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Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha
The idea's been scrapped.imraniqbal2010 wrote:So any update?
Because the whole "freemium" business idea is suspect. It creates an incentive to deteriorate the quality of the free product, so that more people charge the premium product. It happened with Spotify, Amazon shipping, and many other services. I am sure the Home Office would also suddenly become even more difficult to deal with, and if you complain, they would point out the premium service...borek wrote:I don't understand why people are so negative.
They never promised same day service anyway. You still will have to wait same time like when you submit it by post. Many people use Agents to make sure they have got everything that is required and they filled the form in correctly. Thats what the walk in service offer. Nothing else. You will not have PR on the same day:)thsths wrote: Now that does not mean I am against a same day service, but I am very sceptical that they could charge for it without ruining the system completely.
They used to process EEA1 applications in person, and the promise was that most applications would be decided the same day. I do not think they do that any more, and anyway it took weeks to get an appointment, so it was not as useful at it may seem.borek wrote:"We will be introducing a fee of £300 for applications made in person at our public enquiry office in the future, but there will no fee for applications made by post."
Nobig_ibra wrote:So any update?
i don't think they will bring the processing time any less than 6 months.dsab85 wrote:I don't think anybody really would mind the relatively small fee, IF it is used to bring down the processing time to some slightly more acceptable levels, in line with other EEA countries (6-8 weeks, I would say).
I would have paid £500 if it would have meant it will be processed in less then 4 weeks.
The reason of charging the fee is quite interesting. Anyone knows what the amendment it will be?[/quote]Residence Documents issued under the Immigration (European Economic Area) Regulations are not mandatory. These fees will be introduced later in 2013 when the Immigration (European Economic Area) Regulations 2006 have been amended. Full information will be provided on the UKBA website.
If anything it will add to time, processing a fee and checking that it has been paid will adds complexity.renu wrote:i don't think they will bring the processing time any less than 6 months.dsab85 wrote:I don't think anybody really would mind the relatively small fee, IF it is used to bring down the processing time to some slightly more acceptable levels, in line with other EEA countries (6-8 weeks, I would say).
I would have paid £500 if it would have meant it will be processed in less then 4 weeks.
Ouch!!!!EUsmileWEallsmile wrote:If anything it will add to time, processing a fee and checking that it has been paid will adds complexity.
fysicus wrote:Very remarkable. In article 25 (paragraph 2) of Directive 2004/38 it is stated explicitly:I wonder what these similar documents for British citizens are, that would cost £55 or more?All documents mentioned in paragraph 1 shall be issued free of charge or for a charge not exceeding that imposed on nationals for the issuing of similar documents.
By the way, this document gives extra information, in particular the processing cost for each type of application: http://www.ukba.homeoffice.gov.uk/sitec ... s-fees.pdf
They quote here £82 for all EEA applications. I cannot believe it is really the same for all EEA applications, because an EEA2 application is by definition more complicated than an EEA1, etc.
dsab85 wrote:I don't think anybody really would mind the relatively small fee, IF it is used to bring down the processing time to something slightly more acceptable (6-8 weeks, I would say).
I would have paid £500 if it would have meant it will be processed in less then 4 weeks.
ravii wrote:I am much more happy to pay up to £ 1000, if ukba offer same day window service.
sheraz7 wrote:But the foot note on this page is suggesting that it will be introduced later in 2013 after some amendements in EEA 2006.
renu wrote:HO will charge applicants and still make them wait for months. if ppl are paying, i think it should be same day service.
nidaulhaque wrote:they cant charge fees for eea application under regulation 2006, it will be against the law,
it will be still 6 months plus waiting time
renu wrote:i am thinking the same.nidaulhaque wrote:they cant charge fees for eea application under regulation 2006, it will be against the law,
it will be still 6 months plus waiting time
sheraz7 wrote:sheraz7 wrote:But the foot note on this page is suggesting that it will be introduced later in 2013 after some amendements in EEA 2006.
frei wrote:It is not against the law actually, there is a basis for it in the law. In France it cost about three hundred plus euros for a residence card application. In Germany it cost £28.80.nidaulhaque wrote:they cant charge fees for eea application under regulation 2006, it will be against the law,
it will be still 6 months plus waiting time
fysicus wrote:If you go back to the beginning of this thread and read my post there, you will see that it depends on the charge for similar documents for nationals of the member state.
