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Stamp 1A - Valid for how long?

Posted: Mon Oct 22, 2012 4:47 pm
by PeterM
Hello,

for context: My wife is from Brazil. I am German.

About 8 months ago we got an EEA family permit for her, then when in the UK applied for a residence card. It's 5 month now, we haven't heard a word. Because the EEA family permit had expired, we needed a new solution. So my wife and I travelled to the UK together, and told the IO we need a stamp 1A. He took our marriage certificate, and my wife's passport (gave us a letter saying that she is detained) and came back 10 minutes later and gave us the stamp. So far so good.

Now, maybe one month later my wife travelled from Germany to the UK alone. The IOs at the border told her the stamp 1A is not valid anymore, this was for one entry only. They took her passport, our marriage certificate and her CoA, and after some discussions gave her another stamp 1A. They furthermore told her she has to go through this procedure every time she enters the UK. (Both of us are travelling back and forth quite a bit.)

To me that does not seem right. I understood a stamp 1A different: I thought it would be valid for 6 months, just like an EEA permit.

Can someone shed some light on this? Who's right here, the IOs or we?

Thanks,
Peter

Posted: Mon Oct 22, 2012 5:20 pm
by Jambo
The IO.

The stamp is just a single entry one, similar to what you would get when entering as a tourist (but stamp 1A allows you to work). Each time it should be valid for 6 months but she will need to show the marriage certificate and a copy of your passport on every entry. I presume at some point, they would stop going to the back room every time and just stamp at the desk.

Posted: Mon Oct 22, 2012 11:05 pm
by Directive/2004/38/EC
Well this is kind of an odd question.

She has a right to be in the UK (and come and go) for as long as you are doing the right things here.
Because the EEA family permit had expired, we needed a new solution. So my wife and I travelled to the UK together, and told the IO we need a stamp 1A.
What is the solution for?

http://eumovement.wordpress.com/2010/08 ... to-travel/ excerpts from the Border Force manual on entry without a required EEA FP.

It says the slightly wrong and ambiguous
The person should be admitted for 6 months on a Code 1A
. Wrong because in fact the person can remain in the UK for as long as they need.

I would send UKBA a letter asking whether the RC will be ready within the statutory 6 months. Might shake the trees a little bit.

Posted: Fri Oct 26, 2012 11:21 pm
by hellrose
I can confirm that the date for stamp 1A will get refreshed every time she re-enters. I now have 3 date stamps lined up under my 1A stamp.
On my third time they didn't need to visit the back room :p

But Directive is right of course, she doesn't need a stamp in order to stay.