EUsmileWEallsmile wrote:...and the daft thing is that if they got a border, they would have to be left in...
...and an airline would not be fined if they were let in...
But, an airline will be told not to let them board.
This is why I have sent an email to UKBA Carriers Liaison Section at
UKBAIGRALONCLS@homeoffice.gsi.gov.uk and a whatdotheyknow.com FOI
http://www.whatdotheyknow.com/request/a ... ith_no_eea
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Good afternoon,
Can you please confirm your stance i.e if you will approve the a traveller to travel to the UK from non EU port in the following scenario.
• A EEA national with permanent residence card and a qualified worker in the UK turns up to check in at a non EU airport with his/hers visa national spouse
• They are travelling together to the UK
• The visa national has no EEA family permit as expect to receive a Code 1A stamp at UK landing port
• Brings
- o the EU national passport
o EU national permanent resident card issued by UKBA and presents this with the passport
o The spouses’ non EU national passport (visa national)
o Marriage certificate issued in the country of departure with an apostille and a translation of said marriage certificate into English
o 3 months of payslips from the EU nationals employment in the UK
o Non EU national spouse has a valid Schengen visa for 90 days
Will you allow the non EU passenger travel with his/her EU spouse?
I am asking this as according to Airlines TIMATIC database they are to confirm the traveller holds an EEA family permit yet the UK gives the following guidance to its border guards in Border Force Operations Manual - EEA Nationals & their Dependents
http://dl.dropbox.com/u/27885818/UK/Bor ... ndents.pdf. Note that the following quoted section is about family members of EEA citizens who do not have a required UK issued EEA family permit, or a Residence Card, or even possibly have no passport:
5.5 Procedures when no EEA family permit or residence card is held
5.5.1 Admission of family members who are unable to produce a valid passport, family permit or residence card
Border Force officers will need to assess whether or not a person qualifies for admission under the EEA Regulations in the above situations. Ports should take particular note of the guidance on those who seek admission under the extended family member provisions as dependents relatives and as family members of an EEA national with whom they have a “durable relationship” (unmarried partner); the relevant criteria in Part 8 of the Rules (excluding entry clearance) should be used to make a decision on whether or not to admit under EEA Regulations. Unlike immediate family members the EEA Regulations allow for an “extensive examination of the personal circumstances” of extended family members.
5.5.2 Seeking admission at port
Applicants at port should be treated as persons seeking admission unless reference is made to applying for a residence card. Admission will fall into one of the following:
• Produces satisfactory evidence on arrival — The person should be admitted for 6 months on a Code 1A . Complete landing card.
• Is unable to produce satisfactory evidence on arrival — The person should be given “every reasonable opportunity” to prove by other means that he is the family member of an EEA national; a person should not automatically be refused admission as a result of not being able to produce adequate evidence. As a guide within a week of arriving at port should be adequate; ports can consider refusing admission at this point, unless the situation suggests more time is needed.
• Submits an application for admission post arrival
A letter from Damien Green (Minister of Immigration in Britain) makes this clear
https://dl.dropbox.com/u/27885818/UK/le ... reeEEA.pdf:
Under Regulation 11, the family member of an EEA national must be admitted to the UK if he or she produces on arrival a valid passport and an EEA family permit, a UK issued residence card or permanent residence card, or if he or she is able to prove the family relationship by other means.
It is therefore not compulsory for family members of EEA nationals to obtain an EEA family permit before travelling to the UK, and UK Border Agency officers will consider any evidence presented by passengers arriving at the UK border that they are entitled to be admitted as a family member of an EEA national in accordance with regulation 11 (4) This is the paragraph which implements MRAX European Court of Justice]. Nevertheless, it is strongly recommended that family members obtain an EEA Family Permit, which are issued free of charge, before travelling in order to facilitate their entry to the UK.
Good intentions are appreciated but results are what matters..
- HMRC didnt say whether my wifes NI conts would be made or not - if claiming child benefit - and refered me to DWP... DWP refered me to HMRC in the first place... - lol...