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May I ask which EU country you lived in as it seems a quick turn around for residence card....I am also due to return back to UK however my parents residence card is still in process since Nov2018Neonleon wrote: ↑Sat Mar 30, 2019 12:49 pmGood day,
I am a British citizen and exercised free movement right and went to a EU member state with my wife and our toddler (both British citizen) in September 2018 on self sufficient basis while looking for a job there. My parents who are non-EEA nationals has joined me two months ago as a family member of EU citizen and successfully received the family residence card from the EU member state within two week of them joining me and we lived together since. I have along with my family and parents fulfilled all the requirements set up by the law.
Unfortunately, I didn't get a job as per my experience and education and my savings were draining out so I decided to come back to the UK.
We landed at Heathrow Airport and the immigration agent saw my parents EU family members card and said these are not acceptable. I told him it's acceptable and I am entering on Surinder Singh route. He than asked his supervisor who came out to ask me a few questions e.g. when did you leave the UK? How long you have lived in the EU member state, any papers or proof we can see etc. I gave my my EU residency documents from the EU member state which were also translated into English with official stamp from the translation company. 10 minutes later another person came and spoke with the immigration agent who was dealing with us. And we were told that they will let us in and we need to speak to the Home Office regarding my parents who now joining me permanently in the UK.
The twist to the story is that my parents already have a long term British visa expiring in 2024 (issued in 2014) and they have previously travelled on that visa a number of times. The dilemma is we don't know under what criteria the immigration agent has let my parents in I. E. British visa or the EU family members residence card. If he has let them in on British visa, the question is, will it impact our application for Surinder Singh route or not.
I lately searched Google and found some people have written their passport were stamped with ink pad stamp to show they arrived in the UK on EU family member residence card. Also I wasn't aware of Article 10 which clearly states on GOV. UK website that no British visa or EEA family permit needed if accompanied by the British citizen who is the direct family member.
Also read on govt website that immigration agents have clear instruction to 'not to stamp' the passports of NON-EEA nationals if they are arriving on Surinder Singh route or using Atricle 10 as it's not needed.
Another main question is do we need to go back and re-enter and this time get it right as we don't want any impact on their application to exercise Surinder Singh route. Or it doesn't matter what entry was granted to them on arrival as we have all the documentation and proof that we genuinely moved to the EU member state and lived together.
Also, Is there any way I can find out under what category they were allowed to enter the UK.
I will appreciate if you can share your knowledge about the above main questions and also feel free to share your successful entry in the UK with spouse/parents/children on Surinder Singh route and what stamp was stamped on the passport. Please do reply ASAP so if we need to re-enter we can do so before the now new Brexit deadline. Many thanks
Thanks for asking about stamp Casa. Yes there is a entry stamp with date and 4 digit numerical number. The stamp is not different to any previous stamps when they entered into UK on their long term visa.Casa wrote: ↑Sat Mar 30, 2019 2:04 pmIs there no stamp or entry code in their passports
The issue with your parents being considered under the Surinder Singh route is the short length of time they have spent with you as your dependants in the EU State. This may be seen as an attempt to circumvent the UK Immigration Rules and to avoid the far tougher entry requirements for adult dependant relatives applying for a settlement visa
As you were self-sufficient, did you and all your family members hold Comprehensive Sickness Insurance (CSI) during your time in the EU State?
Casa wrote: ↑Sat Mar 30, 2019 11:20 pmIt seems that your parents entry was permitted under their current visitor visas. You may find the Free Movement article helpful, especially regarding evidence of moving 'the centre of your life' to another EU state and your integration into local life there. Hopefully, you haven't continued to retain a home in the UK during your time away.
https://www.freemovement.org.uk/surinde ... ion-route/
Your parents will need to apply for an EEA Residence Permit. See the link below.
https://www.gov.uk/apply-for-a-uk-resid ... ligibility
Spat, this document got guidelines for NHS and I am afraid to say it doesn't answer my questions. Any non-EEA national who has joined the British citizen as a direct family member can get free NHS services and register with a GP. One guy has written the whole process in the forum.spat wrote: ↑Sun Mar 31, 2019 11:09 amHi,
You don’t need to go back for a different stamp as previous immigration history does not matter for EEA route.
Please read point 37 in below guidance
https://assets.publishing.service.gov.u ... in_the.pdf
No one can go back to the entry point my friend. Legals are the option and have contacted two law firms and they ain't got any clue (money wasted). The reason asking here is to get help from someone who has gone through the same situation (if so) or if someone knows what stamp (or no stamp) they have got at the entry airport. May be someone can share their experience who has already done it or their application is under the process.K1 de altimate wrote: ↑Mon Apr 01, 2019 1:03 amNeonleon.
Try if you can go back to that entry point with your parents and ask them on what basis are they admitted into the UK and also for you to know what to write in their application forms you will be making for them.
Also seek proper legal advise as to whether they will need to be out of UK again in other to avoid any delay in issuing them RC.
Spat if it is taking longer than expected, did you think about involving Solvit. http://www.solvitireland.ie/
I hope too this is the case regarding the entry stamp but it's our assumption as we don't know yet how HO will see/process it. I am still awaiting an answer or replies though I have booked another slot with an immigration solicitor for tomorrow. And thank you replying in your another post here about your husbands entry stamp under EEA regulation 2016.Anamkhan wrote: ↑Wed Apr 03, 2019 2:54 pmTO go honest it doesn’t matter whether they got a stamp which says addmitted under Eea regulation or not. When u apply for a uk residence card for them they will look at whether u meet the requirements of Surinder Singh whilst u were in another Eea state. If yes then they will grant the card if they see your move to another Eea state as circumventing uk law then u need to prove that u actually moved ur centre of life there and exercise do treaty rights etc.
The officers on airport don’t have time to go through everything with u and decide which entry stamp is appropriate . As long as they r allowed in. , if a competent solicitor tells u that u can make a case under Surinder Singh then u should Ben fine