It is a bit vague, but in France and Germany there are apparently such documents, in the UK I am not aware of any, and that would make charging for EEA applications illegal.
frei wrote:ID cards for French national does not cost three hundred plus euros, it must be much lesser than that, I agree in Germany it is same 28.28 euros for national IDfysicus wrote:If you go back to the beginning of this thread and read my post there, you will see that it depends on the charge for similar documents for nationals of the member state.
It is a bit vague, but in France and Germany there are apparently such documents, in the UK I am not aware of any, and that would make charging for EEA applications illegal.
ravii wrote:Each RC/PR cost UKBA £ 82,so if they charge £ 55 then still UKBA lose £ 27 each application.RC/PR for EEA national should not be free.at least they have to pay the cost plus if ppl want speedy service then same day service with additional charges would be acceptable.
sheraz7 wrote:ravii wrote:Each RC/PR cost UKBA £ 82,so if they charge £ 55 then still UKBA lose £ 27 each application.RC/PR for EEA national should not be free.at least they have to pay the cost plus if ppl want speedy service then same day service with additional charges would be acceptable.
In contrary to PBS (point based application) charging for European residence card applications is not simply easy and certainly need amendment by involving the member states which already indicated in the footnote that this charges will apply later 2013 once some amendments in EEA2006.
frei wrote:There was a user on this forum, who paid claimed they pay more than 300 euros for their French residence card and below again is confirmed by the French immigration. I also note they claim it's a visa regularisation fee.Jambo wrote:Are you sure?frei wrote:In France it cost about three hundred plus euros for a residence card application
This indicates it's free (or 25€ if lost).
The User complained to Solvit who claimed member state can sometimes charge for RC application, if I do find the thread I shall post it on
It is a PDF I do not know how to upload the whole of the unfortunately.
1. The format of residence permits issued in France follows the rules laid down by Regulation 1030/2002/EC of 13 June 2002 as amended
by Regulation 380/2008/EC of 18 April 2008 which requires Member States to grant to foreigners residence permits containing an
electronic component including two biometric data: a digital photograph and the image of two fingerprints of the holder. In accordance
with a time schedule for the implementation of this Regulation, the integration of digital photograph in the electronic component started
on 20 May 2011 whereas certain residence permits with the holder’s fingerprints have been delivered since 20 June 2012. The issuance
of this new model of residence permits is spreading and should be completed by the end of the third quarter of 2013. These residence
permits are issued to third-country nationals as well as non-EEA family members of EEA nationals.
2. The issuance of residence permits to non-EEA family members of EEA nationals is free of charge. Applicants only have to pay for a
duplicate. In case of irregular entry, the issuance of the first residence permit is subject to the payment of a regularization visa right of
340€.
3. Law No. 2003-1119 of 26 November 2003 on the control of immigration, residence of foreigners in France and nationality gave a legal
basis for the collection of biometric data from foreigners applying for a residence permit in France. Article 11 of this law inserted in
Order No. 45-2658 of 2 November 1945 on the conditions of entry and residence of foreigners in France a provision which became the
first sentence of the first paragraph of the Article L. 611-3 of the Code on Entry and Residence of Foreigners and Right of Asylum
(Code de l’entrée et du séjour des étrangers et du droit d’asile = CESEDA) reads as follows: “In order to guarantee the right of
residence of legally staying persons and fight against the irregular entry and residence of foreigners in France, fingerprints and a
photograph of foreigners (...),applying for a residence permit can be identified, stored and subject to automated processing under the
conditions established by law No. 78-17 of 6 January 1978 relating to data, files and freedoms.” Decree No. 2011-638 of 8 June 2011
on the files management application of foreign nationals, residence permits and travel documents of foreign nationals determine the
conditions of application of such a measure.
4. Non-EEA family members of EEA nationals are required to hold a residence permit. If the document has been lost or stolen, they must
apply for a duplicate. They have to report theft to the police or to the gendarmerie where the offence occurred if the theft took place in
France or to the local police and the nearest consulate if the theft took place abroad. They have to report loss to the prefecture or subprefecture
of their place of residence. In both cases, they have to apply for a duplicate at the prefecture or sub-prefecture of their place
to residence. To be re-issued a residence permit, the applicant has to pay a tax of 16€ by ordinary tax stamps.
