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EEA4 permenant residence... and immigration officer

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

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pinkpanter
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Post by pinkpanter » Wed Oct 31, 2012 12:35 pm

Jambo wrote:
Jambo wrote:Did they ever stamped your wife's EEA passport?! With RC/PR Confirmation, you should not be treated differently.

You should have insisted on using the EU line and save you the hour wait. Was it the IO at the desk who actually told you to move to the other queue or was it someone in charge of the queue? Did you show them you have PR Confirmation in the passport?
When I first joined the UK/EU line there were only four people on the line so, we joined it. I and my wife went together to the IO desk but she (IO) told me to go to international line despite she saw my PR sticker. I was so tired from the travelling, so without arguing I went to the international line. My wife also objected this to IO why my husband needed to go to that line and last time when we came back, we used EU line and nobody told him to go that line but, she said because your husband doesn't have EU passport.

I checked my wife's passport and I can only see dubai airport stamp and nothing else. Actually it doesn't bother me whether they stamped my passport or not, but interviewing me regarding my wife and PR is nonsense.

pinkpanter
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Post by pinkpanter » Wed Oct 31, 2012 12:52 pm

Directive/2004/38/EC wrote:They do have a right to generally ask questions to make sure that you are the person named in the passport. So asking for the details of your past status is one way of validating that you are that person so named.

Plus it makes the job less boring than wordlessly looking at your passport and handing it back to you!
They do have a right to ask questions. But asking question about 'how you met with your wife etc etc doesn't provide them sufficient evidence that I am the person named on the passport.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Wed Oct 31, 2012 1:41 pm

pinkpanter wrote:I checked my wife's passport and I can only see dubai airport stamp and nothing else. Actually it doesn't bother me whether they stamped my passport or not, but interviewing me regarding my wife and PR is nonsense.
If you are not too tired from travelling, turn the conversation around and see how much they know about EU law. You can sometimes have great conversations with border guards. I have had that twice!

jotter
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Post by jotter » Wed Oct 31, 2012 1:53 pm

pinkpanter wrote:
EUsmileWEallsmile wrote:"I have this card because I have lived in the UK in accordance with the conditions as laid down by law"

End of conversation.
The question itself is very stupid and I wasn't expecting. He should know that the Home office issued me PR after satisfied with my documents and this is nonsense to asking me question about my private life once it is written on my PR sticker 'Permenant Residence and no restriction to the holder etc etc'.

It was alreday enough for me 6 hours trevelling plus more than an hour on the immigration queue....and then this kind of questions
As fysicus said, make sure you submit a formal complaint. Since the vast majority of IOs appear to be familiar with how this works, the best way forward will be to complain about individual exceptions where we find them. The UKBA should at least reprimand the IO concerned and it will save others some hassle for the future.

pinkpanter
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Post by pinkpanter » Thu Nov 01, 2012 10:33 am

Directive/2004/38/EC wrote:
pinkpanter wrote:I checked my wife's passport and I can only see dubai airport stamp and nothing else. Actually it doesn't bother me whether they stamped my passport or not, but interviewing me regarding my wife and PR is nonsense.
If you are not too tired from travelling, turn the conversation around and see how much they know about EU law. You can sometimes have great conversations with border guards. I have had that twice!
I would love to have great conversations with border guards. But, not regarding my family life, spouse, visa status etc etc. To be honest he was looking at this PR as he never had seen this before. When his supervisor called and she saw my PR she was agreed with my visa but, clearly told me that IO can ask any question.

As I said before once it has written on my passport "Permanent Resedence and no restriction to the holder of the card" then there is no point to re-investigate and waisting time and energy...

pinkpanter
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Post by pinkpanter » Thu Nov 01, 2012 10:55 am

Jambo wrote:
he asked me 'how I got this EEA 4 permanent residence'
Answer: I applied for it.
Good Answere!!!

