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Fingerprints for EEA permit unlawful?

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Trent
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Joined: Mon Feb 08, 2010 1:58 pm

Fingerprints for EEA permit unlawful?

Post by Trent » Thu Mar 04, 2010 9:43 am

The UK requires fingerprints be taken for an EEA family permit. The EU says this is not required as previous cases have shown. What recourse do I have if they refuse to issue an EEA family permit for not submitting biometric information?

Thanks

Pakhtoon
- thin ice -
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Joined: Mon Sep 24, 2007 2:57 am
Location: Warsaw, Poland

Post by Pakhtoon » Thu Mar 04, 2010 9:59 am

You can't submit your application for entry clearence ( whatever type ) without going to the embassy in person. Once you are there, they won't accept your application unless you give your fingerscan i.e. its a part of the application.

So I suppose there is no question of them refusing visa on the basis of not providing biometric data since you would already have given it.
“Terrorism is the war of the poor; war is the terrorism of the rich.â€

Trent
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Posts: 47
Joined: Mon Feb 08, 2010 1:58 pm

Post by Trent » Thu Mar 04, 2010 10:04 am

Pakhtoon wrote:You can't submit your application for entry clearence ( whatever type ) without going to the embassy in person. Once you are there, they won't accept your application unless you give your fingerscan i.e. its a part of the application.

So I suppose there is no question of them refusing visa on the basis of not providing biometric data since you would already have given it.
You are mistaken. The application is first lodged online or through mail. It is then that the UK embassy/consulate arranges for the applicant to come in to take biometric information and an eventual interview if there are doubts with respect to the authenticity of their identities or the legitimacy of their relationship.
Last edited by Trent on Thu Mar 04, 2010 10:05 am, edited 1 time in total.

86ti
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Re: Fingerprints for EEA permit unlawful?

Post by 86ti » Thu Mar 04, 2010 10:05 am

Trent wrote:The EU says this is not required as previous cases have shown.
That's the petition of our dear member Richard66. I'm afraid nothing has changed since then. There was also a case against the UK listed but it disappeared from the register. Wonder what happened.

Trent
Newbie
Posts: 47
Joined: Mon Feb 08, 2010 1:58 pm

Re: Fingerprints for EEA permit unlawful?

Post by Trent » Thu Mar 04, 2010 10:06 am

86ti wrote:
Trent wrote:The EU says this is not required as previous cases have shown.
That's the petition of our dear member Richard66. I'm afraid nothing has changed since then. There was also a case against the UK listed but it disappeared from the register. Wonder what happened.
Understood. So what recourse do I have? Solvit? Anything else?

86ti
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Re: Fingerprints for EEA permit unlawful?

Post by 86ti » Thu Mar 04, 2010 10:14 am

Trent wrote:
86ti wrote:
Trent wrote:The EU says this is not required as previous cases have shown.
That's the petition of our dear member Richard66. I'm afraid nothing has changed since then. There was also a case against the UK listed but it disappeared from the register. Wonder what happened.
Understood. So what recourse do I have? Solvit? Anything else?
The UK appears to be very adamant in this case so I wouldn't expect anything from Solvit. Still, I would think that a complaint should be filed, also directly to the EU Comission. Though, pessimistic as I am, I guess this won't get you anywhere in the near future if ever...

Trent
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Posts: 47
Joined: Mon Feb 08, 2010 1:58 pm

Re: Fingerprints for EEA permit unlawful?

Post by Trent » Thu Mar 04, 2010 10:21 am

86ti wrote: The UK appears to be very adamant in this case so I wouldn't expect anything from Solvit. Still, I would think that a complaint should be filed, also directly to the EU Comission. Though, pessimistic as I am, I guess this won't get you anywhere in the near future if ever...
Ok thanks. That makes things very clear. We will submit for fingerprints and file complaints at the same time.

Pakhtoon
- thin ice -
Posts: 889
Joined: Mon Sep 24, 2007 2:57 am
Location: Warsaw, Poland

Post by Pakhtoon » Thu Mar 04, 2010 11:20 am

Trent wrote:
Pakhtoon wrote:You can't submit your application for entry clearence ( whatever type ) without going to the embassy in person. Once you are there, they won't accept your application unless you give your fingerscan i.e. its a part of the application.

So I suppose there is no question of them refusing visa on the basis of not providing biometric data since you would already have given it.
You are mistaken. The application is first lodged online or through mail. It is then that the UK embassy/consulate arranges for the applicant to come in to take biometric information and an eventual interview if there are doubts with respect to the authenticity of their identities or the legitimacy of their relationship.
Its not that I want to disagree with you but filling out the application online itself doesn't mean anything. You still have to print out the application form and submit it in the embassy in person alongwith supporting documents. This is how it is at least here in Warsaw.

Personally I don't see any problem with it, after all its just to stop the abuse of visa system.
“Terrorism is the war of the poor; war is the terrorism of the rich.â€

thsths
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Post by thsths » Thu Mar 04, 2010 2:05 pm

Pakhtoon wrote:Personally I don't see any problem with it, after all its just to stop the abuse of visa system.
Is it? Or does the fingerprint later show up in the police database? I think that is a reasonable question to ask, given that lots of confidential details were later found to be in the police database, or even lost on the circle line...

If it is only for the visa, I would agree that it is a reasonable method of additional authentication for applications without biometric passports.

wet26
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Location: London

Post by wet26 » Mon Mar 08, 2010 8:50 am

When I applied for an EEA FP (twice) in Madrid, I had to submit an online application before being able to choose an appointment time at the consulate. I had to print off the application and take it with me to the consulate otherwise I would not have been allowed in.

I had to submit biometric data twice and then I was fingerprinted the old fashioned way when I was detained for 4 hours for questioning at Portsmouth. I thought it was a bit excessive, but at the end of the day, I have nothing to hide.

mcovet
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Post by mcovet » Tue Oct 05, 2010 9:27 am

have the same situation. My granma- 78 years old, can't walk. I emailed to ask where they derive their authority from to collect bio data, waiting for reply. Would be a pain in the mule to take her out for the sake of fingerprinting. poor thing would be lucky to survive the flight and i don't want to take her out more than necessary

mcovet
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Post by mcovet » Thu Oct 07, 2010 9:09 am

any ideas, anyone pls? Any updates on this issue from the Commission or other sources confirming the illegality of fingerprinting? would be great if someone has this info. thx

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