Post
by avjones » Fri Sep 28, 2007 7:15 pm
Yes, a useful case. It says at paragraph 10:
It follows that the procedure for obtaining an EEA family permit under regulation 12 is to an extent optional. That does not mean that it has no purpose. The obtaining of entry clearance is sometimes optional. Some purposes require entry clearance, and the nationals of some countries require visas. A person who is not a visa national, and who seeks entry for a purpose for which no entry clearance is required, is nevertheless at liberty to obtain entry clearance if he wishes to do so. If, having done so, he arrives in the United Kingdom with current entry clearance, he is entitled to admission unless his circumstances have changed or there is some other reason why the entry clearance should not be honoured. For such a person, obtaining an entry clearance before travelling gives some assurance of admission. But he does not need to obtain an entry clearance, and, if he does not do so, is entitled to present himself to the Entry Clearance Officer and show that he satisfies the requirements of the Immigration Rules and should be admitted.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.
People should always consider obtaining professional advice about their own particular circumstances.
