EEA4 permenant residence... and immigration officer

[pinkpanter]

Hi Guys,

I just would like to share my experience at Heathrow airport last week. I was on holidays with my EEA wife and returned from Dubai last week. When we (me and my wife) reached to immigration desk, there were two rows. UK nationals and international. I stayed with UK immigration line as there were only few people. When immigration officer saw my passport, she told me to go to the international line. Well, without any complain I joined the international line and after an hour, when I shown my passport to the immigration officer, he asked me 'how I got this EEA 4 permanent residence'. I replied 'because of my EEA wife', and then he started asking me different questions i.e. where did you meet with your wife etc. Anyway I stopped him asking question and requested that I don’t want to be rude, but please I want to speak with your supervisor because you are not supposed to ask me these questions because I already have obtained my PR and no longer dependent on my wife. But, he insisted that I have to answer these questions to satisfy him. Anyway, after long argument, finally he called to his supervisor. I explained to her everything, but she said to me the same that you should not be offended if immigration officer asked you these kinds of questions. He just wanted to ensure that your marriage is genuine. In short, after some more argument they let me go.

I really don’t understand the point of getting EEA4 permit, if I still have to answer these questions.

[fysicus]

Submit a formal complaint to UKBA about this incident, as both the IO and the supervisor clearly do not properly understand the EEA regulations. When a Residence Card has been issued, and five years later also a Permanent Residence Card it should be clear the UKBA is satisfied that there is not a marriage of convenience.

If IO's try to repeat the work of the European Applications Department on each entry to the UK, it is no wonder why the queues at Heathrow are so long!

[EUsmileWEallsmile]

HI was on holidays with my EEA wife... When we (me and my wife) reached to immigration desk, there were two rows. UK nationals and international. I stayed with UK immigration line as there were only few people. When immigration officer saw my passport, she told me to go to the international line...

Whether you have a family permit, a residence card or a permanent residence card you are entitled to use the EU line. You were with your wife, you should have made a fuss there and then.

[EUsmileWEallsmile]

when I shown my passport to the immigration officer, he asked me 'how I got this EEA 4 permanent residence'. I replied 'because of my EEA wife', and then he started asking me different questions i.e. where did you meet with your wife etc...

The only relevant question (apart from pleasantries, no one needs to be rude) is whether you have been absent for more than 2 consecutive years.

From their border force manual "Examination should be to establish that the passenger is the rightful holder of the document and that he has not been absent from the UK for more than 2 years."

Sometimes one is asked questions at the border and they can be genuine pleasantries such as how was your trip and sometimes they can be to see if the person is the genuine holder of the document. Of course one does not have to answer them, but why be rude.

You are perfectly entitled to point out that once PR is acquired that's it...

[EUsmileWEallsmile]

...He just wanted to ensure that your marriage is genuine....

Where was your spouse at this point?

[EUsmileWEallsmile]

Did they waste paper and make you fill a landing card?

Did they deface your passport with a stamp?

[mcovet]

I always wondered what if OP refuses to answer illegal questions blank just says: "sorry, mate, any such questions should be warranted by at least some evidence, otherwise I trust that you can rely on your colleagues to do all the proper checks prior to issuing me with this document?!"


anyway, they can do absolutely NOTHING if you silently tell him to hurry up and let you through. If they unreasonably, without any evidence delay you, complain and get basic compensation. If, in addition, you incur further losses, those would also be recoverable as damages in a lawsuit.

It's time people stood up against those incompetent muppets, both on borders and behind desks. How difficult is it to dedicate a day to familiarising yourself with those EU Directive and UK regs? So many cases of people here being messed about with cause of lack of training.

Next time don't answer those Qs, just stare at him silently, without blinking and frown

[EUsmileWEallsmile]

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

End of conversation.

[Jambo]

he asked me 'how I got this EEA 4 permanent residence'

Answer: I applied for it.

[EUsmileWEallsmile]

he asked me 'how I got this EEA 4 permanent residence'

Answer: I applied for it.

Absolutely agree.

[EUsmileWEallsmile]

One might legitimately ask in retort how did you get this job?

[fysicus]

I arrived yesterday (not at Heathrow but at a regional airport) after a week holiday with my wife (visa-national who holds PR-EEA4 for almost two years now) and the IO gave me the impression he saw such documents for the first time.
First he asked if we are married, which I confirmed although it is irrelevant (and he didn't ask for any documentary evidence), and then he asked why the PR sticker was issued on a separate A4 (Immigration Status Document), and I answered: how should I know; that's how your colleagues from UKBA sent it to us.
No further questions; he didn't ask for a landing card and didn't stamp the passport, but he looked as if he did not 100% trust us. But may be it was because he never saw such combination of documents before and was simply confused.

[pinkpanter]

EUsmileWEallsmile
Moderator


Joined: 07 Oct 2011
Posts: 3078

Posted: Fri May 11, 2012 4:32 pm Post subject: Re: EEA4 permenant residence... and immigration officer

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pinkpanter wrote:
...He just wanted to ensure that your marriage is genuine....