Hope I would remember... :D

andrej
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Post by andrej » Sat Nov 03, 2012 9:29 pm

pinkpanter wrote:
Directive/2004/38/EC wrote:
pinkpanter wrote:I didn't fill landing card but, they defaced stamp on my passport.
What do you mean?
I mean they put entry stamp on my passport. I thought it should not be but, I realise that if you are travelling from non EU country then it is normal to stamp on your passport by IO (May be I am wrong).
I do understand that passports of non-EEA samily members holding RC and PR are not to be stamped upon entry in to UK but realistically in more than 6 years my passport was stamped every time but once. That one time the IO looked like a man of experience and no-nonsense and it was in EEA/EU/UK line.

What I can say now is that I am grateful for all those stamps because they have helped me pin point and calculate my absences from the UK, exact dates when filling up the the EEA4&AN forms. This also means that I need only use my passports (expired and new) to prove my 5 year residence and not bother about letters from the employer, P60s and all the other jazz during naturalisation. I know it sometimes hurts to be treated like a second class citizen - even when holding PR, but it is all worth it in a bigger picture.

Mostly I went through "All Others", not because I was told to, but because the line was always shorter (in my experiences) and even my EEA spouse went with me. No one ever stopped her.

As for landing cards, I now do them out of sheer pleasure since being issued with PR. I love where they ask about your "duration of stay in the UK", I print "PERMANENT" in big, bold letters. This usually takes the IO by surprise before they check the passport. They can ask me whatever they want. I am never rude or impatient.

pinkpanter
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Post by pinkpanter » Sun Nov 04, 2012 10:14 am

andrej wrote:
pinkpanter wrote:
Directive/2004/38/EC wrote:
pinkpanter wrote:I didn't fill landing card but, they defaced stamp on my passport.
What do you mean?
I mean they put entry stamp on my passport. I thought it should not be but, I realise that if you are travelling from non EU country then it is normal to stamp on your passport by IO (May be I am wrong).
I do understand that passports of non-EEA samily members holding RC and PR are not to be stamped upon entry in to UK but realistically in more than 6 years my passport was stamped every time but once. That one time the IO looked like a man of experience and no-nonsense and it was in EEA/EU/UK line.

What I can say now is that I am grateful for all those stamps because they have helped me pin point and calculate my absences from the UK, exact dates when filling up the the EEA4&AN forms. This also means that I need only use my passports (expired and new) to prove my 5 year residence and not bother about letters from the employer, P60s and all the other jazz during naturalisation. I know it sometimes hurts to be treated like a second class citizen - even when holding PR, but it is all worth it in a bigger picture.

Mostly I went through "All Others", not because I was told to, but because the line was always shorter (in my experiences) and even my EEA spouse went with me. No one ever stopped her.

As for landing cards, I now do them out of sheer pleasure since being issued with PR. I love where they ask about your "duration of stay in the UK", I print "PERMANENT" in big, bold letters. This usually takes the IO by surprise before they check the passport. They can ask me whatever they want. I am never rude or impatient.
Andrej, Please read my full thread to understand the case. I have never had any problem with stamps on my passport. I have been travelling twice or sometime more every year abroad due to my job but, never care about stamps. It doesn't bother me as well.

In the past I have never been stopped for asking me these kind of irrelevant questions. Sometime I also went through UK Line and or; other line (depand on the queue) and IO never ask me any irrelevant question. IO used to just see my RC and usually ask me only one question 'Are you travelling with your EEA wife and where is she??' and thats it. Nothing else.

Providing landing cards, I don't have any problem as well to fill them. The only thing bother me that 'Once you have obtained PR, IO should respect what is written on it ie. 'Permanent Resedence.. No restriction to the holder's activities'.

With due respect, I have never been rude with IO or boarder officer. Even when the IO asked me to go to Other line.

andrej
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Post by andrej » Sun Nov 04, 2012 11:44 am

pinkpanter wrote:
Andrej, Please read my full thread to understand the case. I have never had any problem with stamps on my passport. I have been travelling twice or sometime more every year abroad due to my job but, never care about stamps. It doesn't bother me as well.

In the past I have never been stopped for asking me these kind of irrelevant questions. Sometime I also went through UK Line and or; other line (depand on the queue) and IO never ask me any irrelevant question. IO used to just see my RC and usually ask me only one question 'Are you travelling with your EEA wife and where is she??' and thats it. Nothing else.

