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Landing Cards & Arrival Stamps-EEA Resident Card Holders

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Plum70
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Post by Plum70 » Tue Aug 17, 2010 4:46 pm

Yes, all UK immigration stamps in my passport have an 'identifying number'.

Complaint letter complete; to be sent off tomorrow once scans are done. I wonder if I should ask for a similar letter for future use at the border or let them offer one...

Thanks again.

P.S: For non-EEA family members + landing cards see 5.2.1: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

DFDS.
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Post by DFDS. » Thu Aug 19, 2010 4:10 pm

86ti wrote:Don't forget to include a copy of the stamp(s) and your residence card as evidence.

EDIT: Do your stamps have a number in the second row (between 'IMMIGRATION OFFICER' and the date)?
But IO has already destroyed crucial evidence, by refusing him to fill in the landing card. They would have traced that landing card and in no way the IO would dinie his arrogance and breach of EU law!
Relax! and this too shall pass, secrets are like seasons, they change.

Plum70
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Post by Plum70 » Sat Aug 21, 2010 11:13 am

DFDS. wrote:
86ti wrote:Don't forget to include a copy of the stamp(s) and your residence card as evidence.

EDIT: Do your stamps have a number in the second row (between 'IMMIGRATION OFFICER' and the date)?
But IO has already destroyed crucial evidence, by refusing him to fill in the landing card. They would have traced that landing card and in no way the IO would dinie his arrogance and breach of EU law!
Not fully - There is still evidence of UK entry stamp(s) in my passport which is one of the two protocols that non-EEA family members in possession of a RC should not be subject to.

I have emailed my complaint over to the UKBA team.

DFDS.
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Post by DFDS. » Sat Aug 21, 2010 2:39 pm

Plum70 wrote:
DFDS. wrote:
86ti wrote:Don't forget to include a copy of the stamp(s) and your residence card as evidence.

EDIT: Do your stamps have a number in the second row (between 'IMMIGRATION OFFICER' and the date)?
But IO has already destroyed crucial evidence, by refusing him to fill in the landing card. They would have traced that landing card and in no way the IO would dinie his arrogance and breach of EU law!
Not fully - There is still evidence of UK entry stamp(s) in my passport which is one of the two protocols that non-EEA family members in possession of a RC should not be subject to.

I have emailed my complaint over to the UKBA team.
Tell you something, they do these things intentionally, then try to bloke any litigation. Example, I've been stoped and searched then detained before, for a crime i did'nt do. On realising that they had detained me for no reason at all, officer fills in a stop and search form, but intentionally he dose'nt fill in the date as well as time on which the incident took place. Very little success can be achieved suppose i decided to follow up a lawsuit againist them, though i do have the form they issued me. I did'nt realise it had no date and time of the incident, not untill i arrived home.
Relax! and this too shall pass, secrets are like seasons, they change.

Plum70
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Post by Plum70 » Sun Aug 22, 2010 11:00 am

I'm not seeking retribution against the IO(s) who stamped my passport or requested that I fill landing cards.

I have simply asked that the relevant UKBA dept. to address the matter at the appropriate level and in accordance with EU law via: training, updating their information systems - UKBA website, border operation manuals and other e-systems to reflect accurate border protocol for non-EEA/Swiss family members in possession of RC entering the UK (other than on "first admission" within this category).

Will post back reply

babie_meg
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Post by babie_meg » Tue Aug 31, 2010 6:18 pm

My experience at Paris Gare du Nord yesterday was that I was not requred to fill in a landing card nor did the immigration officer put a stamp in my passport because I have the Residence Card. However, they did question me about my relationship with my French husband (he was with me at the time in the queue). I was once refused entry to the UK over 3 years ago because I arrived in the UK without the correct entry clearance for studying. Can't believe I am still in their system after so long and it seems there is no way to have this removed and that I will always be stopped and questioned everytime I return to the UK.

Does anyone have similar experience? When will I become normal and not be stopped again? Do I have to wait until I get my French or UK citizenship?

me and my husband want to live together normally in the UK that's why we got married and applied for the RC (and it was approved by the Home Office!!) if this is still not enough for me to travel freely I don't know what else is there to do?

If Home Office issued me the RC, why then other departments within the UKBA still suspect and question me? seems to me they don't communicate with each other?

Plum70
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Post by Plum70 » Thu Sep 02, 2010 3:51 pm

I welcome your experience as a +ve sign! Did the IO 'lead' in this encounter or did you have to remind him/her that you didn't have to fill a landing card/receive an entry stamp?

