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BIOMETRICS/EEA RESIDENCE CARD

Posted: Tue Nov 20, 2012 9:18 pm
by Humanity
Does the Home Office require bio-metrics information (such as fingerprints) for eea residence card of EU dependents aswell? Not asking about permanent residence card. Thanks.

Re: BIOMETRICS/EEA RESIDENCE CARD

Posted: Tue Nov 20, 2012 9:59 pm
by Directive/2004/38/EC
Humanity wrote:Does the Home Office require bio-metrics information (such as fingerprints) for eea residence card of EU dependents aswell? Not asking about permanent residence card. Thanks.
No

Posted: Tue Nov 20, 2012 11:40 pm
by Humanity
Thanks.

Posted: Thu Nov 22, 2012 11:21 am
by fysicus
All EEA applications have to be made by post; it is not even possible to apply in person (except for the rather useless option of in person applications for EEA1 at Croydon).

Obviously you can't send biometric information by post, unless they secretly try to take fingerprints from the application form itself... :lol:

Posted: Thu Nov 22, 2012 11:24 am
by Jambo
fysicus wrote:All EEA applications have to be made by post; it is not even possible to apply in person (except for the rather useless option of in person applications for EEA1 at Croydon).

Obviously you can't send biometric information by post, unless they secretly try to take fingerprints from the application form itself... :lol:
PBS applications can also be made by post but then you are required to give biometrics in the post office....

Posted: Sat Dec 01, 2012 9:46 am
by Humanity

Posted: Sat Dec 01, 2012 10:34 am
by Jambo
This doesn't apply to applications under EEA regulations.

Posted: Sat Dec 01, 2012 10:58 am
by Directive/2004/38/EC
Jambo wrote:This doesn't apply to applications under EEA regulations.
I am surprised UKBA has not done this for RCs and PRCs

Posted: Sat Dec 01, 2012 2:20 pm
by fysicus
As long as there are no requirements for British nationals to have biometric identification, it will illegal to impose it on EU nationals and their family members.

There may also be a cost element involved, as (for the same reason) they cannot charge anything for EEA applications.

Posted: Sat Dec 01, 2012 2:37 pm
by Directive/2004/38/EC
fysicus wrote:As long as there are no requirements for British nationals to have biometric identification, it will illegal to impose it on EU nationals and their family members.
Except that they can require it from EEA FP applicants.

Posted: Sat Dec 01, 2012 2:42 pm
by EUspouse82
fysicus wrote:As long as there are no requirements for British nationals to have biometric identification, it will illegal to impose it on EU nationals and their family members.

There may also be a cost element involved, as (for the same reason) they cannot charge anything for EEA applications.

That's odd because NON EU applicants for the EEA residence cards in the Republic of Ireland have always been required to have their fingerprints taken and stored.

Posted: Sun Dec 02, 2012 3:30 am
by ahmad_785
so can we get a simple ans
is it yes for eaa2 applicants or no?do we need biometric for eea2 now?

Posted: Sun Dec 02, 2012 3:47 am
by Directive/2004/38/EC
None of the in-UK applications require any sort of biometrics at this point

Posted: Sun Dec 02, 2012 9:34 am
by frei
Here in Germany I had to supply my finger prints to get my residence card. Does that mean the German immigration had done something illegal ? I would think not as this process is widely performed in almost all the EU states now, could they almost be wrong as well?

Posted: Sun Dec 02, 2012 10:46 pm
by Directive/2004/38/EC
frei wrote:Here in Germany I had to supply my finger prints to get my residence card. Does that mean the German immigration had done something illegal ? I would think not as this process is widely performed in almost all the EU states now, could they almost be wrong as well?
It is a very good question.

Posted: Mon Dec 03, 2012 12:02 am
by aledeniz
Directive/2004/38/EC wrote:
frei wrote:Here in Germany I had to supply my finger prints to get my residence card. Does that mean the German immigration had done something illegal ? I would think not as this process is widely performed in almost all the EU states now, could they almost be wrong as well?
It is a very good question.
Last time I renewed my Italian passport, they did get my index finger prints. My understanding is that this is a requirement for every passport applicant (over 12 y.o.) who is applying after the 28th June 2010.

I understand Germany introduced this requirement the 1st November 2007, France the 16th June 2009, Spain in October 2009, and so on.

I am not an expert on the subject, but I sort of remember in Italy the news were quoting some EU regulation for Schengen countries only as responsible for the introduction of such requirement.

I suppose once your citizens must provide finger prints, other EU citizens could be requested to do so as well without any discrimination issue.

Posted: Mon Dec 03, 2012 2:44 pm
by Directive/2004/38/EC
aledeniz wrote:Last time I renewed my Italian passport, they did get my index finger prints. My understanding is that this is a requirement for every passport applicant (over 12 y.o.) who is applying after the 28th June 2010.

I understand Germany introduced this requirement the 1st November 2007, France the 16th June 2009, Spain in October 2009, and so on.
I am pretty sure the finger prints are optional for the German passport. They are also only stored in the passport itself, and not in a database.

Posted: Mon Dec 03, 2012 7:24 pm
by aledeniz
Directive/2004/38/EC wrote: I am pretty sure the finger prints are optional for the German passport. They are also only stored in the passport itself, and not in a database.
I have read in some countries these were initially optional, but then were made mandatory. I wouldn't put my hand over the fire about it, but I understand that's the case of Germany, whose only passports issued to adults without finger prints are the temporary ones.

