NON EU first arrival, get Passport stamped or not?

[Salem]

Hi,

My Wife will be arriving in the UK with me next Month, on EEA FP, already received. I am an EU National, living and working in London for many Years.

I have read that my Wife will not get her Passport stamped on arrival, but i have also read that it is better that she does for proof of the date she arrived.

So my question is, is it better to get her Passport stamped, and if so, can i just ask for it to be done if it's not, on arrival?

Thanks in advance.

[sum1]

Stamping of passports is standard procedure but can't legally be done in certain circumstances only e.g. EU passport or Residence Card holders. Having an EEA FP is no reason why the passport couldn't be endorsed. It would probably be quite unusual if it didn't happen.

[Directive/2004/38/EC]

Stamping of passports is standard procedure but can't legally be done in certain circumstances only e.g. EU passport or Residence Card holders. Having an EEA FP is no reason why the passport couldn't be endorsed. It would probably be quite unusual if it didn't happen.

I think UKBA is pretty clear that family members of EU citizens who have an EEA FP should not be stamped. But not all border guards know the policy.

[sum1]

The Border Force Operations Manual (in point 5) clearly allows the stamping of EEA FP holders' passports until the presence of a RC.

[Salem]

Ok, well lets just say that they don't stamp my Wife's Passport, for whatever reason, should i ask for it to be done?

[sum1]

I don't think you need to worry about this. A date stamp can be a convenient data point for a PR or naturalisation application though.

[Englandd]

Yes she can ask for her passport be stamped and it will be her choice.

[sum1]

No, it's not her choice.

[Englandd]

It will be her choice.
LOGIC:
stamp never be placed on those who donot need leave to enter/remain in uk and if an eu national is excerising its treaty rights then his/her non-eu partner has no restriction on entering/living. it will be only her choice to request for stamp.

[Jambo]

Don't follow your logic.

According to you, if you don't need leave to remain, then a stamp should never be stamped. You either have leave to remain or not so a stamp should either never be allowed or always be allowed. There is no third option in between.

According to the directive, it is illegal to stamp an EEA national or EEA national family member if they are holding residence document under the EEA regulations. As we all know, the EEA FP is an invention by the UK government and isn't required/exist in the directive and as such would be stamped.

[Englandd]

Net result is already clarified regardless of further and further discussion/argumentative style. Eu national has automatic free right of entering and based on its activities(eu treaty rights) its none-eu partner is free from any restriction means no stamp.

[Directive/2004/38/EC]

As we all know, the EEA FP is an invention by the UK government and isn't required/exist in the directive and as such would be stamped.

I assume you are referring to the name "EEA FP". But certainly the "EEA FP" concept is no invention; it is simply the "entry visa" referred to in Article 5 of Directive 2004/38/EC

[Directive/2004/38/EC]

The Border Force Operations Manual (in point 5) clearly allows the stamping of EEA FP holders' passports until the presence of a RC.

You are correct. My confusion. It is landing cards that are not required

4.3 Landing cards for non-EEA family members

Family members do not normally need to produce landing cards. However,
this does not apply when a person’s claim to be a family member is assessed
and accepted for the first time at port and admitted on a Code 1A. This is
because we do not otherwise have a record of the person.

[Jambo]

As we all know, the EEA FP is an invention by the UK government and isn't required/exist in the directive and as such would be stamped.

I assume you are referring to the name "EEA FP". But certainly the "EEA FP" concept is no invention; it is simply the "entry visa" referred to in Article 5 of Directive 2004/38/EC

You are right. Bad phrasing on my side. I meant to say that the directive doesn't require member states to require an entry visa. The UK would like to make the impression this is always required under the directive. Whereas the issue of Residence documentation is defined in the directive and the member state don't have a choice whether to implement that or not.

I agree with englandd. A long debate on a non issue.

[Salem]

As we all A long debate on a non issue.

Indeed!

