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Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix
Why is it that as an EEA Family Permit holder she didn't need to, but now she does?Smallfamily wrote:Yes
According to this document, you are wrong.Smallfamily wrote:Yes
I don't fill up landing card and I am holding EEA2 and i am also using EU Queue and so far no problem at all.Marco 72 wrote:According to this document, you are wrong.Smallfamily wrote:Yes
Marco 72 wrote:...permanent residence stamp after 5 years of residence as the spouse of an EEA citizen. Does she need to fill in a landing card...
Your wife has a passport (section 1) and the "valid residence card referred to in Article 10" (that´s the EEA-permit you mention, section 2). This final list of papers grants her entry into the UK, no landing card needed.2004/38/EC, Article 5 wrote:Article 5
Right of entry
1. Without prejudice to the provisions on travel documents
applicable to national border controls, Member States shall
grant Union citizens leave to enter their territory with a valid
identity card or passport and shall grant family members who
are not nationals of a Member State leave to enter their terri-
tory with a valid passport.
No entry visa or equivalent formality may be imposed on
Union citizens.
2. Family members who are not nationals of a Member State
shall only be required to have an entry visa in accordance with
Regulation (EC) No 539/2001 or, where appropriate, with
national law. For the purposes of this Directive, possession of
the valid residence card referred to in Article 10 shall exempt
such family members from the visa requirement.
So not even a stamp is allowed, however this section is widely unknown/ignored.2004/38/EC, Article 5 section 3 wrote:3. 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.
I refuse to believe that they don't know the law. i believe some IO (not all) do it deliberately just to try and give you a subtle reminder that even though you may have EEA residence cards you still aren't European at the end of the day. I know it may sound far fetched but i refuse to believe that up to now IO's don't know that passports with EEa residence cards aren't supposed to be stamped, they even have their own manuals stating so and i just can not believe that they don't know about this provision.Marco 72 wrote:Many thanks for your replies, especially ca.funke. Yesterday, when flying back to the UK from Vienna, my wife had a bad experience with an immigration officer at Heathrow (see this thread). In the end, she agreed to sign the landing card they had filled in for her, but we will be making a complaint about the officer and her supervisor.
This kind of thing has happened to us several times in the past..It's amazing how little UK immigration officers know about the law
It's true that the first immigration officer who dealt with my wife yesterday took an instant dislike to her - this was obvious from the way she talked to us and her body language. However, her supervisor seemed like a very nice, easy going guy, who just didn't know the rules.flames wrote:I refuse to believe that they don't know the law. i believe some IO (not all) do it deliberately just to try and give you a subtle reminder that even though you may have EEA residence cards you still aren't European at the end of the day. I know it may sound far fetched but i refuse to believe that up to now IO's don't know that passports with EEa residence cards aren't supposed to be stamped, they even have their own manuals stating so and i just can not believe that they don't know about this provision.
Marco 72 wrote:Why is it that as an EEA Family Permit holder she didn't need to, but now she does?Smallfamily wrote:Yes
Marco 72 wrote:According to this document, you are wrong.Smallfamily wrote:Yes
dasjoker wrote:I don't fill up landing card and I am holding EEA2 and i am also using EU Queue and so far no problem at all.Marco 72 wrote:According to this document, you are wrong.Smallfamily wrote:Yes
See guys you all said I was wrong but I wasn't I have heard recently that now EEA Family Permit holder does need to fill out a landing card
Your statement would be more credible if you say where you heard that.Smallfamily wrote: See guys you all said I was wrong but I wasn't I have heard recently that now EEA Family Permit holder does need to fill out a landing card
If we go by your thinking, then what is so difficult for an IO to let a non EU person with a residence card use the EU queue?, after all it's not like it's illegal for a person to do so.Punjab wrote:when i was coming to the UK through dunkirk, two times IO asked me to fill the landing card.
Guys its not a big deal to fill it. why to argue for a stupid piece of paper.
./....i understand it might be agaist the law to fill the landing card in some occasions but who cares at the end of the day its just a paper
I personally dont think that this has to do with your African origin. Any person in his/her position like as little variation (and as fewer problems as possible). Being on the EU queue she was hoping for a clamer ride, therefore your case took her off her routine. No more, I pressumeflames wrote: In October i was coming from an African country and i have an EEA2 residence card and i joined the EU line. The IO i encountered had been cheerfully greeting travellers untill my turn when i presented my passport with the residence card page open, then she had a sullen annoyed look on her face when she saw my citizenship at the back page. She then said to me aren't you supposed to be using the other queue (Non EU)....
Maybe you misunderstood me. I am not trying to say she acted that way because i am of African origin. I only mentioned the trip from Africa in my post because i wanted to give a bit of flesh to my post..... Otherwise i don't care about being greeted cheerfully or being given a plastic smile when i enter, i just prefer them to do their job and apply the law as it stands.a.s.b.o wrote:flames wrote: In October i was coming from an African country and i have an EEA2 residence card and i joined the EU line. The IO i encountered had been cheerfully greeting travellers untill my turn when i presented my passport with the residence card page open, then she had a sullen annoyed look on her face when she saw my citizenship at the back page. She then said to me aren't you supposed to be using the other queue (Non EU)..... Any person in his/her position like as little variation (and as fewer problems as possible). Being on the EU queue she was hoping for a clamer ride, therefore your case took her off her routine. No more, I pressumeI personally dont think that this has to do with your African origin
Not quite right, I know where you read this, but if you read it again it applies to those who come with no family permit. Even then, there is no basis in law for someone to fill one in.Jambo wrote:Your statement would be more credible if you say where you heard that.Smallfamily wrote: See guys you all said I was wrong but I wasn't :lol: I have heard recently that now EEA Family Permit holder does need to fill out a landing card :!:
There is a difference between EEA Family Permit and holders of RC or PR.
EEA Family Permit holders on their initial entry are required to fill in a landing card so a record of that person would be created in the UKBA system. Any entry afterwards, should not have the passport stamped or a landing card to be filled in.
You are right. I read it again and I got it wrong.EUsmileWEallsmile wrote: Not quite right, I know where you read this, but if you read it again it applies to those who come with no family permit. Even then, there is no basis in law for someone to fill.
I have to say I had to read it a couple of times before it was clear to me. It could be clearer.Jambo wrote:You are right. I read it again and I got it wrong.EUsmileWEallsmile wrote: Not quite right, I know where you read this, but if you read it again it applies to those who come with no family permit. Even then, there is no basis in law for someone to fill.