Ammendment to Immigration EEA Regulations 2006

[EUsmileWEallsmile]

...and the daft thing is that if they got a border, they would have to be left in...

...and an airline would not be fined if they were let in...

But, an airline will be told not to let them board.

[mEEA]

I am lost again :-)

I did not ask about non-visa nationals, but visa nationals residing in EU (out of UK) and having a non-UK family permit. Can these people enter UK without applying for an Entry Clearance?

Enter? Yes, if they can get to the border (or the Eurostar train station/ferry port).

However, the UK only recognise their own permits so a non-visa national with a non-UK RC will find it difficult to board on a flight to the UK. He will require a UK issued Family Permit.

So a UK family permit is needed to approach UK and one has to go to a visa post and apply for a UK Family Permit.

Thanks :-)

[mEEA]

...and the daft thing is that if they got a border, they would have to be left in...

...and an airline would not be fined if they were let in...

But, an airline will be told not to let them board.

This a "beautiful" criminal act :-)

[telephone]

...and the daft thing is that if they got a border, they would have to be left in...

...and an airline would not be fined if they were let in...

But, an airline will be told not to let them board.

I'm confused now -sorry - but hopeful!

UK National marries Visa national.
Visa national (wife) arrives at UK border, with passport from her visa required country and their marriage certificate (and with UK Husband, if necessary.

Does she get in or turned away please?

Really appreciated .. and biting nails!

[EUsmileWEallsmile]

...and the daft thing is that if they got a border, they would have to be left in...

...and an airline would not be fined if they were let in...

But, an airline will be told not to let them board.

I'm confused now -sorry - but hopeful!

UK National marries Visa national.
Visa national (wife) arrives at UK border, with passport from her visa required country and their marriage certificate (and with UK Husband, if necessary.

Does she get in or turned away please?

Really appreciated .. and biting nails!

The case you quote would not be under the terms of the EEA immigration regulations, but the UK immigration rules.

[telephone]

...and the daft thing is that if they got a border, they would have to be left in...

...and an airline would not be fined if they were let in...

But, an airline will be told not to let them board.

I'm confused now -sorry - but hopeful!

UK National marries Visa national.
Visa national (wife) arrives at UK border, with passport from her visa required country and their marriage certificate (and with UK Husband, if necessary.

Does she get in or turned away please?

Really appreciated .. and biting nails!

The case you quote would not be under the terms of the EEA immigration regulations, but the UK immigration rules.

OK, yes, that makes sense.

Am I able to ask here what the answer would be under UK immigration rules, please?

[EUsmileWEallsmile]

...and the daft thing is that if they got a border, they would have to be left in...

...and an airline would not be fined if they were let in...

But, an airline will be told not to let them board.

I'm confused now -sorry - but hopeful!

UK National marries Visa national.
Visa national (wife) arrives at UK border, with passport from her visa required country and their marriage certificate (and with UK Husband, if necessary.

Does she get in or turned away please?

Really appreciated .. and biting nails!

The case you quote would not be under the terms of the EEA immigration regulations, but the UK immigration rules.

OK, yes, that makes sense.

Am I able to ask here what the answer would be under UK immigration rules, please?

Please don't even think about trying this. Get a visa.

[Obie]

For the benefit of those who still make reference to this thread.

This is the latest changes to the EEA regulation.

[Obie]

Consolidated EEA Regulations i did myself. perhaps you guys might find it helpful as there are lots of bits around.

[el patron]

Fantastic Obie, really helpful!

[pads]

Thanks Obie really helpful.

Just a quick question about Benefits though, Am I correct in assuming that people with zambrano rights are now excluded from claiming any benefits.

Love pads x

[sarahassy]

Thanks Obie really helpful.

Just a quick question about Benefits though, Am I correct in assuming that people with zambrano rights are now excluded from claiming any benefits.

Love pads x

They are not excluded,they receive all benefits apart from income support,jobseeker's.

[Obie]

They are not excluded from any benefit, so long as they meet the conditions for obtaining it.

This was confirmed in this Court of Appeal Judgement.

Once transcript is available i will post it.

In furture guy, please send you query to the Zambrano thread. This thread is not on Zambrano, but changes to UK EEA regulations.

[eldane]

...and the daft thing is that if they got a border, they would have to be left in...

...and an airline would not be fined if they were let in...

But, an airline will be told not to let them board.

This is why I have sent an email to UKBA Carriers Liaison Section at UKBAIGRALONCLS@homeoffice.gsi.gov.uk and a whatdotheyknow.com FOI http://www.whatdotheyknow.com/request/a ... ith_no_eea

---------------------------------------------------------------
Good afternoon,

Can you please confirm your stance i.e if you will approve the a traveller to travel to the UK from non EU port in the following scenario.

• A EEA national with permanent residence card and a qualified worker in the UK turns up to check in at a non EU airport with his/hers visa national spouse
• They are travelling together to the UK
• The visa national has no EEA family permit as expect to receive a Code 1A stamp at UK landing port
• Brings

• o the EU national passport
  o EU national permanent resident card issued by UKBA and presents this with the passport
  o The spouses’ non EU national passport (visa national)
  o Marriage certificate issued in the country of departure with an apostille and a translation of said marriage certificate into English
  o 3 months of payslips from the EU nationals employment in the UK
  o Non EU national spouse has a valid Schengen visa for 90 days

Will you allow the non EU passenger travel with his/her EU spouse?

