"exempt from control under the Immigration Rules"

Post by **Directive/2004/38/EC** » Mon Feb 09, 2009 11:02 pm

EEA nationals and their family members are exempt from control under the Immigration Rules.

http://www.ukvisas.gov.uk/en/ecg/chapter21/

What does "exempt from control under the Immigration Rules" exactly mean?

UKBAbble · Post by **UKBAbble** » Mon Feb 09, 2009 11:22 pm

It means that they are not required to seek leave to enter, they are not required to submit landing cards and there is no time limit on their stay. Accredited diplomats, NATO forces, UN officials etc. benefit from it.

Post by **vinny** » Mon Feb 09, 2009 11:25 pm

21.3.2 - EEA nationals who are exempt from control wrote:Diplomats and officials of EEA countries, members of the European Commission and their families are exempt from control. Their travel documents are not endorsed. EEA nationals and their family members are exempt from control under the Immigration Rules.

I believe that the "exemption" relates to "Diplomats and officials of EEA countries, members of the European Commission and their families". Normally, EEA nationals and their family members are subject to The Immigration (European Economic Area) Regulations 2006.

Ben · Post by **Ben** » Wed Feb 11, 2009 2:31 pm

vinny wrote:
21.3.2 - EEA nationals who are exempt from control wrote:Diplomats and officials of EEA countries, members of the European Commission and their families are exempt from control. Their travel documents are not endorsed. EEA nationals and their family members are exempt from control under the Immigration Rules.
I believe that the "exemption" relates to "Diplomats and officials of EEA countries, members of the European Commission and their families". Normally, EEA nationals and their family members are subject to The Immigration (European Economic Area) Regulations 2006.

21.3.2 is too ambiguous a statement for my liking. The first sentence relates specifically to "diplomats and officials of EEA countries". The final sentence says, blanketly, "EEA nationals and their family members are exempt from control under the Immigration Rules."

I agree, EEA nationals and their family members are subject to The Immigration (European Economic Area) Regulations 2006, and the provisions of Directive 2004/38/EC from which the former derives.

To say that "EEA nationals and their family members are exempt from control under the Immigration Rules.", is inaccurate. Whoever wrote that document should change it - fast.

jei2 · Post by **jei2** » Wed Feb 11, 2009 4:29 pm

I would have said the implication here is that EEA nationals and their family members are exempt from the Immigration Rules because they are governed by EEA Regulations.

But I agree that this is a little too ambiguous, particularly where family members might be concerned.

Ben · Post by **Ben** » Wed Feb 11, 2009 4:35 pm

jei2 wrote:I would have said the implication here is that EEA nationals and their family members are exempt from the Immigration Rules because they are governed by EEA Regulations.

Ah yes - that is clearer to me now, thanks.

EEA nationals and their family members are exempt from control under the Immigration Rules, because they are governed by the EEA Regulations.

So I was wrong - the statement is accurate, I was just reading it wrongly.

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"exempt from control under the Immigration Rules"

"exempt from control under the Immigration Rules"