Landing Cards & Arrival Stamps-EEA Resident Card Holders

babie_meg, what did the letter from the UKBA say exactly? Did the letter refer to excerpts in the law on landing cards and entry/exit stamps?

I have received a response from the UKBA to my complaint. Relevant excerpts in response to my complaint on landing cards read:

"...Eurostar are encouraged to ensure non-EEA passengers have a completed landing card before they are presented to a Border Force officer in order to eliminate delays at the controls. Unfortunately the EEA residence document is contained in the passport and it will not become apparent to Border Force that one is held prior to commencement of the examination".

Relevant excerpts in response to my complaint on (entry) stamps read:

"I would like to assure you that the UK does adhere to EC Directive 2004/38/EC and confirm that, as you are in possession of an EEA residence card, your passport should not have been stamped..."

The letter went on to say that "... As a result of your emails the guidance issued to our officers concerning the treatment of passengers holding residence cards is to be rewritten to ensure more clarity, and an interim instruction will be issued shortly."

This letter will accompany me on my travels just in case some border officers missed the refresher course!

Thanks 86ti for pointing me to the e-complaints service.

Plum70 wrote:I have received a response from the UKBA to my complaint. Relevant excerpts in response to my complaint on landing cards read:

"...Eurostar are encouraged to ensure non-EEA passengers have a completed landing card before they are presented to a Border Force officer in order to eliminate delays at the controls. Unfortunately the EEA residence document is contained in the passport and it will not become apparent to Border Force that one is held prior to commencement of the examination".

Relevant excerpts in response to my complaint on (entry) stamps read:

"I would like to assure you that the UK does adhere to EC Directive 2004/38/EC and confirm that, as you are in possession of an EEA residence card, your passport should not have been stamped..."

The letter went on to say that "... As a result of your emails the guidance issued to our officers concerning the treatment of passengers holding residence cards is to be rewritten to ensure more clarity, and an interim instruction will be issued shortly."

This letter will accompany me on my travels just in case some border officers missed the refresher course!

Thanks 86ti for pointing me to the e-complaints service.

Excellent Stuff Mate!!! Hope they learn their lessons

Yes - but only a partial victory. I will monitor the quality of guidance updates on the UKBA website and operations at the borders over the next 12 months before sealing the file on this one.

I also intend to respond to the UKBA highlighting the fact that even when border officers have had the opportunity to inspect a passport holding a RC they still insist on a landing card being filled. The issue is that most are not aware of the applications of the EU Directive and by default apply UK immigration law to all non-EEA passengers, except they hold a ROA.

Plum70 wrote:"...Eurostar are encouraged to ensure non-EEA passengers have a completed landing card before they are presented to a Border Force officer in order to eliminate delays at the controls. Unfortunately the EEA residence document is contained in the passport and it will not become apparent to Border Force that one is held prior to commencement of the examination".

What exactly are they trying to say with that? It's not that you couldn't communicate that fact to them at any stage of the checking process...

Plum70 wrote:Thanks 86ti for pointing me to the e-complaints service.

I think many more people should do the same.

Plum70 wrote:Yes - but only a partial victory. I will monitor the quality of guidance updates on the UKBA website and operations at the borders over the next 12 months before sealing the file on this one.

I also intend to respond to the UKBA highlighting the fact that even when border officers have had the opportunity to inspect a passport holding a RC they still insist on a landing card being filled. The issue is that most are not aware of the applications of the EU Directive and by default apply UK immigration law to all non-EEA passengers, except they hold a ROA.

By now they should all be aware of the applications of the EEA Directive. Sure thier miss managment/ handling of EEA RC holders on boarder points, is a moral issue rather than a techinical one.Am sure they are all updated whenever possible.

I would also like to assume that the way non EEA passangers are treated at boarder points, has something to do with the type of training them officers get, albeity both the public and the negative media's opinion. Otherwise why do we have Blue and Green channels on arrivals after travelling on the same Aircraft / vessal!

86ti wrote:

Plum70 wrote:"...Eurostar are encouraged to ensure non-EEA passengers have a completed landing card before they are presented to a Border Force officer in order to eliminate delays at the controls. Unfortunately the EEA residence document is contained in the passport and it will not become apparent to Border Force that one is held prior to commencement of the examination".

What exactly are they trying to say with that? It's not that you couldn't communicate that fact to them at any stage of the checking process...

My thoughts exactly... the UKBA's response is tacit; they appear to acknowledge that non-EEA passengers in possession of a RC are NOT required to complete landing cards but are not declaring it outright. I wonder why?

DFDS. wrote:By now they should all be aware of the applications of the EEA Directive. Sure thier miss managment/ handling of EEA RC holders on boarder points, is a moral issue rather than a techinical one.Am sure they are all updated whenever possible.