I am asking this as according to Airlines TIMATIC database they are to confirm the traveller holds an EEA family permit yet the UK gives the following guidance to its border guards in Border Force Operations Manual - EEA Nationals & their Dependents http://dl.dropbox.com/u/27885818/UK/Bor ... ndents.pdf. Note that the following quoted section is about family members of EEA citizens who do not have a required UK issued EEA family permit, or a Residence Card, or even possibly have no passport:
5.5 Procedures when no EEA family permit or residence card is held
5.5.1 Admission of family members who are unable to produce a valid passport, family permit or residence card
Border Force officers will need to assess whether or not a person qualifies for admission under the EEA Regulations in the above situations. Ports should take particular note of the guidance on those who seek admission under the extended family member provisions as dependents relatives and as family members of an EEA national with whom they have a “durable relationship” (unmarried partner); the relevant criteria in Part 8 of the Rules (excluding entry clearance) should be used to make a decision on whether or not to admit under EEA Regulations. Unlike immediate family members the EEA Regulations allow for an “extensive examination of the personal circumstances” of extended family members.
5.5.2 Seeking admission at port
Applicants at port should be treated as persons seeking admission unless reference is made to applying for a residence card. Admission will fall into one of the following:
• Produces satisfactory evidence on arrival — The person should be admitted for 6 months on a Code 1A . Complete landing card.
• Is unable to produce satisfactory evidence on arrival — The person should be given “every reasonable opportunity” to prove by other means that he is the family member of an EEA national; a person should not automatically be refused admission as a result of not being able to produce adequate evidence. As a guide within a week of arriving at port should be adequate; ports can consider refusing admission at this point, unless the situation suggests more time is needed.
• Submits an application for admission post arrival
A letter from Damien Green (Minister of Immigration in Britain) makes this clear https://dl.dropbox.com/u/27885818/UK/le ... reeEEA.pdf:
Under Regulation 11, the family member of an EEA national must be admitted to the UK if he or she produces on arrival a valid passport and an EEA family permit, a UK issued residence card or permanent residence card, or if he or she is able to prove the family relationship by other means.
It is therefore not compulsory for family members of EEA nationals to obtain an EEA family permit before travelling to the UK, and UK Border Agency officers will consider any evidence presented by passengers arriving at the UK border that they are entitled to be admitted as a family member of an EEA national in accordance with regulation 11 (4) This is the paragraph which implements MRAX European Court of Justice]. Nevertheless, it is strongly recommended that family members obtain an EEA Family Permit, which are issued free of charge, before travelling in order to facilitate their entry to the UK.

[wiggsy]

your FOI might not be sucessful - it provides an hypothetical situation. - HMRC didnt say whether my wifes NI conts would be made or not - if claiming child benefit - and refered me to DWP... DWP refered me to HMRC in the first place... - lol...

however: we are getting her nino on the 20th feb (hopefully no problems) and will get the CB claim in her name before the end of the month - at least when she has nino and right to work, the cb should technically make ni conts (for jsa/esa/w.e. else etc)

[vinny]

See also Amendment to EEA regulations on worker status and job seeking.

[Obie]

See further amendment to the EEA Regulation.

Tough day ahead for any EEA national or their family member who will dare to infringe the law of the UK .

[Amber]

We could do with a synopsis of the new rules.

[Obie]

Certainly.

Perhaps you can assist with that.

I am a bit occupied at present, but could do something by weekend.

[Amber]

I'll have a look into it, see what's changed.

[el patron]

Seems EEA deportation appeals are to become non-suspensive

[fatimahh]

[b]New regulation 29AA (temporary admission in order to submit case in person)[/b] what the hecck is that? so people should pay ticket to come for court and then be remove and if they need to come back go through the same process again and again pffff

[Obie]

FURTHER AMENDMENT TO THE EEA REGULATION FOR JOBSEEKER, coming into effect from the 10th November.

[ruona]

Hello everyone.i m so sorry for posting here,cos I dnt know where to post my question.please I need someone to help me.
i need your help pls.i got my deriavative residence card in september this year base on zambrano which they granted me 5years.the issue is that i applied for child tax credit and child benefit and income support cos I my child is six months old and I can't go back to work now..i have been awarded child tax credit and income support.but just got a letter today that i am not entitle to child benefit.here is what is written in the letter.

you are not entitle to child benefit for dd because you cannot be treated as being in great britain or nothern ireland.This is because your only right to reside in united kingdom exist solely because you are the primary carer of a british national child or Qualifying young person age under 18 who is resident in the united kingdom,and who would be unable to reside in the united kingdom or any other EEA member state where you required to leave the united kingdom.
SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS ACT 1992,SECTION 146[2],CHILD BENEFIT[GENERAL]REGULATION 2006,REGULATION 23
if you want more information about our decision,please phone or write to us.
IF you still think our decision is wrong,you or someone who has the authority to act for you can appeal to an independent tribunal.If you want to appeal,you must do so within one month of the date of this letter.you must appeal in writing and send it to her majesty,s courts and tribunals service [HMCTS].

I am so confuse ,i dont even know what to use to back this appeal that is why i came here for help .pls help me. i cant afford lawyer now.your advise will be much appreciated.
thanks in advance

[tmonaghan]

"Also important is changes to Reguation 4(4). Caseworker will no longer be able to reject applications under the Self-Sufficiency provision on the basis that the person does not hold resource higer than the maximum a UK national has to hold before being qualified for public fund assistance. They will be oblidge to look at all the circumstance in the case."

The requirement surely the for self-sufficiency provision sourced from the parnter/Spouce cannot be higher than £18,600 per year?

I am providing financial support to my partner for him to be self-sufficient based on an annual income of £28000...

For as long as it covers all the bills, rent and food expenses and sometimes a return flight ticket back home for him for a business trip for a few months; should be considered enough...