Providing landing cards, I don't have any problem as well to fill them. The only thing bother me that 'Once you have obtained PR, IO should respect what is written on it ie. 'Permanent Resedence.. No restriction to the holder's activities'.

With due respect, I have never been rude with IO or boarder officer. Even when the IO asked me to go to Other line.
Don't worry budy, once in a while you will get someone who is having a bad day at work or who is badly trained or just trying to play tough. While I was on the RC (more of a stamp really - not even a sticker) and travelling alone I used to get bombarded with loads of questions about my spouse, their location, work and what I was doing. Once the IO asked me to describe the town I was styding in, saying that he knows that town well???!!!

I have not had any problems since aquiring PR so I know where you're coming from. It seems pointless them asking you all that stuff when your document states "PERMANENT RESIDENCE" and "NO RESTRICTIONS". I've heard stories of naturilised citizens whose place of birth on UK passport indicates outside of UK being asked questions like: "How did you get this passport?"... so I guess it never really stops. How much of it is just the IOs doing their jobs by the book and how much is power trips will always remain a mystery. :D

pinkpanter
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Post by pinkpanter » Mon Nov 19, 2012 10:09 am

andrej wrote:
pinkpanter wrote:
Andrej, Please read my full thread to understand the case. I have never had any problem with stamps on my passport. I have been travelling twice or sometime more every year abroad due to my job but, never care about stamps. It doesn't bother me as well.

In the past I have never been stopped for asking me these kind of irrelevant questions. Sometime I also went through UK Line and or; other line (depand on the queue) and IO never ask me any irrelevant question. IO used to just see my RC and usually ask me only one question 'Are you travelling with your EEA wife and where is she??' and thats it. Nothing else.

Providing landing cards, I don't have any problem as well to fill them. The only thing bother me that 'Once you have obtained PR, IO should respect what is written on it ie. 'Permanent Resedence.. No restriction to the holder's activities'.

With due respect, I have never been rude with IO or boarder officer. Even when the IO asked me to go to Other line.
Don't worry budy, once in a while you will get someone who is having a bad day at work or who is badly trained or just trying to play tough. While I was on the RC (more of a stamp really - not even a sticker) and travelling alone I used to get bombarded with loads of questions about my spouse, their location, work and what I was doing. Once the IO asked me to describe the town I was styding in, saying that he knows that town well???!!!

I have not had any problems since aquiring PR so I know where you're coming from. It seems pointless them asking you all that stuff when your document states "PERMANENT RESIDENCE" and "NO RESTRICTIONS". I've heard stories of naturilised citizens whose place of birth on UK passport indicates outside of UK being asked questions like: "How did you get this passport?"... so I guess it never really stops. How much of it is just the IOs doing their jobs by the book and how much is power trips will always remain a mystery. :D
Thanks Andrej!!

I got very useful advice for my future travelling!!!

Many thanks for everyone!

mcclane
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UK/EU Line

Post by mcclane » Wed Nov 21, 2012 1:43 am

I have arrived to Luton airport and IO asked me that where is my wife? She was on EU/UK line and I was on All other and I told that she is on EU side and she let me go without stamp.

On stansted airport it was 4am and IO checked my previous expired Residence permit and stamped it which was very strange did not even look my current residence card.

I did not know whether we can go to EU/UK line or All others line at the airports!!! But only thing I know if you r travelling together with your spouse you should be together at the desk!!!

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Wed Nov 21, 2012 12:38 pm

You can go through either line together. I would recommend you pick the shortest line!

Hubba
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Re: UK/EU Line

Post by Hubba » Wed Nov 21, 2012 12:46 pm

mcclane wrote:I have arrived to Luton airport and IO asked me that where is my wife? She was on EU/UK line and I was on All other and I told that she is on EU side and she let me go without stamp.
Last time I've travelled alone, when arriving via Heathrow, the IO also asked me where was my wife. I simply answered "She's home!". We had a good laugh and he welcomed me back.

Once they've asked my wife's nationality and why I was travelling alone. This was back in 2009.

