea-route-applications/surinder-singh-c ... l#p1295593

Does Surinder Singh rout apply to us, as my wife is not British

thanks

wish_uk wrote:

noajthan wrote:Similar case that relates to the questions you're asking - may be of interest to you:
eea-route-applications/surinder-singh-c ... l#p1295593

Does Surinder Singh rout apply to us, as my wife is not British

thanks

Surinder Singh can be practised by any EEA national & their non-EEA national spouse by the pair of them moving to any other EU country 'for a while' before returning to the EEA national's home country.

The reason for showing you the link is for the bit that explains what happened at the border (as that is what you had asked about in particular).

noajthan wrote:

wish_uk wrote:

noajthan wrote:Similar case that relates to the questions you're asking - may be of interest to you:
eea-route-applications/surinder-singh-c ... l#p1295593

Does Surinder Singh rout apply to us, as my wife is not British

thanks

Surinder Singh can be practised by any EEA national & their non-EEA national spouse by the pair of them moving to any other EU country 'for a while' before returning to the EEA national's home country.

The reason for showing you the link is for the bit that explains what happened at the border (as that is what you had asked about in particular).

thanks again,

Is it will enough to say to border force, that we are moving to Uk to live there and will apply Residence card within six months.

and what is CENTER OF LIFE test. does it imply on us

thnkssssss

wish_uk wrote:Is it will enough to say to border force, that we are moving to Uk to live there and will apply Residence card within six months.

So long as you can prove that you are married to an EEA citizen and the EEA citizen is accompanying you, you have the right to enter the UK.

Surinder Singh and "center of life" requirements do not apply to you as you are the spouse of a Hungarian citizen. They apply to British citizens who have lived in another country in the EEA and are returning.

Surinder Singh is not applicable to this case and I am not sure why it was brought up.

OP the problem with your case is that the courts in UK has found your relationship not to be genuine.

I am therefore concerned that you will encounter problems at the border.

The permit you have does not seem to be an Article 10 Residence Card unless your wife was treated as a returning migrant worker when she returnee yo Hungary.

Obie wrote:Surinder Singh is not applicable to this case and I am not sure why it was brought up.

OP the problem with your case is that the courts in UK has found your relationship not to be genuine.

I am therefore concerned that you will encounter problems at the border.

The permit you have does not seem to be an Article 10 Residence Card unless your wife was treated as a returning migrant worker when she returnee yo Hungary.

I am afraid that you didn't read my most recent post and didn't understood my current situation

1- I dont have applied my Residence Card application in UK courts, as it was applied in Hungary immigration office.
2- now I have won the case, and now I hold RESIDENCE CARD FAMILY MEMBER OF HUNGARIAN CIT.
3- we are planning to move to Uk,

hope you can have clear pic of my case now

kind regards

I understand your case very well.

I am telling you that coming to the border in the light of the UK refusing you on grounds of marriage of convenience previously, may lead to refusal again.

I know you said the Hungarian authorities have issued residence permit and I bear that in mind aswell.

You will appreciate that this is not the first contribution that I have made to your post.

Obie wrote:I understand your case very well.

I am telling you that coming to the border in the light of the UK refusing you on grounds of marriage of convenience previously, mat lead to refusal again.

I know you said the Hungarian authorities have issued residence permit and I bear that in mind aswell.

You will appreciate that this is not the first contribution that I have made to your post.

you mean to say, even I have win the case, but MARRIAGE OF CONVENIENCE HAVE NOT STILL REMOVED FROM THE SYSTEM

first time they refused application, and say marriage of convenience
we appealed, and ask to change the decision, and now we have positive decision
winning the case doesn't mean thtt before immigration was wrong at their observations???? and they have to change the decision. and they must have to remove this decision, isn't it??

If it was the Hungary authorities that made the accusation and the courts in Hungary has found that it was wrong, then you will be fine.
I was under the impression that it was UK court that found your marriage was convenience .

Obie wrote:If it was the Hungary authorities that made the accusation and the courts in Hungary has found that it was wrong, then you will be fine.
I was under the impression that it was UK court that found your marriage was convenience .

I mentioned it clearly that I never applied in Uk courts.

thanks God, other wise you make me sad today, I was thinking that MARRIAGE OF CONVENIENCE is still chasing me,

Now I can travel with confidence?
I am confident because we really want to move, as my wife son will also be registered in UK school system.

secondly,

is there any good impact , if my wife go first alone and find a job, school, house and then she take me with her.

or we can travel first time.

thnks

noajthan wrote:

wish_uk wrote:thanks for reply

actually my question was, residence card holder which is issued under domestic law, can get EEA DEPENDANT INK STAMP at border.

or this is only for the people who hold ARTICLE 10 CARD traveling without EEA FAMILY PERMIT

THNKS AGAIN,

I understood the question.

The Border Force manual shows how you are likely to be treated at the border by the UK IO.

For travelling without an Article 10 card (as UK does not recognise other countries' domestic cards) you are effectively travelling 'without a visa'.

This is covered by case law & C-459/99 (MRAX vs Kingdom of Belgium) has been incorporated explicitly into Directive 2004/38/EC.

Luckily the EU Directive is your friend, see:
https://eumovement.wordpress.com/2010/0 ... to-travel/

Does this directive also apply to those non eu family members who do not have Article 10 card which state "family member of Union cit"

thanks

wish_uk wrote:Does this directive also apply to those non eu family members who do not have Article 10 card which state "family member of Union cit"

thanks

Yes. Because it's the free movement Directive.
(Did you read the link?)

It does not apply to their residence permit which was not issued under Article 10, if that is your question, but it certainly applies to them if they are accompanying their family members.

Obie wrote:It does not apply to their residence permit which was not issued under Article 10, if that is your question, but it certainly applies to them if they are accompanying their family members.

People who don't have Article 10 residence card can not travel alone, but If they are accompanying their eu spouse have right to get entry to UK under EEA regulation?

Can you please provide me some certain link and specific article no, so that I will keep with me to show at border for my safety

me and my wife choose to travel by EUROTUNNEL.

THNKS

wish_uk wrote:Can you please provide me some certain link and specific article no, so that I will keep with me to show at border for my safety

me and my wife choose to travel by EUROTUNNEL.

THNKS

I can't see why you are unclear.
Read the link provided.
It has a clear step-by-step guide for what you wish to do.

You could google & print out the Directive (2004/38/EC) text if you wish.
To save you 10 seconds here it is:
http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF

noajthan wrote:

wish_uk wrote:Can you please provide me some certain link and specific article no, so that I will keep with me to show at border for my safety

me and my wife choose to travel by EUROTUNNEL.

THNKS

I can't see why you are unclear.
Read the link provided.
It has a clear step-by-step guide for what you wish to do.

You could google & print out the Directive (2004/38/EC) text if you wish.
To save you 10 seconds here it is:
http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF

Dear Naothjan and Obie, thank you so much for guiding me, I appreciate you help.

I am sorry if I am asking again and again,
my concerns are following:

1- I don't have ARTICLE 10 residence Card. I have HUNGARIAN family member card (domestic)
2- I don't have FAMILY PERMIT
3- My wife never have exercise treaty rights in UK before.
4- we are travelling through CALAIS EUROTUNNEL by EUROLINES BUS.
5- We are going to claim at border that non eu spouse is accompanying his Eu spouse who is going to uk to find job and to live there (to exercise treaty rights)

We will have
1- our passports
2- Residence permit issued to family member of Hungarian Cit.
3- Marriage certificate
4- A printout of directive 2004/38/ec

any further advise????????????????????????

thankss

11(4).