In a way I see your point. Some border officers may have clouded judgement or bias towards (some) non-EEA passengers, and may therefore act unprofessionally in certain situations. However, I would like to give the UKBA ample opportunity to admit these errors and rectify them by providing clear guidance - in black and white and in accordance with EU law - that front line border officers can neither misconstrue nor misrepresent.

I think they should clearly state it on their website and stop beating about the bush. It was there before and they took it off. It has been under update for ages...they should tell it to the Birds
http://www.ukba.homeoffice.gov.uk/polic ... onsmanual/
I mean how difficult is it for UKBA staff to identify Residence Cards and figure out that the Holders do not require Landing Cards and (or) Arrival Stamps. How Difficult ???
They also need to modify this:
http://www.ukba.homeoffice.gov.uk/trave ... eaorswiss/ and include EEA Family Members / RC Card Holders

London-er wrote:I think they should clearly state it on their website and stop beating about the bush. It was there before and they took it off. It has been under update for ages...they should tell it to the Birds
http://www.ukba.homeoffice.gov.uk/polic ... onsmanual/
I mean how difficult is it for UKBA staff to identify Residence Cards and figure out that the Holders do not require Landing Cards and (or) Arrival Stamps. How Difficult ???

This is what I pointed out in my complaint - clear border control guidance. Inspect non-EEA passenger's passport - UK Residence Card - establish that s/he still qualifies under this category - if 'Yes' = no entry stamp or landing card.

A simple notice at the border that reads - "Landing cards must be completed by all non-EEA passengers except they are eligible holders of ROA or a UK Residence Card with the endorsement: 'Family Member of a EEA/EU/Swiss National' " - would be a good start.

Just think the number of man-hours that they could save and deploy elsewhere!

Hey guys,

Does anyone have any recent experience re this issue? I'm going on my first holiday with my non-EEA partner next month, and I'm already working myself up about this issue.. ! Have they upped their game at the borders?

My husband and I are travelling over Christmas to Switzerland. Will post when back!

Plum70 wrote:My husband and I are travelling over Christmas to Switzerland. Will post when back!

I hope you were aware that Switzerland requires a Schengenvisa for holders of Residence Card issued by non-Schengen EEA-countries (such as the UK).
Strangely enough they allowed visa-free access to such persons before they joined Schengen!

fysicus wrote:

Plum70 wrote:My husband and I are travelling over Christmas to Switzerland. Will post when back!

I hope you were aware that Switzerland requires a Schengenvisa for holders of Residence Card issued by non-Schengen EEA-countries (such as the UK).

Fully aware - I have a 3-year mult. entry schengen visa.

Strangely enough they allowed visa-free access to such persons before they joined Schengen!

Yeap! Used to travel on my WHM visa back in '07 before they took the leap.

Said I would post back upon returning from hols:

Arrived with my husband at Heathrow terminal 1 this eve and went on the UK/EU passport queue. The IO saw my non-EU passport and asked for a landing card and I said I had a RC. He took both our passports, inspected my RC and went off to a back office. He reemerged and mumbled something about all being fine and sorry for keeping us.

I asked which queue to join if travelling alone and he said to join the UK/EU queue but to hold my passport open where the RC sticker is so that the IO, on seeing my non-EU passport, won't immediately turn me back. He also was aware that having a RC meant that I should be treated same as a EU/UK/EFTA national which indicates progress!

My only criticism about his advice is passengers are normally requested to present their passports closed so IOs can identify their nationality and inspect relevant visas/permits.

Any comments based on experience on either side of the immigration desk? When travelling alone do I hop on the EU queue + hold my passport open? Present it closed? Or just hop on the non-EU queue and save myself avoidable dialogue?

Plum70 wrote:Said I would post back upon returning from hols:

Arrived with my husband at Heathrow terminal 1 this eve and went on the UK/EU passport queue. The IO saw my non-EU passport and asked for a landing card and I said I had a RC. He took both our passports, inspected my RC and went off to a back office. He reemerged and mumbled something about all being fine and sorry for keeping us.

I asked which queue to join if travelling alone and he said to join the UK/EU queue but to hold my passport open where the RC sticker is so that the IO, on seeing my non-EU passport, won't immediately turn me back. He also was aware that having a RC meant that I should be treated same as a EU/UK/EFTA national which indicates progress!

My only criticism about his advice is passengers are normally requested to present their passports closed so IOs can identify their nationality and inspect relevant visas/permits.

Any comments based on experience on either side of the immigration desk? When travelling alone do I hop on the EU queue + hold my passport open? Present it closed? Or just hop on the non-EU queue and save myself avoidable dialogue?