Most annoying encounter I've had with an IO was at Calais. I was travelling with my wife, but the IO still asked me about my employment, where I lived, etc. It ended up stamping my passport as well. She clearly had no idea what she was doing, in one of the major routes between the UK and the rest of Europe. By the end of it, me and my wife were the last ones to board the bus, which pissed me off, having gone through the trouble of actually getting a confirmation of my right and still suffer such harassment.

After that I've passed through Calais again another couple of times, with no issues at all, and more than 10 times through airports, again with no issues.

My experience during these four and 1/2 years it that it depends of the IO. They are getting better trained (the incident above at Calais was about 2 years ago, and the last one). Although annoying, you just need to cooperate and show good will. They're trying to do their job the best way they can, even if they sometimes are talking out of their arses.

So, what can I say. Keep your cool and be friendly. I don't let them deface my passport anymore and actually explain they have no reason to (happened last time I've arrived via Luton).

mcclane
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Post by mcclane » Wed Nov 21, 2012 12:52 pm

Exactly true. depends on how IO is experienced or trained. And another thing I remembered is when we together went to All other Passports line IO showed me Landing card while I was approaching to the desk and I said I don't need fill it and he was like pist off saying uhh you dont need to fill it! then of course let me out without questions or stamp as we were together but never been in EU/UK line at the airport. so it happens and depends on whether IO trained well or not!

Hubba
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Post by Hubba » Wed Nov 21, 2012 5:44 pm

mcclane wrote:Exactly true. depends on how IO is experienced or trained. And another thing I remembered is when we together went to All other Passports line IO showed me Landing card while I was approaching to the desk and I said I don't need fill it and he was like pist off saying uhh you dont need to fill it! then of course let me out without questions or stamp as we were together but never been in EU/UK line at the airport. so it happens and depends on whether IO trained well or not!
Only time I was asked about the landing card was on the Calais incident described above. I don't even bother filling it out anymore.

One thing that I've noticed that makes my life much easier is how you approach the IO. Always, and I mean always, before even handling them your passport, have it opened on your Residence Card and say it out loud what you're presenting to them ("Here's my passport. I've taken the liberty of leaving it opened on my Residence Card already"). Some IOs start the questions even before checking your passport.

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Post by aledeniz » Wed Nov 21, 2012 7:17 pm

andrej wrote:I've heard stories of naturilised citizens whose place of birth on UK passport indicates outside of UK being asked questions like: "How did you get this passport?"...
I've seen with my eyes, and heard with my ears, this one:
EU airport (not the UK!), passport check to leave the country, the couple in front of me, 40 something, in the queue just before me, hand their documents to the border guard, who stands to a side of the queue, no computer checks. The guy is white, the lady is of African ancestry. The guard asks the lady her residence card, the lady clearly point the ID card of an EU country she has already given him, adding she is obviously a citizen of that EU country. The guard calls a colleague and he explains him the case. Take in account they are to the side of the stopped queue, and there are possibly 10 people able to clearly follow their conversation, the couple and me included. The main point of their conversation is their complete agreement that the lady is not etnically a "real" European, so, ID notwithstanding, she must provide the residence card. They turn, and ask the lady just that, in those terms. My jaw is sincerely on the ground, the husband is fuming, the lady is actually laughing at the crass ignorance and the idiotic beloved of the guards, who are probably not even realising the issue they are raising using sentences like "as you are not an original one they should have issued you a residence card, not an ID card". The husband get confrontational, the guards call a third colleague, they explain him the issue, they take the couple out of the queue, I am waived through with my ID card still on my hand, they don't even bother to ask me to open that. Later on, I see the couple on the plane, they must have been able to convince in some ways the guards that the ID card was enough to let her out of the country, even if the hue of the skin was not the expected one. The husband was still fuming, the lady was less distraught, I'm afraid she may have been just more accustomed to such episodes.
I must add that this didn't really happen decades ago, unfortunately ...