I'll be able to let you all know in about 5 weeks

If, for whatever reason they don't stamp my Wife's Passport, i'm going to request they do.

[Directive/2004/38/EC]

If, for whatever reason they don't stamp my Wife's Passport, i'm going to request they do.

Certainly feel free too. Does not really matter from a UKBA perspective as they have a full list of entry scans for a given passport.

I once tried to get them to stamp my British passport, and they refused saying they were not allowed to. It was at least a nice idea at the time.

[Salem]

Posted a Thread about this last night, but it seems to have disappeared/deleted?

Anyway, here's my update -

Arrived last night with the little lady. I never completed a Landing Card, but was told by the IO that it was required as it was her first entry to the UK.
I said it wasn't required, IO said it was, and it would only take a few seconds, so i filled it in then and there. He then asked for her TB Cert, i again said this wasn't required, he again said it was. Luckily, we had it handy in her hand luggage. He had a quick look, said thank you, and that was that.

He stamped her Passport, said it only happens once, her first entry, and off we went..............

[Directive/2004/38/EC]

So you arrived at Heathrow. Your wife has an EEA FP, but the IO demanded to see the TB certificate. What is your wife's citizenship?

Was she required to get the TB cert in order to get a EEA FP?

[EUsmileWEallsmile]

Arrived last night with the little lady. I never completed a Landing Card, but was told by the IO that it was required as it was her first entry to the UK.
I said it wasn't required, IO said it was, and it would only take a few seconds, so i filled it in then and there. He then asked for her TB Cert, i again said this wasn't required, he again said it was. Luckily, we had it handy in her hand luggage. He had a quick look, said thank you, and that was that.

He stamped her Passport, said it only happens once, her first entry, and off we went..............

Complain. Landing card is not required. Passport can be stamped until residence card is received.

[GMacNab]

Complain. Landing card is not required. Passport can be stamped until residence card is received.

For the first entry, a landing card is required.

4.3 Landing cards for non-EEA family members

Family members do not normally need to produce landing cards. However,
this does not apply when a person’s claim to be a family member is assessed
and accepted for the first time at port and admitted on a Code 1A. This is
because we do not otherwise have a record of the person.

[Salem]

My Wife is Thai, and yes she was required to get the TB Cert before the FP was issued. I was going to say this, but we had just came off a 13 hour flight. I just wanted through, less hassle the better!

Yep, Mr MacNab, that's exactly what the IO said to me, they need a record for the first time.

[Directive/2004/38/EC]

Complain. Landing card is not required. Passport can be stamped until residence card is received.

For the first entry, a landing card is required.

4.3 Landing cards for non-EEA family members

Family members do not normally need to produce landing cards. However,
this does not apply when a person’s claim to be a family member is assessed
and accepted for the first time at port and admitted on a Code 1A. This is
because we do not otherwise have a record of the person.

If you have an EEA Family Permit, your "claim to be a family member" has already been fully assessed.

[EUsmileWEallsmile]

For the first entry, a landing card is required.

4.3 Landing cards for non-EEA family members

Family members do not normally need to produce landing cards. However,
this does not apply when a person’s claim to be a family member is assessed
and accepted for the first time at port and admitted on a Code 1A. This is
because we do not otherwise have a record of the person.

Not quite, the poster did not enter under a code 1.

[EUsmileWEallsmile]

My Wife is Thai, and yes she was required to get the TB Cert before the FP was issued. I was going to say this, but we had just came off a 13 hour flight. I just wanted through, less hassle the better!

Yep, Mr MacNab, that's exactly what the IO said to me, they need a record for the first time.

Now that you are in the UK, do yourself a favour. Complain! Complaints will result in improvements.

Speaking from experience, I can assure you that if you complain about the landing card, your position and not that of the IO will be vindicated.

Your wife should not have been required to have a TB cert either. Please make a fuss. You may find this thread interesting.

http://www.immigrationboards.com/viewto ... ertificate