Hi Plum70,

I traveled 4 times on my own during last year, but all my trips were through Luton airport. Each time i went straight to UK/EU queue and held my passport open on RC sticker page. Every time they asked me simple questions i.e. how did you get this, or what nationality is your husband,or did you travel with your spouse,or is your husband working and living in the UK. But no further compex questions/inspections.

AKDK wrote:how did you get this

Ben wrote:

AKDK wrote:how did you get this

yeah...i just said because im married to polish national who is exercising treaty rights here

my friend who had her british passport for like...5-6 years was asked once - how did you get this?

AKDK wrote:

Ben wrote:

AKDK wrote:how did you get this

yeah...i just said because im married to polish national who is exercising treaty rights here

my friend who had her british passport for like...5-6 years was asked once - how did you get this?

Should have said you bought in on eBay. I mean really, what a stupid question.

Ben wrote:

AKDK wrote:

Ben wrote:

AKDK wrote:how did you get this

yeah...i just said because im married to polish national who is exercising treaty rights here

my friend who had her british passport for like...5-6 years was asked once - how did you get this?

Should have said you bought in on eBay. I mean really, what a stupid question.

Ha ha ha LOL. Will do next time

I would like to recommend everyone with an UK Residence Card, to enrol in IRIS. I did so, and since then (over 2 years), I haven't seen an IO face to face, or had my passport stamped, or had to queue, and I travelled quite a lot. Sole exception was arriving at London City, where there are no Iris machines (and they did stamp my passport and I've filled a landing card).
Another exception would be of course Eurostar.

Just a quick q, was departing from Brux on Eurostar yesterday, ALONE. IO asked qs:
1) alone?
Yes
2) why?
Irrelevant
3) how long in Brux?
I'm coming from Moscow
4) is ur eea working?
Yes
5) job title?
In government
6) r YOU working
Irrelevant refuse to answer
7) eea dob?
03/05/79
ur address
London etc, any more questions?
9) u can go now
I was shocked, she never smiled once and kept SCANNING MY passport BACK PAGE and wrote down all my answers!i didnt ask her at the time but what info EXACTLY has she got access to? I'd asked before in Heathrow amd the guy said they cant check my eea's nationality. I could've sold her porkies there all day, did she write it all down to check later? Just pissed off big time. Why she kept scanning my back page, what does this tell, if it's fake? Any ideas thx

86ti wrote:We submitted a complaint to them about two weeks ago because of a stamp in my wife's passport. She got a telephone call from the head of the Border Forces at Manchester airport today apologizing for the incident. He asked for any further information regarding the IO because the stamp doesn't have any number that would identify that person (the stamp on the EEA FP for instance, also from Manchester airport, does have one). My wife should have asked for the name and the identifying number of that IO on that day but she didn't. We will get a letter from them which we can show to IOs in the future.

I do not know if they will put much effort in rectifying this issue but at least the complaint was dealt with and did cause a reaction.

hi 86ti, you replied me in another topic, what shall i write in the email to complain? the problem was i didnt know when i arrived at the airport i can go though the ea gate and passport not stamped. so i went to the non ea gate got landing card and been checked and passport stamped. i dont think i can really complain about this , no? also can i get a letter to show in the future that we shouldnt get passport stamped as not all the IO knows. thanks

Of course, you can complain! The EEA regulations are clear in Section 11(3) that no stamp may be placed in a passport with a residence card meaning the IO has simply broken the law on that day. Not having to fill out a landing card is because non-EEA family members must be treated the same as EEA nationals (Article 24 of Directive 2004/38/EC). Not being in the EEA queue does not excuse IOs to be ignorant of the law and thus the choice of queue irrelevant.

Summarise this in the complaint and include a copy/scan of the passport with the RC, the stamp and the bio page. I do not know if you will get a letter. We didn't but somebody else did (read above).

Hi! I'm travelling for the first time since getting my EEA Residence permit. I will be flying alone to Amsterdam and then will be returning my Eurostar alone. I will be meeting my partner there, but she has business after the holiday, so it'll just be me.


Questions:
When I arrive at Amsterdam-Schipol airport alone, do I use the EEA or non-EEA queue?
When leaving Brussels Eurostar terminal I will go through immigration, they should not stamp my passport for re-ntry to the UK, right? Even when travelling alone?

I'm just looking to clarify this because I had issues in Ireland when I had an EU4FAM permit there, and I really don't want any hassle whilst travelling.

Thanks!

kabuki wrote:Questions:
When I arrive at Amsterdam-Schipol airport alone, do I use the EEA or non-EEA queue?
When leaving Brussels Eurostar terminal I will go through immigration, they should not stamp my passport for re-ntry to the UK, right? Even when travelling alone?

If you have a Residence Card, they should not stamp the passport. Does not matter who you are traveling with (or not), or which queue you use.

Line up at the EEA queue. If they have a problem with that they can always ask you to move to the other queue...