andrej
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Post by andrej » Wed Nov 21, 2012 10:14 pm

aledeniz wrote:
andrej wrote:I've heard stories of naturilised citizens whose place of birth on UK passport indicates outside of UK being asked questions like: "How did you get this passport?"...
I've seen with my eyes, and heard with my ears, this one:
EU airport (not the UK!), passport check to leave the country, the couple in front of me, 40 something, in the queue just before me, hand their documents to the border guard, who stands to a side of the queue, no computer checks. The guy is white, the lady is of African ancestry. The guard asks the lady her residence card, the lady clearly point the ID card of an EU country she has already given him, adding she is obviously a citizen of that EU country. The guard calls a colleague and he explains him the case. Take in account they are to the side of the stopped queue, and there are possibly 10 people able to clearly follow their conversation, the couple and me included. The main point of their conversation is their complete agreement that the lady is not etnically a "real" European, so, ID notwithstanding, she must provide the residence card. They turn, and ask the lady just that, in those terms. My jaw is sincerely on the ground, the husband is fuming, the lady is actually laughing at the crass ignorance and the idiotic beloved of the guards, who are probably not even realising the issue they are raising using sentences like "as you are not an original one they should have issued you a residence card, not an ID card". The husband get confrontational, the guards call a third colleague, they explain him the issue, they take the couple out of the queue, I am waived through with my ID card still on my hand, they don't even bother to ask me to open that. Later on, I see the couple on the plane, they must have been able to convince in some ways the guards that the ID card was enough to let her out of the country, even if the hue of the skin was not the expected one. The husband was still fuming, the lady was less distraught, I'm afraid she may have been just more accustomed to such episodes.
I must add that this didn't really happen decades ago, unfortunately ...
What EU country was this? This is something that would have made me kick off just as an observer. It boils my blood. Some EEA member states don't give a damn about the lack of implementation of EEA immigration rules and laws...

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Wed Nov 21, 2012 10:48 pm

Hubba wrote:One thing that I've noticed that makes my life much easier is how you approach the IO. Always, and I mean always, before even handling them your passport, have it opened on your Residence Card and say it out loud what you're presenting to them ("Here's my passport. I've taken the liberty of leaving it opened on my Residence Card already"). Some IOs start the questions even before checking your passport.
Very wise!

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Post by Hubba » Thu Nov 22, 2012 11:19 am

Directive/2004/38/EC wrote:
Hubba wrote:One thing that I've noticed that makes my life much easier is how you approach the IO. Always, and I mean always, before even handling them your passport, have it opened on your Residence Card and say it out loud what you're presenting to them ("Here's my passport. I've taken the liberty of leaving it opened on my Residence Card already"). Some IOs start the questions even before checking your passport.
Very wise!
Not my wisdom, but from an IO! He once told me that when I've presented a landing card (well, on my trip immediately after the one through Calais I've already mentioned).

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Post by rockford85 » Tue Dec 04, 2012 1:32 am

Hi all,
I received my Residence card 2 weeks ago. My wife is french national. We had a plan to visit turkey in January as my sister's family is coming over there but slightly change of plan due to family issues my wife would have to travel back to France next week as she is going by road with father in law. But I am still travelling to Turkey and my wife will join me over there in last few days.

I just want to ask that will it be fine that I am travelling without my wife to Turkey ? Because this would be my first trip since i got my RC. But we will come back together to UK. Will Immigration would ask that why my wife didn't go with me etc. ??

Note: I am going to Turkey with Turkish visit Visa.
Thank you in advance.

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Post by Directive/2004/38/EC » Tue Dec 04, 2012 1:42 pm

rockford85 wrote:I received my Residence card 2 weeks ago. My wife is french national. We had a plan to visit turkey in January as my sister's family is coming over there but slightly change of plan due to family issues my wife would have to travel back to France next week as she is going by road with father in law. But I am still travelling to Turkey and my wife will join me over there in last few days.

I just want to ask that will it be fine that I am travelling without my wife to Turkey ? Because this would be my first trip since i got my RC. But we will come back together to UK. Will Immigration would ask that why my wife didn't go with me etc. ??

Note: I am going to Turkey with Turkish visit Visa..
Ok, so this is a super easy question.

