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Enter UK with Article 10
Posted: Tue Sep 20, 2016 10:37 pm
by rohangk_83
I travelled last week with my non-Eu wife and mother from France to Uk after completing Surinder Singh route. I am British and was living in France. My mother and wife had residence card in France as family member of eu citizen under Diective 2004/38/Ec. None of them had Eea Fp.
There was no question from the airline. We arrived at the border where I was expecting some resistance and was prepared to argue my case but surprisingly that was smooth too. However their passports have not been stamped at all! I read somewhere that passport of article 10 residence card holders shouldn't be stamped as they come under Eu free movement.
Iam left wondering if no entry stamp on their passport could be an issue as I am looking to file their Eea2 residence card.
Re: Enter UK with Article 10 - Should I email Immigration fi
Posted: Tue Sep 20, 2016 11:38 pm
by gillacious_505
Many congratulations.
Yes even I have read somewhere that it shouldn't be stamped, but so far almost everyone have got their passport stamped.
It shouldn't be a problem. Just attached all your boarding passes when your wife and mother apply for RC.
With regards to your story. Can you share some details.
For how long did you stay in France. ?
Was any questions asked to you, your mother or your wife.?
Re: Enter UK with Article 10
Posted: Tue Sep 20, 2016 11:57 pm
by noajthan
rohangk_83 wrote:However their passports have not been stamped at all! I read somewhere that passport of article 10 residence card holders shouldn't be stamped as they come under Eu free movement.
Iam left wondering if no entry stamp on their passport could be an issue as I am looking to file their Eea2 residence card.
You probably read it here:
https://www.whatdotheyknow.com/request/ ... ndents.pdf
Re: Enter UK with Article 10
Posted: Wed Sep 21, 2016 12:21 am
by Richard W
Judging by its date (2011), I believe the only residence cards that version acknowledges are those issued by the UK. It doesn't even mention the once-privileged status of German and Estonian EEA residence cards.
I'd put my money on Article 5(3) of Directive
2004/38/EC:
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.
Re: Enter UK with Article 10
Posted: Wed Sep 21, 2016 12:26 am
by noajthan
Richard W wrote:
Judging by its date (2011), I believe the only residence cards that version acknowledges are those issued by the UK. ...
...
Sigh.
The reference was to
"stamping passports" - nothing else.
Its an
example of type of document. An exemplar; so who cares which version.
I'm applying broad strokes here - taking account of prevailing weather and driving conditions; and attention span of readers.
All after performing cost-benefit analysis for level of granularity worth investing in a particular post.