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Enter UK with Article 10

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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rohangk_83
Newly Registered
Posts: 17
Joined: Wed Apr 16, 2014 11:04 am

Enter UK with Article 10

Post by rohangk_83 » Tue Sep 20, 2016 10:37 pm

I travelled last week with my non-Eu wife and mother from France to Uk after completing Surinder Singh route. I am British and was living in France. My mother and wife had residence card in France as family member of eu citizen under Diective 2004/38/Ec. None of them had Eea Fp.
There was no question from the airline. We arrived at the border where I was expecting some resistance and was prepared to argue my case but surprisingly that was smooth too. However their passports have not been stamped at all! I read somewhere that passport of article 10 residence card holders shouldn't be stamped as they come under Eu free movement.
Iam left wondering if no entry stamp on their passport could be an issue as I am looking to file their Eea2 residence card.

gillacious_505
Member
Posts: 125
Joined: Wed Apr 29, 2015 11:34 pm

Re: Enter UK with Article 10 - Should I email Immigration fi

Post by gillacious_505 » Tue Sep 20, 2016 11:38 pm

Many congratulations.

Yes even I have read somewhere that it shouldn't be stamped, but so far almost everyone have got their passport stamped.

It shouldn't be a problem. Just attached all your boarding passes when your wife and mother apply for RC. :)

With regards to your story. Can you share some details.

For how long did you stay in France. ?

Was any questions asked to you, your mother or your wife.?

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Enter UK with Article 10

Post by noajthan » Tue Sep 20, 2016 11:57 pm

rohangk_83 wrote:However their passports have not been stamped at all! I read somewhere that passport of article 10 residence card holders shouldn't be stamped as they come under Eu free movement.
Iam left wondering if no entry stamp on their passport could be an issue as I am looking to file their Eea2 residence card.
You probably read it here:
https://www.whatdotheyknow.com/request/ ... ndents.pdf
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Richard W
- thin ice -
Posts: 1950
Joined: Wed Oct 17, 2012 4:25 am
Location: Stevenage
England

Re: Enter UK with Article 10

Post by Richard W » Wed Sep 21, 2016 12:21 am

noajthan wrote:You probably read it here:
https://www.whatdotheyknow.com/request/ ... ndents.pdf
Judging by its date (2011), I believe the only residence cards that version acknowledges are those issued by the UK. It doesn't even mention the once-privileged status of German and Estonian EEA residence cards.

I'd put my money on Article 5(3) of Directive 2004/38/EC:
The host Member State shall not place an entry or exit stamp in the passport of family members who are not nationals of a Member State provided that they present the residence card provided for in Article 10.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Enter UK with Article 10

Post by noajthan » Wed Sep 21, 2016 12:26 am

Richard W wrote:
noajthan wrote:You probably read it here:
https://www.whatdotheyknow.com/request/ ... ndents.pdf
Judging by its date (2011), I believe the only residence cards that version acknowledges are those issued by the UK. ...
...
Sigh.
The reference was to "stamping passports" - nothing else.

Its an example of type of document. An exemplar; so who cares which version.

I'm applying broad strokes here - taking account of prevailing weather and driving conditions; and attention span of readers.
All after performing cost-benefit analysis for level of granularity worth investing in a particular post.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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