The Italian approach about privacy: you give your finger prints, they send them automatically to the HO central data service in Rome, where your finger prints are checked against the police central database, if no match and no bells ringing also for the other personal data you supplied, a nihil obstat response is sent to the peripheral office which then issue you the passport, while they state they will not hold your finger prints for long afterwards.
They gave me the passport in 15 minutes, but they advised me that if the response is late, also for technical reasons, they don't issue the passport.

I've heard complaints from Italian citizens who were complaining why the police aren't officially saving those finger prints in a central database.

Posted: Mon Dec 03, 2012 7:46 pm
by fysicus
Directive/2004/38/EC wrote:
aledeniz wrote:Last time I renewed my Italian passport, they did get my index finger prints. My understanding is that this is a requirement for every passport applicant (over 12 y.o.) who is applying after the 28th June 2010.

I understand Germany introduced this requirement the 1st November 2007, France the 16th June 2009, Spain in October 2009, and so on.
I am pretty sure the finger prints are optional for the German passport. They are also only stored in the passport itself, and not in a database.
You seem to be unusually ill-informed in this discussion, Directive.
Fingerprints in all Schengen-passports are mandatory for quite a few years already.
There is only in some countries still discussion on whether they can be stored in a central database as well, not only on the chip in the passport.

Posted: Mon Dec 03, 2012 9:04 pm
by EUspouse82
fysicus wrote:
Directive/2004/38/EC wrote:
aledeniz wrote:Last time I renewed my Italian passport, they did get my index finger prints. My understanding is that this is a requirement for every passport applicant (over 12 y.o.) who is applying after the 28th June 2010.

I understand Germany introduced this requirement the 1st November 2007, France the 16th June 2009, Spain in October 2009, and so on.
I am pretty sure the finger prints are optional for the German passport. They are also only stored in the passport itself, and not in a database.
You seem to be unusually ill-informed in this discussion, Directive.
Fingerprints in all Schengen-passports are mandatory for quite a few years already.
There is only in some countries still discussion on whether they can be stored in a central database as well, not only on the chip in the passport.
You are right but this has nothing to do with EEA applications though, Passport applications are not under the jurisdiction of EU laws- they are national issues.

The question here is does a member country have the legal right to biometric information from EU nationals and their family members if they are making EU treaty right specific applications? If they are not mandated to take finger prints from EU citizens for these applications, then I suppose it would be unlawful to demand that their family members take one because it ridicules the right they have inherited as family members.

Posted: Mon Dec 03, 2012 10:05 pm
by frei
EUspouse82 wrote:
fysicus wrote:
Directive/2004/38/EC wrote:
aledeniz wrote:Last time I renewed my Italian passport, they did get my index finger prints. My understanding is that this is a requirement for every passport applicant (over 12 y.o.) who is applying after the 28th June 2010.

I understand Germany introduced this requirement the 1st November 2007, France the 16th June 2009, Spain in October 2009, and so on.
I am pretty sure the finger prints are optional for the German passport. They are also only stored in the passport itself, and not in a database.
You seem to be unusually ill-informed in this discussion, Directive.
Fingerprints in all Schengen-passports are mandatory for quite a few years already.
There is only in some countries still discussion on whether they can be stored in a central database as well, not only on the chip in the passport.
You are right but this has nothing to do with EEA applications though, Passport applications are not under the jurisdiction of EU laws- they are national issues.

The question here is does a member country have the legal right to biometric information from EU nationals and their family members if they are making EU treaty right specific applications? If they are not mandated to take finger prints from EU citizens for these applications, then I suppose it would be unlawful to demand that their family members take one because it ridicules the right they have inherited as family members.
Simple answer would be YES, there was a document previously made available on a thread on this website, where an applicant had sought the reasoning of the EU commission on Ireland taking finger prints of applicant applying for entry visa under EU law.

I could still remember if not all but part of the statement and in summary the commission concluded that if a member states deem fit, for security precautions that requesting applicants to supply their finger prints would not be in breach of the EU law.

Posted: Mon Dec 03, 2012 11:06 pm
by Directive/2004/38/EC
fysicus wrote:You seem to be unusually ill-informed in this discussion, Directive.
I assume this is a compliment! And thank you!

Posted: Tue Dec 04, 2012 2:57 am
by frei
EUspouse82 wrote:.

You are right but this has nothing to do with EEA applications though, Passport applications are not under the jurisdiction of EU laws- they are national issues.

The question here is does a member country have the legal right to biometric information from EU nationals and their family members if they are making EU treaty right specific applications? If they are not mandated to take finger prints from EU citizens for these applications, then I suppose it would be unlawful to demand that their family members take one because it ridicules the right they have inherited as family members.
Just again to clarify a EU citizen does not need to make any significant EU treaty rights application nowadays, just a registration so the question of collecting a finger prints from an EU citizen would never arise in the first place, it is the family members only who will need the confirmation of rights and might need to supply this information

Posted: Tue Dec 04, 2012 1:50 pm
by Directive/2004/38/EC
fysicus,

You are right. A recent German court case says that fingerprints are required for passports.

Although there is some other discussion, that I clearly do not understand, about freiwillig abgabe of fingerprints....

Posted: Tue Dec 04, 2012 7:43 pm
by sheraz7
http://www.ukba.homeoffice.gov.uk/sitec ... ber/60-brp

According to this ukba news that comes under the section of European Nationals clearly gives sense that from 1st December, 2012 the NON-EEA applicants applying the visas more than 6 months including EEA2 RC will require their biometric enrollment.

Note:
We should not mix the other countries for this thread as it make the situation more confused for the readers.