5. There is no obligation to notify the authorities of changes in foreigners’ circumstances which affect their status under Directive
2004/38/EC.
6. The issuance of a duplicate of a residence permit is charged. To be re-issued a residence permit, the applicant has to pay a tax of 16€ by
ordinary tax stamps.
7. Any difficulty regarding the issuance of such documents has been raised.
8. Article 5(2) of Directive 2004/38/EC stipulates that family members are subject to the obligation of entry clearance visas in accordance
fysicus wrote:Can you not read??
I see this sentence very clearly in what you posted:However, there seems to be a charge of 340 euros for illegal immigrants who subsequently claim EU rights. That's a very different issue, although I still don't see how it can be in agreement with 2004/38.The issuance of residence permits to non-EEA family members of EEA nationals is free of charge.
frei wrote:If you had stopped there and not included thisfysicus wrote:
I see this sentence very clearly in what you posted:However, there seems to be a charge of 340 euros for illegal immigrants who subsequently claim EU rights. That's a very different issue, although I still don't see how it can be in agreement with 2004/38.The issuance of residence permits to non-EEA family members of EEA nationals is free of charge.You would have been applauded, but you had to shoot yourself in the foot?fysicus wrote:Can you not read??
As I said, there was someone on the forum a time ago who made the complaint of being charged for residence card application, and having seen that amount showed up in the document, it had clouded my attention to read to detail, It was more of I already knew you charge for residence card applications.Frei wrote:There was a user on this forum, who paid claimed they pay more than 300 euros for their French residence card and below again is confirmed by the French immigration. I also note they claim it's a visa regularisation fee.
frei wrote:Finland is charging 95 euros for a residence card. The same fee is charged in case the holder of the card reapplies for a card e.g. due to
the loss of the card or changes in the information contained in the card. The fee is based on the Decree of the Ministry of the rubbish
(The Decree of the Finnish Ministry of the rubbish on the fees for the performances of the Finnish police in 2012). The processing fees
are adjusted annually.
Found a link for the whole document here http://www.emnnorway.no/EMN-Media-Archi ... ly-permits
Jambo wrote:Interesting. Seems like the UKBA were doing some research 4 months ago in preparation to start charging for residence documentation under EEA regulation.frei wrote: Found a link for the whole document here http://www.emnnorway.no/EMN-Media-Archi ... ly-permits
EUsmileWEallsmile wrote:EEA1 and EEA3 are not mandatory. Technically, EEA2 and EEA4 are not, but in practice, it could be argued that they are - no right to work, no right to travel, etc.
What document might be considered to be equivalent, passport perhaps?
In my opinion, any fee charged will in no way affect the timeliness of the application.
Jambo wrote:Also it seems that the UK is seeking to issue to a biometric card to EEA applicant. Maybe they will argue the fee is to cover that cost (but then there is no equivalent card for Brits).Jambo wrote:Interesting. Seems like the UKBA were doing some research 4 months ago in preparation to start charging for residence documentation under EEA regulation.frei wrote: Found a link for the whole document here http://www.emnnorway.no/EMN-Media-Archi ... ly-permits
sheraz7 wrote:Also it seems that the UK is seeking to issue to a biometric card to EEA applicant. Maybe they will argue the fee is to cover that cost (but then there is no equivalent card for Brits).
Yes I agree with the Jambo. Its more likely possible to happen this.
nidaulhaque wrote:Yes here is the linkJambo wrote:Interesting. Seems like the UKBA were doing some research 4 months ago in preparation to start charging for residence documentation under EEA regulation.frei wrote: Found a link for the whole document here http://www.emnnorway.no/EMN-Media-Archi ... ly-permits
http://www.guardian.co.uk/politics/2013 ... n-id-cards
Jambo wrote:OK.
So in order to be able to control the influx of Romanians/Bulgarians the DM is warning us all about, they would start charging money from everyone. Interesting.
