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Poland refuse to enter family member of eea national

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mick5
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Poland refuse to enter family member of eea national

Post by mick5 » Sat Sep 08, 2012 1:48 am

Just came back from Ploand they refused to give me entry in poland.
I went with my polish partner(g friend) and I had all documents
you name it.Directive 2004, joint bank statements from past 3 years.
email from polish embassy that I don't need visa. but still they refused
to let me enter and they stamp on my passport right on the next page of
my "Uk Residence card" and after 8 hours stay at airport giving all guarantee
from my girl friend and her detail they say we don't believe on partner we only believe husband and wife. Good part they don't speak English at all and I can't speak polish so my g fried interprete everything.
Now we already booked for Corfu (Greece) holidays assuming I do not need visa
Traveling Sunday night and thinking to cancel these holidays it will be waist of £1800 as I don't want another refusal stamp on my passport. Please help what to do shall we go to Greece or cancel it as I don't have time to get visa as our holidays booked on Sunday 9th sep and embassy will open on Monday so no time to get visa.[/b]

Edit: 2 months ago on same residence card went with my (partner) girl friend to Malta no problem no question ask.
Please help what documents shall I take to Corfu to show them to get enter we have hotel and flight booked
Last edited by mick5 on Sat Sep 08, 2012 4:31 pm, edited 1 time in total.

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Sat Sep 08, 2012 7:42 am

If you were living in USA and had never been to Poland, then you would not be able to use the EU rules to enter Poland with your Polish partner.

But, if your Polish partner has been working in the UK, then you probably can use EU law to enter Poland.

See http://eumovement.wordpress.com/2007/04 ... ional-law/ though note that this case was for a married couple.

There is somebody else on this board who has recently been fighting with the UK govt on this same issue.

As for going to other EU member states, you have a Residence Card issued by the UK. You should be able to use it to enter most member states.

mick5
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Post by mick5 » Sat Sep 08, 2012 8:03 am

Guru thank you so much for your reply
Now what do you think about our
Corfu (Greece) holidays as I don't have time to apply visa
and flight is tomorrow night which is Sunday so no chance
to apply visa shall we take chance to go?
Or any other documents comes in your mind I take with me?
Please help

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Sat Sep 08, 2012 8:41 am

If I were in the situation, I would go. What is the down side? Worst case is that you get refused entry, but I doubt it.

You are slowly understanding the law more and more. Greece needs the revenue. You might want to bring proof that the EU citizen (and spouse) are working in London, in case there is any issue of you returning. (Not that it is a legal requirement, but it might just tip the scales in the unlikely event that you have a problem.)

In general a Residence Card means visa free travel. Repeat that mantra again and again! Be patient. Repeat. Residence card means visa free travel.

If you have any problem, be sure to write down the names and badge numbers of all involved immigration officers. Do it visibly, and suggest politely that you will complain to the European Commission if this is not resolved in the way required by law.

I actually found Corfu a bit uninteresting, but I did take a day trip to Albania on the ferry and that was fun. But all of this was a long time ago. And I am not so much into sun.

mick5
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Post by mick5 » Sat Sep 08, 2012 10:32 am

Thank you so much you really gave me confidence and.
Just to let you know all this conversation I'm writing is on my phone because I came back to Edinburgh not London as there was no flight yesterday from Poznan (Poland) coming to London I will be London in 2 hours and write the whole detail.
Thanks do much

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sat Sep 08, 2012 7:59 pm

I'm very disappointed to hear of your problems. You have an article 10 residence card. You have been recognised as being a family member. The complication of course was that you were entering the EU national's home country. I know from your other posts that your EEA national partner is working. Normally, this allows the EEA national to avail of the directive in their own country.

Do you intend to complain?

Go to Greece. You did it before.

mick5
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Post by mick5 » Sun Sep 09, 2012 7:55 am

EUsmileWEallsmile Thanks for your reply yes i want to complain the behavior of the staff toward me. from 1 pm till 8 pm they kept me and i got very warm cup of water which i asked can i have glass of water. i asked for tea and got answer we dont drink tea here in poland.
after taking all detail about me and guarantee letter from girl friend that she will be the responsible of my stay in poland. they said our IOM is off today and i have to call him to tell him whole situation if he will allow you then you can enter i said then from past 3 hours what you been doing are you not IMO he said no iam in security department. it made me laugh what a Joke....
any way we are taking chance to goto Corfu( greece ) i hope they will let us in as we have hotel booked.
EUsmileWEallsmile is there any documents i need to take with me if they stop me in Greece iam taking employment letter of my g friend and myself
and print out of Greece embassy which clearly mentioned on their web site "
British residence documentation (family member of eea national " do not require a visa in order to enter Greece, under the condition they are accompanied by the EU citizen or they are going to join him/her.
Before applying for a Schengen visa, please make sure that you are holder of a UK residence .
Still if you think i need some more documents please advise me .

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sun Sep 09, 2012 8:03 am

Mick 5, did you get a written refusal from the Polish authorities?

