EEA Family Permits and TB Testing

Post by **EUsmileWEallsmile** » Sun Apr 01, 2012 10:46 am

Has anyone been asked to provide a TB test certificate when applying for an EEA family permit recently? I've no particular reason for asking other than curiosity.

Post by **EUsmileWEallsmile** » Sun Apr 01, 2012 10:47 am

Link to document on UKBA website affects applicants from certain countries.

http://www.ukba.homeoffice.gov.uk/polic ... e/ecg/med/

Post by **Directive/2004/38/EC** » Wed Apr 04, 2012 9:32 am

Super question.

MED2.3 Who is exempt from needing a TB certificate?

The following are exempt from the requirement:

holders of diplomatic passports travelling on official business or on a posting;
children under 11 years old;
returning residents;
Certificate of Entitlement holders.
EEA family permit applicants are NOT exempt from the testing requirement.

MED2.5 Who is TB tested free of charge?

At Post's discretion, FCO funded scholars (eg Chevening). The use of this discretion should be very limited. In some cases the organisation offering the scholarship may wish to pay for the applicant's TB test. This should be arranged between the applicant and the organisation offering the scholarship.

A limited number of applicants in other categories who are entitled to gratis visas for whom Posts want also to provide gratis TB screening. See ECB6.6 and ECB6.7 for guidance on gratis visas.

If Post decides to offer a gratis test to any applicant they are responsible for covering the costs and paying IOM. The UK Border Agency is not able to reimburse Post.

I am also curious about the TB XRays they do for arriving passengers at Heathrow.

Post by **EUsmileWEallsmile** » Wed Apr 04, 2012 5:24 pm

I would love to hear from someone who has direct experience at a VAC.

Post by **EUsmileWEallsmile** » Mon Apr 09, 2012 10:43 am

Directive/2004/38/EC wrote:Super question.
MED2.3 Who is exempt from needing a TB certificate?

The following are exempt from the requirement:

holders of diplomatic passports travelling on official business or on a posting;
children under 11 years old;
returning residents;
Certificate of Entitlement holders.
EEA family permit applicants are NOT exempt from the testing requirement.

MED2.5 Who is TB tested free of charge?

At Post's discretion, FCO funded scholars (eg Chevening). The use of this discretion should be very limited. In some cases the organisation offering the scholarship may wish to pay for the applicant's TB test. This should be arranged between the applicant and the organisation offering the scholarship.

A limited number of applicants in other categories who are entitled to gratis visas for whom Posts want also to provide gratis TB screening. See ECB6.6 and ECB6.7 for guidance on gratis visas.

If Post decides to offer a gratis test to any applicant they are responsible for covering the costs and paying IOM. The UK Border Agency is not able to reimburse Post.

I am also curious about the TB XRays they do for arriving passengers at Heathrow.

Has anyone been requested to submit to a TB X-Ray when entering under EU route?

Post by **EUsmileWEallsmile** » Wed Apr 18, 2012 9:01 pm

At least one example of a person being required to provide a TB cert

http://www.immigrationboards.com/viewto ... c&start=20

Post by **Directive/2004/38/EC** » Wed May 09, 2012 10:31 am

This is an interesting FOI request answer. http://www.whatdotheyknow.com/request/7 ... OI%201.pdf

Note that the say that only people subject to immigration controls can be required to do TB tests. That differs from the UKBA web site referenced earlier.

Post by **EUsmileWEallsmile** » Wed May 09, 2012 7:50 pm

Prior to the Metock watershed, the UK required applicants from outside the EU to satisfy certain conditions of the immigration rules (except related to entry clearance - never really understood what that particular sentence meant).

Did Metock change anything relating to TB testing (I suspect quite possibly that it did)?

Post by **EUsmileWEallsmile** » Sun May 13, 2012 7:19 pm

Another poster from Pakistan asked to submit TB cert.

http://www.immigrationboards.com/viewtopic.php?t=102534

Post by **EUsmileWEallsmile** » Thu Sep 20, 2012 9:18 pm

Another...

http://www.immigrationboards.com/viewto ... 283#709283

Post by **Directive/2004/38/EC** » Sun Sep 23, 2012 7:57 am

http://www.whatdotheyknow.com/request/t ... ing-311085 seems to be a partial answer to an FOI request of UKBA

Post by **Jambo** » Sun Nov 04, 2012 11:02 am

And another one from Thailand.

http://www.immigrationboards.com/viewtopic.php?p=730585

Post by **EUsmileWEallsmile** » Mon Dec 17, 2012 9:08 pm

UKBA have updated their website and it now says the following about TB testing.

http://www.ukba.homeoffice.gov.uk/polic ... e/ecg/med/

MED2.3 Who is exempt from needing a TB certificate?