And I agree, it will have no affect on the process time.
fysicus wrote:Politicians are rarely appointed on the basis of skills and expertise, and mr Harper goes to great lengths to prove he is no exception to the rule.
All measures he wants to impose on EU nationals are illegal, unless they are also imposed on British nationals.
For example:I don't now the details about Spain, but in the Netherlands there is the GBA (Common Population Register) and everybody (regardless of nationality or status) living in the Netherlands has to be registered in there, and any change in the registered details (such as address) has to be reported within 5 days. In essence this system was introduced by Napoleon, and so it exists in most countries that were under Napoleontic occupation.The idea was first raised by Philip Hollobone, the Conservative MP for Kettering, who claimed the Spanish already "interpret the free movement directive much more robustly" by requiring all European Union citizens and family members to register if they want to live there for more than three months. They also require notification of any change in address or marital status.
In the UK there is nothing like that, and therefore it cannot be imposed on EU nationals either. It has nothing to do with a robust interpretation of free movement; it is simply about treating EU nationals as your own citizens.
EUsmileWEallsmile wrote:I'd changed my stance on this slightly. What I'd meant was that a fee won't help expedite applications. We are dealing with bureaucracy - requirements are met or they are not.EUsmileWEallsmile wrote: In my opinion, any fee charged will in no way affect the timeliness of the application.
If anything fee is likely to increase times as it must be processed, checked etc.
EUsmileWEallsmile wrote:I understand that the UK could make residence certificates and cards mandatory right now if it wished (post 3 months' residence). The directive allows this. What they can't do is insist that the card are carried around as there is no equivalent provision for UK nationals.fysicus wrote:Politicians are rarely appointed on the basis of skills and expertise, and mr Harper goes to great lengths to prove he is no exception to the rule.
All measures he wants to impose on EU nationals are illegal, unless they are also imposed on British nationals.
For example:I don't now the details about Spain, but in the Netherlands there is the GBA (Common Population Register) and everybody (regardless of nationality or status) living in the Netherlands has to be registered in there, and any change in the registered details (such as address) has to be reported within 5 days. In essence this system was introduced by Napoleon, and so it exists in most countries that were under Napoleontic occupation.The idea was first raised by Philip Hollobone, the Conservative MP for Kettering, who claimed the Spanish already "interpret the free movement directive much more robustly" by requiring all European Union citizens and family members to register if they want to live there for more than three months. They also require notification of any change in address or marital status.
In the UK there is nothing like that, and therefore it cannot be imposed on EU nationals either. It has nothing to do with a robust interpretation of free movement; it is simply about treating EU nationals as your own citizens.
fysicus wrote:Yes, but because of the lack of a UK equivalent they cannot charge for it!EUsmileWEallsmile wrote:I understand that the UK could make residence certificates and cards mandatory right now if it wished (post 3 months' residence). The directive allows this. What they can't do is insist that the card are carried around as there is no equivalent provision for UK nationals.
And I also think UKBA does not have the resources to cope with the many extra applications if Residence Certificates, etc. were made mandatory.
EUsmileWEallsmile wrote:I would love to know the basis for charging for the documentation. My guess and it's only a guess is a passport, but it's stretching imagination.fysicus wrote:Yes, but because of the lack of a UK equivalent they cannot charge for it!EUsmileWEallsmile wrote:I understand that the UK could make residence certificates and cards mandatory right now if it wished (post 3 months' residence). The directive allows this. What they can't do is insist that the card are carried around as there is no equivalent provision for UK nationals.
fysicus wrote:So would I and therefore I wrote to my MP about this, suggesting to ask the minister for a clarification.
I really can't see a passport qualify as a "similar document", residence certificates/cards are in addition to a passport (or ID-card) but do not replace it. And a Brit is not required to have a passport, as long as you don't want to travel abroad.
EUsmileWEallsmile wrote:It might be that as the residence documentation is theoretically optional, you can chose to pay the fee or not. Similarly, one can chose to apply for a passport or not.
(In practice of course, it's not really optional for non-EU family members, due to the great inconvenience that would be caused in not having residence documentation).
In any case, I don't know the answer and am just speculating.
fysicus wrote:Optional or not is not relevant.
Article 25.2 of Directive 2004/38 simply says free of charge or at most the fee for similar documents for British citizens.