Residence card after Eind judgement ECJ

[sarah82]

Hi Forum,

I would like some help in understanding the Eind judgement.
I am UK/IRISH Dual national.
Entered UK at Calais border with no EEA FP for my Non-Eea husband.

here is my old thread so as I am not seen to be duplicate posting:

http://www.immigrationboards.com/viewto ... 104#570104

I intend to apply for the RC under the Surrinder Singh regulations,
I have worked full time for 3 months in The Netherlands:

The Eind judgement seems to suggest that upon returning home the Eea National doesn't need to be a qualified person ( ?)

Does this mean that I can apply for the RC for my husband Now ?

As at present I am neither a job seeker nor worker,
I am intending to work but at present we have been in the UK for just 5 days and really need some kind of proof of my husbands right to work as a family member and the only thing that I think can proove his right to employment would be the certificate of application.

So does anyone know if I may apply for the RC now(as I've already exercised my treaty rights in The Netherlands?
Or must I wait until I am a qualified person?

Thank you all for your help

[Jambo]

The Eind judgement seems to suggest that upon returning home the Eea National doesn't need to be a qualified person ( ?)

Does this mean that I can apply for the RC for my husband Now ?

As far as I understand the Eind judgement - yes. There is no need for you to be a qualified person in the UK. The evidence you will need to provide (over and over again) is for your time in the Netherlands as a worker.

BTW - it seems that you husband did get Code 1A stamp (access to employment and public funds allowed). Code 1A is just the internal name of it. It doesn't actually say 1A in the stamp.

[sarah82]

Many Thanks for your reply Jambo

[Obie]

Under Eind Judgement as stated earlier, you are deemed qualified from the day you entered the UK.

However the UKBA don't see things that way and usually require evidence that the returning British National is a qualified person.

If they refuse your application for failing to prove you are qualified, Eind will be a big resource in any appeal.

[Directive/2004/38/EC]

Sarah

Did you apply for the RC? Any feedback?

[greatscott]

The Eind judgement seems to suggest that upon returning home the Eea National doesn't need to be a qualified person ( ?)

Does this mean that I can apply for the RC for my husband Now ?

BTW - it seems that you husband did get Code 1A stamp (access to employment and public funds allowed). Code 1A is just the internal name of it. It doesn't actually say 1A in the stamp.

Jambo, what does this stamp look like?- can it be described?

Our situation is very similar.
Also entered without a FP.
And also got a stamp at the border into our non-eu passport, after which the IO said we had 6 months to apply for RC.

About 6 weeks after arriving we went to the local Jobcentre Plus, and one of the decision makers there said that our non-eu family member was not allowed to apply for NI or to claim until they had "Home Office papers" to show??.

And just before they made this statement, I had showed them the stamp in the non-eu passport (because I could see nothing at all to refer to the 6 months the IO had referred to at the border post). Their reply was, yes they could see from the stamp what kind of stamp it was!

So, contrary to what Jobcentre Plus told us, its quite possible that the non-eu family member was in fact immediately entitled to public funds after all?

[Jambo]

See here (are we allowed to link to the "other" website) - Code 1A stamp.

She should have an entry stamp (date + port) and above it another stamp (code 1A) in which the IO should write the expiry date or up to 6 months. It should not have an endorsement stating "No recourse to public funds" (which visitors get).

What were you after from the job centre? NI application or benefits?

[greatscott]

See here (are we allowed to link to the "other" website) - Code 1A stamp.

She should have an entry stamp (date + port) and above it another stamp (code 1A) in which the IO should write the expiry date or up to 6 months. It should not have an endorsement stating "No recourse to public funds" (which visitors get).

What were you after from the job centre? NI application or benefits?

Thanks for that- no, that was not the stamp we received- ours was just a nondescript circular stamp, with no endorsement at all (the passport has since been sent in for EEA2, so can't scan this for comment).

Well, we went to ask if they could their NI number and thought we'd ask about JSA while we were there.
But apparently NI comes first before being considered for JSA.
And, as I said before, apparently she can't apply for either until she gets her COA back (which we've been waiting for 8 weeks for now).

[Directive/2004/38/EC]

See here (are we allowed to link to the "other" website) - Code 1A stamp.

She should have an entry stamp (date + port) and above it another stamp (code 1A) in which the IO should write the expiry date or up to 6 months. It should not have an endorsement stating "No recourse to public funds" (which visitors get).

What were you after from the job centre? NI application or benefits?

Which is considered the Code 1A stamp in this picture? Were you there when this was stamped?

[Jambo]

Which is considered the Code 1A stamp in this picture? Were you there when this was stamped?

The top stamp is the Code 1A. I wasn't there when this one was stamped (I just linked to someone else story about entering the UK without a Family Permit) although I did see one getting stamped in 2009.

The one I saw did not have the surrounding border but the text was similar. It also said "Leave to enter the United Kingdom is hereby given for/until ..." with 3 boxes below where the IO writes some letters/numbers (I presume this is a reference number). No additional endorsement is added (such as "No recourse to public fund" or "employment prohibited" which other visa categories might get).

I would also expect that if a non-EEA national enters the UK with an expired EEA FP and/or a CoA (for a RC), he should get a Code 1A stamp.

Is there any member who could share a recent stamp with the forum?

[Directive/2004/38/EC]

Also, what is a link to the text of the story?

[Jambo]

Also, what is a link to the text of the story?

Derived free Movement Rights at the Border without a Family Permit or Residence Card.

It's the first story on the no-visa page on eumovement site

[Directive/2004/38/EC]

It's the first story on the no-visa page on eumovement site :-)

Ah, now that is a classy site! :-)

[sarah82]

Hi all,

Haven't been on this forum for quite some time as have been rather unwell to say the least.

Here's an update on how things are going!

My husband applied for EEA2 / RC back in January but the application was returned to us.

(as we had not translated Dutch papers proving I had been employed in the Netherlands, also I didn't have a British passport to submit and yet was applying under Singh!)

We again applied on 06/03/2012 enclosing translations and my new British passport.

Husband received C.O.A dated 20/03/2012 after which he requested our passports be returned and they promptly were.

We have yet to receive any decision and 6 months is fast approaching!

Also, we applied citing EIND and I was receiving Job seeker's allowance from 12/2011 to 03/2012.

From March 2012 I have had some personal and family problems and as a result have been suffering from extreme anxiety attacks and depression for which I am receiving therapy and medication.

Therefore I have been receiving ESA from 03/2012 and although my husband has never received or claimed any benefits I am guessing that my period of illness and claiming benefits will have some negative impact on either his EEA RC or later, EEA Permanent Residence.

If anyone could provide any further information / knowledge on this matter I would sincerely appreciate it.

Many Thanks

Sarah

[Directive/2004/38/EC]

You may find the following note from UKBA to be interesting regards to Eind: http://www.whatdotheyknow.com/request/1 ... 023660.pdf

If it is close to 6 months, I would suggest you send a polite reminder asking for the RC. Does your non EU spouse need the RC for travel or for work? If so mention that in your letter, and ask that the RC be processed on a priority basis.