Residence Permit endorsements

[Pasha]

My residence permit as the spouse of an EEA National was granted but the residence permit is not stamped in my passport and is on a separate A4 paper with my details.

I went to the French Embassy to apply for a Schengen visa. I know as the spouse of an EEA national it is not compulsory for my to apply for a Schengen visa but after my last forum posting regarding this, I rather be on the safe side.

At the Embassy, the visa officer said that my application cannot be processed as it is an international convention for the residency permit to be stamped into my passport. The Schengen partners consequently respect such practices. The visa officer was very helpful and wrote me a letter to state as much to the Home Office and advised that I get in contact with the Home Office to get my residence permit transferred to my passport.

I called the Home Office. I called twice as the first person told me that i have to rebmit my EEA 2 application with all the original supporting documents I originally submitted and that for the transfer to take place, if it can be done, could take up onths...is would be for my current residence permit to be transferred to my passport.

The second call, the advisor told me the same but added that it is not normal practice for them to endorse the non-EEA national's passport with the residence permit and that it is normal practice for the endorsement to be issued as a separate document. He stated that the UK is not apart of the Schengen agreement so would not know the practices of the Schengen partners for the residency endorsement to be in your passport.

My questions are;

Is the residence card as the spouse of an EEA national usually an endorsement in the passport itself or is it normally issued as a separate document with the endorsement stamped on there?

Can the endorsement be transferred to the passport without having to resubmit another EEA 2 form?

Many thanks

[thsths]

At the Embassy, the visa officer said that my application cannot be processed as it is an international convention for the residency permit to be stamped into my passport. The Schengen partners consequently respect such practices.

I think your beef is with the embassy. There is no rule that a Residence Card has to be placed in a passport (it would hardly be called Residence Card otherwise). You just have to apply again, and if it fails, file a complaint with the European Commission.

Is the residence card as the spouse of an EEA national usually an endorsement in the passport itself or is it normally issued as a separate document with the endorsement stamped on there?

Normally it is placed in the passport, but occasionally it is issued as a separate document.

Can the endorsement be transferred to the passport without having to resubmit another EEA 2 form?

No, not as far as I know.

Tom

[Pasha]

Thanks thsths, I appreciate your advice on this matter and for your advice when we were preparing our application for our residence cards, you are a star!

I will try again at the embassy or as I will be travelling soon to my home country I could apply for the Schengen visa there instead of the UK.

I will be travelling to my home country independently as my husband cant get the time off work, when re-entering the UK;

- Do I join the queue for EU and British passport holders?

This may seem like as mute points and at the risk of sounding daft..

- Do I need to take a copy of my husbands passport and EEA Residence card to show at the border? After the Embassy, I got abit paranoid that having my residence card not endorsed in my passport may require additional checks..

- Am I correct in thinking that there should be no stamps placed in my passport on exiting and re-entering the UK as I hold a residence card albiet not endorsed in my passport?

Generally, for residence card holders, is there a maximum time I should not spend outside of the UK per year without affecting my future application for permanent residence? (In addition to my forthing trip back home and our european holiday short breaks, we will be spending a month away with family at Christmas time, collectively our time out of the UK in the year will be about 2 months).

Many thanks.

[Directive/2004/38/EC]

When was your Residence Card issued by the UK government? Did they issue you a card, or only a A4 letter? What exactly is the name of what they issued you?

In the mean time, the French embassy is legally required to issue the visa. Contact Solvit http://eumovement.wordpress.com/help-eu-solvit/ for their assistance. For the visa, you have to present your passport, your spouses EU passport, and your marriage certificate - NOTHING else.

[Pasha]

Hello, I was hoping you would reply so that I could thank you for your advice you gave us before applying for our residence cards. Cheers, it certaintly helped us out alot

My UK residence endorsement came on an A4 sheet of card paper titled 'Immigration Status Document'. It was issued by the Home Office. In addition, I also recieved a letter stating that my application has been approved and residence permit granted as my husband is exercising a treay right in the UK.

My husband had requested his passport back early March for work and ID purposes. Mid- march, we had a call from the Liverpool Offices to say that our applications as been granted and approved and we should recieve our file and passports back within 10-14 days. During this 10 - 14 days, they sent both our passports back from the Croydon Offices without the file or endorsement in our passports. However, last week received the file and our residence permits. I believe they should have requested our passports back to place the endorsements in them but they didn't and issued the endorsement on an A4 sheet of card paper.

The quadrants of this A4 sheet of paper are ..

1. My personal details, full name, nationality, DOB, place of birth, gender and case ID.

2. Title of document with bold title ' Immigration Status Document'

3. Standard guidance notes and contact details of BIA

4. The Residence Document Endorsement itself - with my photo and seal by the Home Office, valid for 5 years and has all the official details date of issue, date of expiry, place of issue, family member of EEA national and remarks of employment and business acitivies allowed..

This is the endorsement that should have been placed in my passport and is of standard nature. My husbands endorsement was placed in a blue card and is exactly the same but with his details.

I have seen what a residence document endorsement looks like and is exactly what I have been issued with ...but it is placed on a A4 sheet of paper and not in my passport. It is a pain because I have to carry round this for 5 years unless I reapply to have it transferred to my passport which I am told could take up to 6 months..