As long as your wife is temporarily leaving the UK for no more than 6 months per year, then you can come and go to the UK. She might be here or might not be here. She does not have to be in the UK when you arrive from a trip to Turkey, or if you go to your home country.

After she has been in the UK for 5 years, she will most likely have Permanent Residence. At that point she can be gone from the UK for up to 2 years.

Clear?

It is worth carrying a photocopy of your wife's passport or national ID card, and a photocopy of your marriage certificate when you travel on your own. Though I would recommend you keep it packed away and not generally show it.

Have fun travelling!

If asked, you need to repeat to everyone you meet:
I am married to a French citizen who is working in the UK
I am married to a French citizen who is working in the UK
I am married to a French citizen who is working in the UK
I am married to a French citizen who is working in the UK

rockford85
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Post by rockford85 » Tue Dec 04, 2012 8:27 pm

Directive/2004/38/EC wrote:
rockford85 wrote:I received my Residence card 2 weeks ago. My wife is french national. We had a plan to visit turkey in January as my sister's family is coming over there but slightly change of plan due to family issues my wife would have to travel back to France next week as she is going by road with father in law. But I am still travelling to Turkey and my wife will join me over there in last few days.

I just want to ask that will it be fine that I am travelling without my wife to Turkey ? Because this would be my first trip since i got my RC. But we will come back together to UK. Will Immigration would ask that why my wife didn't go with me etc. ??

Note: I am going to Turkey with Turkish visit Visa..
Ok, so this is a super easy question.

As long as your wife is temporarily leaving the UK for no more than 6 months per year, then you can come and go to the UK. She might be here or might not be here. She does not have to be in the UK when you arrive from a trip to Turkey, or if you go to your home country.

After she has been in the UK for 5 years, she will most likely have Permanent Residence. At that point she can be gone from the UK for up to 2 years.

Clear?

It is worth carrying a photocopy of your wife's passport or national ID card, and a photocopy of your marriage certificate when you travel on your own. Though I would recommend you keep it packed away and not generally show it.

Have fun travelling!

If asked, you need to repeat to everyone you meet:
I am married to a French citizen who is working in the UK
I am married to a French citizen who is working in the UK
I am married to a French citizen who is working in the UK
I am married to a French citizen who is working in the UK
Thanks for your answer but do they really have a record if in case someone's EU spouse is out of UK for more than 6 month ?

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Post by Directive/2004/38/EC » Tue Dec 04, 2012 9:28 pm

rockford85 wrote:Thanks for your answer but do they really have a record if in case someone's EU spouse is out of UK for more than 6 month ?
If UKBA really really wants to figure it out, you should assume they could. They keep entry records for everyone, and have all the airline/ship manifests. They could go through both and add things up.

In reality, it rare that one of the couple of gone for more than 6 months, and so it is rarely an issue.

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Post by rockford85 » Tue Dec 04, 2012 9:54 pm

Directive/2004/38/EC wrote:
rockford85 wrote:Thanks for your answer but do they really have a record if in case someone's EU spouse is out of UK for more than 6 month ?
If UKBA really really wants to figure it out, you should assume they could. They keep entry records for everyone, and have all the airline/ship manifests. They could go through both and add things up.

In reality, it rare that one of the couple of gone for more than 6 months, and so it is rarely an issue.
You are right that they have an access of flights records etc if they search in deep but they don't really have entry exit record of EU national. Because when my wife travel they just look her ID card or passport and let her exit or enter.

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advice please. pr or brit. nationality

Post by sadiako » Wed Dec 05, 2012 1:45 am

hi . please advice me what to do? i am a eea national and my wife is non eea national. i m living here last 10 year and she 8 years. we have 3 children they were born here.( we are living here on resident permits.we applied twice). now i wanted to apply for a permanent residence for us. or can we apply for British nationality ? what about the children do they have British nationality or should i also apply for them?. last five years i m working as self employed and before that i was working in a private company. i m also claiming working and child text credits and housing benefit (wife and my self). can this effect my application? if so what i should do..please please advise. i will be vary thankful for you replies. and do you recommend to apply through a solicitor? many thanks.[/b]

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