second 1a sucsess

[euroguys]

Nipped across the channel last week for a days shopping with the missus no visas just marriage cert and all the docs we used to enter earlier in the year.

Was impressed by the mis-information of our border staff who seem to think there opinions carry weight in to law.despite me having it all printed out and organised

I have an 8 minute recording with is ironically rib splitting

I clearly stated WE were resident in the UK and had been exersizing our treaty rights 2004/38 freedom to go shopping lol

A selection

from a family permit lasts for 4-5 years to my wife demonstrating she is exercising treaty rights (singh & eindt Im the Brit) a particularly good one was that i should have returned our registration and family member residence cards to the EU country they were issued from "but they are part of the proof of our residence and treaty rights claim" "you should have taken a photo copy" " UKBA dont accept photo copies only original documents" silence also stated British law took precedence over european with a left right side of the road driving analogy I did my best to educate.

Apparently my wife "overstaying a month" will go on her immigration record and if she does it again she could be arrested and this stamp is only given so we have the "last"chance to "regularize" her stay and apply for a residence card

I drew attention to Article 25 European Citizens Charter

"Possession of a registration certificate as referred to in Article 8, of a document certifying permanent residence, of a certificate attesting submission of an application for a family member residence card, of a residence card or of a permanent residence card, may under no circumstances be made a precondition for the exercise of a right or the completion of an administrative formality, as entitlement to rights may be attested by any other means of proof.” Blank disbelief

And from UKBAs own web site

""Do you need to apply?

You do not need to obtain documents confirming your right of residence in the UK if you are a family member of an EEA national."

I included the bit about Brits and Singh UMMM

I pointed out that it was the difficulty of contact with the HO coupled to delay (often outside the legal requirements)in the residence card issuing that was at fault as in order to establish family life in the UK the documents demanded and there retention would otherwise prevent one from successfully applying for

Nino (id check)
Health service registration
Child Benifit
Habitual Residency check housing
Opening a bank account
Job applications
Driving licence
Landlord checks

It was also stated that you can do it in person at croyden or perhaps liverpool

Final exortation to apply





I am wondering where all this nonsence comes from perhaps a FOI to see where & what the training is as its so wrong as to be a concern that they actualy do know and are using rhetoric and threats to apply conditions that dont actualy exist

[ShrewsburyMark]

Good for you mate! someone needs to keep them on their toes..

[euroguys]

I presume this is every day stuff since nobody seems to think its out of the ordinary

[Directive/2004/38/EC]

I have already done some FOI requests in this area. See https://www.whatdotheyknow.com/user/rob ... n/requests for all, but more specifically https://www.whatdotheyknow.com/request/ ... r_training

You may find some of it either interesting or useful

It is sad that the officer does not know they rules. In such cases it is worth asking for a senior officer to join the conversation.

[stars]

I have already done some FOI requests in this area. See https://www.whatdotheyknow.com/user/rob ... n/requests for all, but more specifically https://www.whatdotheyknow.com/request/ ... r_training

You may find some of it either interesting or useful

It is sad that the officer does not know they rules. In such cases it is worth asking for a senior officer to join the conversation.

Thanks Directive what a wonderful piece of information good work keep it up

[euroguys]

https://www.whatdotheyknow.com/request/ ... n.pdf.html


The above FOI includes

3) For non European Union (EU) family members of EU citizens, the 'full guide for
employers on preventing illegal working in the UK' advises an employer that they need to
see a Certificate of Application confirming a right to work which should then be validated
by the ECS and copies of both of these documents should be held on record to provide the
employer with the statutory excuse.

The following link takes you to this guide, page 31 refers.

http://www.ukba.homeoffice.gov.uk/sitec ... rs/prevent
ingillegalworking/currentguidanceandcodes/comprehensiveguidancefeb08.pdf?view=Binar
y


This would apear to be in direct contravention of Article 25 of the European Citizens Charter