The French Embassy gave me a letter stating that

' They letter hereby confirms that it is an International Convention for the residency permit to be stamped into the passport. The Schengen partners consequently respects such practice. Visas will therefore not be issued to passports not holding the requisite stamp. '

I was not refused the visa, my application was just not accepted because the endorsement was not in my passport but on this A4 sheet of paper as decribed above so I figured it was a case of technicality. The visa officer said that the residence permit is fine but I have to get this transferred to my passport to then apply for the schengen visa.

I am abit annoyed about the advice I received about not being able to apply for the schengen visa here in the UK but not put out too much as I could apply for this in my home country. I am more concerned about the other technicalities I may encounter re-entering the UK independantly of my husband, employment if any.. would u still suggest I contact Solvit?

[thsths]

I am abit annoyed about the advice I received about not being able to apply for the schengen visa here in the UK but not put out too much as I could apply for this in my home country. I am more concerned about the other technicalities I may encounter re-entering the UK independantly of my husband, employment if any.. would u still suggest I contact Solvit?

Yes, I think you should. Obviously the French embassy got the law wrong, and SOLVIT may be able to tell them how to do it. It is quite embarrassing how bad the training of some staff is with respect to European law.

Tom

[Pasha]

Thanks for the response. I will contact Solivit.

Would you be able to advise; when travelling on my own back into the UK;

- Do I join the queue for EU and British passport holders on return

- Am I correct in thinking that there should be no stamps placed in my passport on exiting and re-entering the UK as I hold a residence card albiet not endorsed in my passport?

- Generally, for rUK esidence card holders, is there a maximum time I should not spend outside of the UK per year without affecting my future application for permanent residence?

Thanks again
Pasha

[thsths]

Do I join the queue for EU and British passport holders on return

I am not sure whether it is technically correct, but it works.

- Am I correct in thinking that there should be no stamps placed in my passport on exiting and re-entering the UK as I hold a residence card albiet not endorsed in my passport?

Theoretically yes. Practically you will usually still get an entry stamp. As I said, the lack of training for staff is an absolute disgrace.

- Generally, for rUK esidence card holders, is there a maximum time I should not spend outside of the UK per year without affecting my future application for permanent residence?

Yes, if you are absent for more than 90 days per year, that may affect your PR application.

Tom

[Directive/2004/38/EC]

Pasha

Does it say "Residence Card" and "family member EU citizen" on what you got from the home office? When did you apply?

If it does not you should send them a letter telling them that they have not yet issued you with the Residence Card and that they must do it within 6 months or they are in violation of the law.

If they do not fix the situation, take them to small claims court. That will get their attention!

I would also, as I mentioned, contact Solvit about the French. They are also in violation of the law.

[Pasha]

Hello,

Does it say "Residence Card" and "family member EU citizen" on what you got from the home office? When did you apply?

Yes, it says Residence Card of Family Member of an EEA National. We submitted our joint applications mid-Feb 2008. Our applications were approved mid-March and the Card is valid for 5 years.

Because I am due to travel quiet soon I was planning to apply for the Schengen Visa in my home country. Does this implicate my future applications for both Schengen Visas or PR in anyway? For instance, will I be expected to apply for future Schengen Visas in my home country?

I am in the process of drafting my case to Solvit.

Pasha

[Directive/2004/38/EC]

Don't waste time on the implications. The french are wrong and need to be sorted out. You have a Residence Card and they need to get on with it. Contact solvit today if you need to go soon.

I would also contact the French embassy directly in writing. Explain to them that they refused to issue you a visa even though you have a Residence Card issued by the UK and (I assume the following is correct) were presentlying the passport of your EU citizen spouse and your marriage certificate. Explain that they are legally required to issue a visa "as soon as possible" and "on the basis of an accelerated process", and unless they do so immediately do so they can be liable for damages and your expenses. Explain you will also file a formal complaint with the European Commission unless they quickly come to their senses.

[sakura]

- Do I join the queue for EU and British passport holders on return
Pasha

If you are returning with your spouse, you can join that queue. If returning on your own, you join the non-EU/EEA nationals queue. At least that is the case for people with spouse visas, so I would think it would be the same with people on residence cards. Some clarification needed.

[Pasha]

I wanted to ask for some advice when re-entering the UK independantly of my husband. I am getting abit paranoid that with my residence card not being stamped in my passport will pose problems at the border. I am still awaiting a response from Solvit.

When re-entering the UK, I am planning to take all documents with me such as my husbands residence card, home office letters issued such as the COA and letter stating our cards has been approved, copy of his passport and our marriage certificate. Is there anything else I should take with me to make my journey more hassle free?

[Directive/2004/38/EC]

Your problem will likely never be in the UK. Here you have a right to enter and they have it all on their computers if they ever need to confirm.

The problem will be in convincing the outsourced passport checking staff that most airlines hire to screen you before you board the plane.

[Pasha]

Thanks for your reply.

Abit relieved to know that the immigration officers can cross check my residence permit. As for airline staff, I will check in with my hubby at my side and guess walk with a simplified print out of the Directive.

Abit more red tape: I have just also found out that I cannot apply for a Schengen visa in my home country as the non-eea national 'should' apply in their new country of residence. I am beginning to think we should holiday somewhere much more relaxing for the time being.

Thanks for your help Directive you have been great,
Pasha

[Directive/2004/38/EC]

Scotland is lovely in the summer!

[Pasha]

It certainly is!

Enjoying married life is the main focus at the moment and being granted our residence card was the major hurdle. Anything after, i.e. the issue with the Schengen visa will be sorted out eventually I am sure. I'll keep you posted.

Pasha