An applicant applying for an EEA family permit is not required to produce a certificate showing them free from active pulmonary TB as EEA family permits are valid for six months.

southern palm · Post by **southern palm** » Tue Dec 25, 2012 11:30 pm

EUsmileWEallsmile wrote:Has anyone been asked to provide a TB test certificate when applying for an EEA family permit recently? I've no particular reason for asking other than curiosity.

yes am from kenya and my son and daughter were asked for TB testing when applying an EEA family permit in 2011

Post by **EUsmileWEallsmile** » Wed Dec 26, 2012 10:28 am

southern palm wrote:
EUsmileWEallsmile wrote:Has anyone been asked to provide a TB test certificate when applying for an EEA family permit recently? I've no particular reason for asking other than curiosity.
yes am from kenya and my son and daughter were asked for TB testing when applying an EEA family permit in 2011

UKBA updated their website and are no longer claiming that EEA family permit applicants are required to have TB test.

jutt_don · Post by **jutt_don** » Mon Jan 21, 2013 8:38 pm

EUsmileWEallsmile wrote:
southern palm wrote:
EUsmileWEallsmile wrote:Has anyone been asked to provide a TB test certificate when applying for an EEA family permit recently? I've no particular reason for asking other than curiosity.
yes am from kenya and my son and daughter were asked for TB testing when applying an EEA family permit in 2011
UKBA updated their website and are no longer claiming that EEA family permit applicants are required to have TB test.

thks for reply jrge ur very helpful. i went today to submit my application today at gerrys lahore pakistan centre.but they refused to take my application because i dont have that TB clearence certificate and i argue with them about it and they said i must bring it if i wana submit my application so i came back home and make a print of http://www.ukba.homeoffice.gov.uk/polic ... e/ecg/med/
in which is clearly says in MED2.3 that a person who is applying for EEA permit dont need to hab TB tested. and i went back with this print but they still argue with me about it and diddnt accept my application and sent me back after telling me at this time the british embassy is closed so we will call you morning and will inform you wot we will do with you. soo if you please help me with this wot to do.

Post by **Directive/2004/38/EC** » Mon Jan 21, 2013 10:47 pm

See also the first two paragraphs of Annex A in http://www.whatdotheyknow.com/request/1 ... report.pdf

Annex A – UKBA revised response

The screening is conducted under immigration legislation, primarily paragraphs
36 and 39 of the Immigration Rules. People who are not subject to immigration
control in accordance with immigration legislation are not subject to TB
screening. These paragraphs allow for Entry Clearance Officers (Visa officers)
and Border Force Officers to require a medical examination of anyone seeking to
enter the UK. The specific rules at paragraph A39 provide powers for screening
in high incidence countries where an applicant intends to stay in the UK for over
six months. The rules outline the need for an applicant to present a certificate of
screening when an entry clearance application is made, set out where pre-entry
screening is required and the details of the physicians who may issue such a
certificate.

Any applications for an EEA family permit would be considered in line with the
Immigration (European Economic Area) Regulations 2006, as amended. There is
no general requirement for such applicants to undertake TB screening, although
screening may be required in certain limited circumstances where there are good
reasons for concern as to public health.

Post by **EUsmileWEallsmile** » Tue Jan 22, 2013 7:53 pm

You can complain directly to UKBA about the mis-advice Gerry's have been disseminating.

jutt_don · Post by **jutt_don** » Sat Feb 23, 2013 12:16 pm

EUsmileWEallsmile wrote:You can complain directly to UKBA about the mis-advice Gerry's have been disseminating.

thanks for your help. i finally got the eea family permit. so hopfully going uk on 5th march.
and now what is the next step after i reach there. what i need to apply EEA1 or EEA2? and my wife in uk is polish national but she got indefinite visa.
and how long i have to wait before i can apply any? and what are the requirments for that?
thanks alooot again

Post by **EUsmileWEallsmile** » Sat Feb 23, 2013 8:26 pm

Did you complain about the TB test to anyone? Did you get anywhere with that?

A contributor has made this very useful series of posts, the answers to your questions should be there.

http://www.immigrationboards.com/viewtopic.php?t=114867

jutt_don · Post by **jutt_don** » Sat Feb 23, 2013 9:16 pm

EUsmileWEallsmile wrote:Did you complain about the TB test to anyone? Did you get anywhere with that?

A contributor has made this very useful series of posts, the answers to your questions should be there.

http://www.immigrationboards.com/viewtopic.php?t=114867

thks for reply. no didnt complain abt it. bcoz that day when i argue with them they were behaving really rude with me but before i left them i told them that im gona complain in european comission abt you. so the next morning they call me and ask me to come and submit my case and they were saying please come today without any appointment and submit case otherwise they can be in trouble.

Post by **EUsmileWEallsmile** » Sat Feb 23, 2013 9:35 pm

UKBA guidance is pretty clear, no TB test for EEA family member applications. If you choose not to complain, nothing will change. A complaint can simply point out mis-application of the rules - nobody need get into any trouble.

jutt_don · Post by **jutt_don** » Sun Feb 24, 2013 1:43 pm

can i travel to uk with oneway ticket on EEA family permit.?

jutt_don · Post by **jutt_don** » Sun Feb 24, 2013 1:45 pm

EUsmileWEallsmile wrote:UKBA guidance is pretty clear, no TB test for EEA family member applications. If you choose not to complain, nothing will change. A complaint can simply point out mis-application of the rules - nobody need get into any trouble.

ur rite so how can i make a complain and where?

Watandar · Post by **Watandar** » Sun Feb 24, 2013 3:00 pm

I am going to Afghanistan in March to marry and my Afghan fiancee will apply the documents in April. I am trying to contact IOM office in Kabul and Islamabad to ask if TB testing can also be done in Kabul because my fiancee lives there and otherwise she has to travel to Islamabad. But They do not answer my e-mails and my phone calls.

I also contacted IOM office in the Netherlands (I am a Dutch national) and asked them about the possibility of doing TB testing in Kabul but they answered my by saying ''We did not know IOM was involved in TB testing''.

UKBA should really find a more trustworthy partner.

Some of you might say ''There is no need to provide a TB certificate but I think its good to have one just to avoid deplay and problems.

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