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EEA nationals and family members are exempt from control?

Forum to discuss all things Blarney | Ireland immigration

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GridIron
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EEA nationals and family members are exempt from control?

Post by GridIron » Tue Jul 07, 2009 5:14 pm

According to the UK Border Agency, EEA nationals and family are exempt from control under immigration rules.


http://www.ukvisas.gov.uk/en/ecg/eunati ... anationals

EUN1.9 Are EEA nationals exempt from immigration control?

EEA nationals and their family members are exempt from control under the Immigration Rules. Diplomats and officials of EEA countries are exempt from immigration control. Their travel documents are not endorsed.


Can someone please confirm if this is really the case, as there appears to be quite a bit of conflicting information on this website regarding personal experiences people have had.

For the record, I am a non-EEA National whose spouse is a UK citizen, planning to make a 2-day trip to the UK sometime in August.

ciaramc
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Post by ciaramc » Wed Jul 08, 2009 10:13 am

I can't believe that the British are actually going to do this? Exemption from immigration control?

Sounds fantastic though??? But will it really be put into practice!

86ti
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Re: EEA nationals and family members are exempt from control

Post by 86ti » Wed Jul 08, 2009 10:47 am

GridIron wrote:EEA nationals and their family members are exempt from control under the Immigration Rules.
Yes, because they are subject to the UK EEA regulations. Why do you think that would be of benefit do you?

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Wed Jul 08, 2009 12:31 pm

It is correct, but be careful - it may not mean what you think it means.

It means you can get married in the UK without permission of the Home Office. It does not mean that nobody will check your passport at the airport.

Are you travelling from Ireland to the UK? What sort of residence permit or Residence Card do you have in Ireland?

GridIron
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Post by GridIron » Wed Jul 08, 2009 5:37 pm

Directive/2004/38/EC wrote:It is correct, but be careful - it may not mean what you think it means.

It means you can get married in the UK without permission of the Home Office. It does not mean that nobody will check your passport at the airport.

Are you travelling from Ireland to the UK? What sort of residence permit or Residence Card do you have in Ireland?
Thanks for your response.
I am in possesion of an EU4FAM Residence Card, issued on the basis of 5 year residency in Ireland.

I have read the requirements for an 'EEA family permit' but remain unsure if this is really needed for a 2-day trip.

Any further thoughts?

http://www.ukba.homeoffice.gov.uk/eucit ... sibilites/

Family members who are not EEA or Swiss nationals
If your family members are not EEA or Swiss nationals and they are coming to live with you permanently or on a long-term basis, they will need to apply for an EEA family permit before coming to the United Kingdom. The EEA family permit is similar to a visa and is issued by Visa Services. Your family members should apply for an EEA family permit at their nearest British diplomatic post

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Thu Jul 09, 2009 8:53 am

Good spot! Very interesting.

Are you going to be travellling with your EU family member?

86ti
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Post by 86ti » Thu Jul 09, 2009 9:09 am

GridIron wrote:I have read the requirements for an 'EEA family permit' but remain unsure if this is really needed for a 2-day trip.
The Family Permit is also needed for short term stays. The only other option would be to apply for a visitor visa. See http://www.ukvisas.gov.uk/en/ecg/eunati ... t#15391463 and http://www.opsi.gov.uk/si/si2006/20061003.htm#12

ca.funke
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Post by ca.funke » Thu Jul 09, 2009 9:13 am

GridIron wrote:...if this is really needed for a 2-day trip...
Hi GridIron,

the other day I wrote >>this<< post, which pretty much contains what you need to know.

Sorry for the horrible tone of the other post, not usually my style.

Regards, Christian :)

GridIron
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Post by GridIron » Thu Jul 09, 2009 10:07 am

ca.funke wrote:
GridIron wrote:...if this is really needed for a 2-day trip...
the other day I wrote >>this<< post, which pretty much contains what you need to know.

Sorry for the horrible tone of the other post, not usually my style.

Regards, Christian :)
Thanks for the invaluable input provided here, ca.funke.

86ti, I take your point also, since 'EUN2.14 Can family members of British citizens qualify for an EEA family permit? ('Surinder Singh' cases)' appears to contradict my initial post:

"Because EEA nationals have an initial three months right of residence in the UK, there is no requirement for the British national to be a qualified person on arrival. Therefore, an EEA family permit can be issued to the non-EEA national family member of a British national even if they are only visiting the UK with the British national before returning to the Member State where they are resident."

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Thu Jul 09, 2009 10:15 am

GridIron, Where did that last paragraph quote come from?

GridIron
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Post by GridIron » Thu Jul 09, 2009 2:53 pm

Directive/2004/38/EC wrote:GridIron, Where did that last paragraph quote come from?
http://www.ukvisas.gov.uk/en/ecg/eunati ... t#15391463

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