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sun Sep 09, 2012 8:07 am

mick5 wrote: EUsmileWEallsmile is there any documents i need to take with me if they stop me in Greece iam taking employment letter of my g friend and myself
and print out of Greece embassy which clearly mentioned on their web site "
British residence documentation (family member of eea national " do not require a visa in order to enter Greece, under the condition they are accompanied by the EU citizen or they are going to join him/her.
It is worth reading the schengen borders handbook.

http://ec.europa.eu/home-affairs/polici ... 620_en.pdf

mick5
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Post by mick5 » Sun Sep 09, 2012 10:15 am

EUsmileWEallsmile yes they gave me in written for my entry refusal and its all in polish and they ask me to sign it i said i can not sign it because i cant read polish and i dont know what you wrote its kind of form and only " C " ticked i said give me my passport and boarding pass i will sign it when i will pass the security and at the airport he said fine then he went with me got me boarding pass and passed the security then i sign it and he gave me my passport. came back to Edinburgh airport IMO saw my passport and asked what happened in Poland i said they refused me to enter and told him what ever happened he said to be honest they can not stop as long as you traveling with your European partner they did not refused you they refused UKBA authority what they gave you on your passport to travel free in Europe with your partner.
he said i would suggest you to complain about them in Polish embassy in London they way they treat you.
EUsmileWEallsmile the book you suggest shall i print it for Greece or shall i print Directive 2004 for to show them if they stop me because iam traveling tonight and i dont have much time you already helped people like us alot and i really appreciate that just once more let me know what documents shall i take with me tonight.
Thanks

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sun Sep 09, 2012 10:44 am

mick5 wrote: EUsmileWEallsmile the book you suggest shall i print it for Greece or shall i print Directive 2004 for to show them if they stop me because iam traveling tonight and i dont have much time you already helped people like us alot and i really appreciate that just once more let me know what documents shall i take with me tonight.
Thanks
Firstly, this may be useful (side by side English / Greek version of the directive).

http://eur-lex.europa.eu/Notice.do?mode ... words=null

I would bring your passport with article 10 residence card; your partner's passport and evidence that you are in a durable relationship.

mick5
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Post by mick5 » Sun Sep 09, 2012 10:53 am

Thanks again i already print Greek and English Directive 2004/38/EC what you linked me and i have joint account bank statements from past 4 years i will take randomly. I think it will be enough. I hope i wont need them but just to be on a safe.
thanks again

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sun Sep 09, 2012 11:44 am

Best of luck and I hope not to hear from you until you get back from a lovely holiday.

mick5
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Post by mick5 » Sun Sep 09, 2012 2:19 pm

Thank you so much will update soon

mick5
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Post by mick5 » Mon Sep 17, 2012 5:07 pm

Here iam back from Corfu (Greece) just arrived today back in london.
Went with Ryan air they didnt ask or said anything just stamped on my Boarding card.
Reached in Corfu airport IMO officer said i cant let you in because we dont believe girl friend/ boy friend we believe married couple i said we are not married and i showed to them the print out from their Greek embassy website where it says " Family member of EEA national" do not need visa if the are traveling together" he said i agreed with you its not your fault but this time i let you in next time better have visa or marriage certificate and make sure on your way back show same thing to IMO if they ask you how you get in?
Today IMO did not ask anything but did not stamp Exit on my passport i was about to board on Plane boarding pass checker woman stopped me and took my passport back to Immigration office and said where is you Exit stamp i said IMO did not stamped after 20 minutes one officer came and took me back to his office and women there asked me same question where is our marriage certificate i said we are not married and she asked where is exit stamp i went mad i said why every one asking me ask you IMO he did not stamp it its not my fault. then she said you can not goback to Uk on this residence stamp its not visa i said its not your problem i want my Passport back plane was about to fly, She said make sure next time get visa i said i wont come here again anyway.

Back here on Stansted airport no question ask no stamp just got in.
I was shocked that how so many European countries need to Educate their staff about this residence card and they really need to educate their staff how to treat their visitors.
One thing for sure next time i will get visa rather being embrace or going through hassle.

andrej
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Post by andrej » Thu Oct 11, 2012 9:23 am

mick5 wrote: then she said you can not goback to Uk on this residence stamp its not visa i said its not your problem i want my Passport back plane was about to fly, She said make sure next time get visa i said i wont come here again anyway.

Back here on Stansted airport no question ask no stamp just got in.
I was shocked that how so many European countries need to Educate their staff about this residence card and they really need to educate their staff how to treat their visitors.
One thing for sure next time i will get visa rather being embrace or going through hassle.
Tough break dude... it is incredible how rude border security on the cotinent is.
i may be wrong but Greek border staff have nothing to do with your UK RC and as long as you are leaving Schengen area it is none of their business where else you go. I had problems in Berlin 3 years ago when EasyJet security refused to recognise my EEA family member stamp as genuine.

mick5
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Post by mick5 » Thu Oct 11, 2012 6:19 pm

you are right its nothing to do with Greece border security when i was coming back to London i had RC but i've noticed so many European countries need to educate their staff.
I went to Malta IO and other staff were so polite and helpful no problem at all no one asked me any thing.

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