Where was your spouse at this point?

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EUsmileWEallsmile
Moderator


Joined: 07 Oct 2011
Posts: 3078

Posted: Fri May 11, 2012 4:33 pm Post subject:

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Did they waste paper and make you fill a landing card?

Did they deface your passport with a stamp?

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mcovet
BANNED


Joined: 25 Mar 2010
Posts: 494

Posted: Sat May 12, 2012 2:36 pm Post subject:

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I always wondered what if OP refuses to answer illegal questions blank just says: "sorry, mate, any such questions should be warranted by at least some evidence, otherwise I trust that you can rely on your colleagues to do all the proper checks prior to issuing me with this document?!"


anyway, they can do absolutely NOTHING if you silently tell him to hurry up and let you through. If they unreasonably, without any evidence delay you, complain and get basic compensation. If, in addition, you incur further losses, those would also be recoverable as damages in a lawsuit.

It's time people stood up against those incompetent muppets, both on borders and behind desks. How difficult is it to dedicate a day to familiarising yourself with those EU Directive and UK regs? So many cases of people here being messed about with cause of lack of training.

Next time don't answer those Qs, just stare at him silently, without blinking and frown

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EUsmileWEallsmile
Moderator


Joined: 07 Oct 2011
Posts: 3078

Posted: Sat May 12, 2012 10:08 pm Post subject:

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

End of conversation.

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Jambo
Guru


Joined: 02 Oct 2009
Posts: 4190

Posted: Sat May 12, 2012 10:24 pm Post subject:

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Quote:
he asked me 'how I got this EEA 4 permanent residence'


Answer: I applied for it.

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EUsmileWEallsmile
Moderator


Joined: 07 Oct 2011
Posts: 3078

Posted: Sat May 12, 2012 10:58 pm Post subject:

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Jambo wrote:
Quote:
he asked me 'how I got this EEA 4 permanent residence'


Answer: I applied for it.


Absolutely agree.

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EUsmileWEallsmile
Moderator


Joined: 07 Oct 2011
Posts: 3078

Posted: Sun May 13, 2012 8:07 pm Post subject:

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One might legitimately ask in retort how did you get this job?

Sory for the late response!

I was always polite even when they asked me to go to international line (even I knew that I should not be) but without fuss, I did and when IO ask me this stupid question that How I got this PR EEA 4, and I said I got due to my EEA wife and the interview should be off, but I think it's all depand on the IO. I have travelled last year and nothing wrong happend at the airport or with IO...

[pinkpanter]

...He just wanted to ensure that your marriage is genuine....

Where was your spouse at this point?

My spouse was waiting for me outside the immigration desk.

[pinkpanter]

Did they waste paper and make you fill a landing card?

Did they deface your passport with a stamp?

I didn't fill landing card but, they defaced stamp on my passport.

[jotter]

Did they waste paper and make you fill a landing card?

Did they deface your passport with a stamp?

Landfill card, perhaps?

[Directive/2004/38/EC]

I didn't fill landing card but, they defaced stamp on my passport.

What do you mean?

[pinkpanter]

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).

[EUsmileWEallsmile]

If you hold a residence card, your passport must not be stamped. (also applies to permanent residence cards)

[pinkpanter]

"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

[Jambo]

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).

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?

[Directive/2004/38/EC]

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!

[thsths]

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?

We had a chat with the officer last time, and he said we can go to the EU line if we are together as a family. If the non-EU member arrives alone, he/she may have to through the non-EU line, although he admitted that the rules are a bit complicated. He sounded like someone who has done this job for a while, so this may be the official position.

[jumpingzombie]

We had a chat with the officer last time, and he said we can go to the EU line if we are together as a family. If the non-EU member arrives alone, he/she may have to through the non-EU line, although he admitted that the rules are a bit complicated. He sounded like someone who has done this job for a while, so this may be the official position.

I'm a non-EEA citizen/no visa national, holding the residence card(EEA2) as a family member of an EEA national.
As a quote above, I go to the non-EU line when I travel by myself, but to the EU line when I'm with my husband, not to get bothered.

When I got back from one of the EEA countries to the Stansted airport by myself this April, an immigration officer asked me exactly the same question as the OP got("How did you get it?"). I was a bit surprised by an unexpected question for a moment, but answered as "because of a marriage with an EEA national living in this country" immediately, then end of conversation. I didn't get any stamps on my passport.

I traveled to outside of the EEA countries by myself last month. When I arrived at the Heathrow airport, an immigration officer asked me where my husband was I answered about it without any problems, but felt the officer tried to check if our marriage was genuine. Eventually, the officer said "welcome back", giving a stamp on my passport this time.

It doesn't bother me whether I get a stamp or not honestly, but I wonder if there're any points to ask us(resident card holders) such questions, even though the UKBA has issued these permissions

[Directive/2004/38/EC]

The RC is not a permission (hence it is not called a Residence Permit). You have the right to stay simply because of the ongoing family relationship to the EU citizen.