P.S: I suspect that until you acquire BC or French citizenship you may be subject to occasional questioning at the UK border. You should be able to acquire French nationality after 3 years of marriage (much quicker than BC) is it not?

86ti: Have you received the letter from the uKBA in response to your complaint on this issue? If so, what does it say (in summary).

86ti
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Post by 86ti » Thu Sep 02, 2010 8:14 pm

Plum70 wrote:86ti: Have you received the letter from the uKBA in response to your complaint on this issue? If so, what does it say (in summary).
No, hasn't materialized yet and I suspect the phone call concluded the case for them.

babie_meg
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Post by babie_meg » Sat Sep 04, 2010 10:47 am

Plum70 wrote:I welcome your experience as a +ve sign! Did the IO 'lead' in this encounter or did you have to remind him/her that you didn't have to fill a landing card/receive an entry stamp?

P.S: I suspect that until you acquire BC or French citizenship you may be subject to occasional questioning at the UK border. You should be able to acquire French nationality after 3 years of marriage (much quicker than BC) is it not?

86ti: Have you received the letter from the uKBA in response to your complaint on this issue? If so, what does it say (in summary).
Hi Plum70, following my being questioned at Paris Gare du Nord I wrote an email to complain the UK Border Staff and have just recieved a letter from UKBA apologising and reassuring me that i should not experience anything like this again in the future.

I also the other day wrote them an email about whether to fill in landing cards and to queue in All other passports or EU queue and whether they can stamp my passport but this has not been answered by them.... I am going for a holiday in 3 weeks time and will arrive back into Gatwick so I think I am going to use the EU queue (since my experience in Paris was that I did not need landing cards) and see what happens.

I feel better now that at least they do respond to complaints.

babie_meg
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Post by babie_meg » Sat Sep 04, 2010 10:51 am

Plum70 wrote:I welcome your experience as a +ve sign! Did the IO 'lead' in this encounter or did you have to remind him/her that you didn't have to fill a landing card/receive an entry stamp?

P.S: I suspect that until you acquire BC or French citizenship you may be subject to occasional questioning at the UK border. You should be able to acquire French nationality after 3 years of marriage (much quicker than BC) is it not?

86ti: Have you received the letter from the uKBA in response to your complaint on this issue? If so, what does it say (in summary).
also i didn't need to remind the IO at the counter that i didn't need to fill in a landing card. i arrived at the counter with a landing card in my hand and I wanted to hand it to her and she said i don't need that, it's fine. and she didn't place a stamp in my passport either.

yeah after 3 years of marriage i can acquire French citizenship with the condition that i can speak french. british one i need to wait 5 years.

Plum70
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Post by Plum70 » Sat Sep 04, 2010 7:06 pm

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?

Plum70
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Post by Plum70 » Thu Sep 09, 2010 2:30 pm

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! :wink:

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

London-er
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Post by London-er » Thu Sep 09, 2010 7:03 pm

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! :wink:

Thanks 86ti for pointing me to the e-complaints service.
Excellent Stuff Mate!!! Hope they learn their lessons :lol:

Plum70
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Post by Plum70 » Fri Sep 10, 2010 7:48 am

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.

86ti
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Post by 86ti » Fri Sep 10, 2010 10:21 am

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.

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Post by DFDS. » Fri Sep 10, 2010 11:21 am

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!
Relax! and this too shall pass, secrets are like seasons, they change.

Plum70
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Post by Plum70 » Fri Sep 10, 2010 12:50 pm

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.

London-er
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Post by London-er » Sat Sep 11, 2010 10:23 am

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 :x
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 ??? :roll:
They also need to modify this:
http://www.ukba.homeoffice.gov.uk/trave ... eaorswiss/ and include EEA Family Members / RC Card Holders
Last edited by London-er on Sun Sep 12, 2010 8:08 am, edited 1 time in total.

Plum70
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Post by Plum70 » Sat Sep 11, 2010 1:11 pm

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 :x
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 ??? :roll:
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!

maviesk
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Post by maviesk » Wed Dec 15, 2010 11:34 pm

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?

Plum70
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Post by Plum70 » Thu Dec 16, 2010 2:07 am

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

fysicus
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Post by fysicus » Thu Dec 16, 2010 3:58 pm

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!

Plum70
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Post by Plum70 » Thu Dec 16, 2010 10:44 pm

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.

Plum70
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Post by Plum70 » Thu Jan 06, 2011 10:12 pm

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?

AKDK
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Post by AKDK » Fri Jan 07, 2011 10:40 am

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.

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