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just not good enough - RC holder told to go to non-eu queue

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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greatscott
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United Kingdom

just not good enough - RC holder told to go to non-eu queue

Post by greatscott » Mon Dec 24, 2012 2:19 pm

What the hell is going on?
Our child was travelling (on their own) via ferry going to UK.

At the hoek van holland side, the british immigration officer at the end of the EU-queue is shown a valid UK Residence Card (A4 paper) along with a non-visa passport.

Our child is told to go to the non-EU counter.

Next is asked if married and to who.

huh?!

Then told to fill in a boarding card.

Then a discussion ensued between officers, after which further questions about purpose of visit.

Replied: to see father (me, British Citizen).

Then asked for how long and what did I do.

Then told it wasn't necessary after all to fill in the boarding card, but that they will keep it anyway, and let through.

How on earth does an immigration officer look at a valid RC and then send someone off to the non-eu line?

wtf is going on.

Is a paper RC not the 'be-all and end-all' of our child's status now?

fysicus
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Post by fysicus » Tue Dec 25, 2012 1:31 pm

File a formal complaint, and don't hesitate to use strong language (harassment of a minor by Border Force officials, or something like that) and demand that the landing card is physically handed over to you.

greatscott
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Joined: Fri Jan 27, 2012 5:24 pm
United Kingdom

Post by greatscott » Tue Dec 25, 2012 2:33 pm

fysicus wrote:File a formal complaint, and don't hesitate to use strong language (harassment of a minor by Border Force officials, or something like that) and demand that the landing card is physically handed over to you.
best way to complain? address to?

problem is our child was raised to be polite, preferring to avoid confrontation .... obviously not the way to raise children.

Thanks, and Merry Xmas to you wherever you are.

Obie
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Post by Obie » Tue Dec 25, 2012 5:39 pm

We have to be slightly careful here, as there is no provision in the directive that specifies the queue a family member of an EEA national use at a port of entry.

However the passport of these people should not be stamped.

It is up to the memberstates to decide on how the will facilitate free movement in accordance with the treaty and secondary legislation.
Smooth seas do not make skilful sailors

greatscott
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United Kingdom

Post by greatscott » Tue Dec 25, 2012 6:51 pm

Obie wrote:We have to be slightly careful here, as there is no provision in the directive that specifies the queue a family member of an EEA national use at a port of entry.

However the passport of these people should not be stamped.

It is up to the memberstates to decide on how the will facilitate free movement in accordance with the treaty and secondary legislation.
oh, ok that changes things somewhat.

non-eu queue it is then.

-- passport wasn't stamped so that's good.
-- boarding form- I'll let it pass- see if it repeats- if it does I'll complain.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Wed Dec 26, 2012 9:54 am

Obie wrote:We have to be slightly careful here, as there is no provision in the directive that specifies the queue a family member of an EEA national use at a port of entry.

It is up to the memberstates to decide on how the will facilitate free movement in accordance with the treaty and secondary legislation.
While appreciating that the UK maintains its own border arrangements, for the schengen countries, they have codified who uses what queue. Those persons enjoying the community right of free movement are subject to "minimum check" and can choose which queue they wish. See schegnen borders code.
Last edited by EUsmileWEallsmile on Wed Dec 26, 2012 10:40 am, edited 1 time in total.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Wed Dec 26, 2012 9:59 am

greatscott wrote: -- boarding form- I'll let it pass- see if it repeats- if it does I'll complain.
A landing card is not required. The EU line can be used. A simple complaint letter would be treated seriously by UKBA. Complain if you feel strongly about this.

greatscott
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Post by greatscott » Wed Dec 26, 2012 11:35 am

EUsmileWEallsmile wrote:
greatscott wrote: -- boarding form- I'll let it pass- see if it repeats- if it does I'll complain.
A landing card is not required. The EU line can be used. A simple complaint letter would be treated seriously by UKBA. Complain if you feel strongly about this.
Unfortunately ours won't take ownership of this issue...unlike grumpy old father.

I'll wait.

It is probably a case of an inexperienced I.O. but having said that there is no excuse to have such a level of inexperience on the 'front line'....unless of course its all part of a cunning plan to frustrate free movement.

Obie
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Post by Obie » Wed Dec 26, 2012 1:56 pm

EUsmileWEallsmile wrote: While appreciating that the UK maintains its own border arrangements, for the schengen countries, they have codified who uses what queue. Those persons enjoying the community right of free movement are subject to "minimum check" and can choose which queue they wish. See schegnen borders code.
This is the Schengen Border Code. I understand you have acknowledged that the UK is not part of it, as stated in Recital 27.

The relevant provision is Recital 10 and Article 9. This provides for seperate lanes where circumstance permit, in all port of entry, but especially Airports.

But the UK, by virtue of the Frontier protocol can derogate from this i believe.

I know they are not allowed to stamp passports, but i have not been able to see any provision, which states that family member with Residence Card should use EU queue.

Please forward me a link if you can. There is force in the argument of stamping passport, but as UK is not part of Schengen, it might be hard to fight the queue aspect.
Smooth seas do not make skilful sailors

fysicus
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Post by fysicus » Wed Dec 26, 2012 4:21 pm

RC card holders were also eligible for the (now phased-out) IRIS scheme, and IMHO it makes sense to distinguish on whether or not a landing card is required.

Apart from that, when you make it to the IO after having spent your time in the queue (even if it was the wrong queue, intentionally or not), the IO should just inspect your documents and decide whether or not to let you enter the UK, if necessary may be after consulting a colleague. Sending you back to the beginning of the other queue is just extremely and unnecessarily rude behaviour, in itself a very good reason for complaint. Then on top of that unlawfully demanding to complete a landing card and refusing to give it back to the passenger is outright unacceptable!
Whether this behaviour is the result of malicious intent or of incompetence, doesn't matter. I do recommend to complain in writing so that the IO involved will get cautioned (or worse).

keffers
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Post by keffers » Wed Dec 26, 2012 6:29 pm

I would advise anyone to not take any notice of fysicus as he/she is clearly motivated by malicious intent.
I do recommend to complain in writing so that the IO involved will get cautioned (or worse).

vndpag
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My passport stamped at the Heathrow Airport ?

Post by vndpag » Wed Dec 26, 2012 6:34 pm

Hi Gurus and moderators please give me some advice I traveled with my wife to Dubai for one week holiday I am Holding EEA resident card while returning from Dubai my passport has been stamped through immigration officer is there an issue ? Or it will effect any way in future when I will apply for PR please advice me on this thank you to all
EEA1 & EEA2 Application sent on 26/07/2011
Received by Home Office 27/07/2011
EEA1 and COA Received in one pack 23/09/2011 (Dated 01/09/2011)
Resident Card 18/10/2011

greatscott
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United Kingdom

Post by greatscott » Thu Dec 27, 2012 8:23 am

greatscott wrote:
Obie wrote:We have to be slightly careful here, as there is no provision in the directive that specifies the queue a family member of an EEA national use at a port of entry.

However the passport of these people should not be stamped.

It is up to the memberstates to decide on how the will facilitate free movement in accordance with the treaty and secondary legislation.
oh, ok that changes things somewhat.

non-eu queue it is then.

-- passport wasn't stamped so that's good.
-- boarding form- I'll let it pass- see if it repeats- if it does I'll complain.
Checked the passport again- I see it was stamped.

Problem is our child ( just turned 21) doesn't want to escalate this as doesn't see the value of doing so. I guess it is pretty intimidating and young people just don't want to get involved.

Any suggestions on best course of action.

How will stamping of the passport adversely affect a persons rights now or in the future?, or is this more a matter of snooping on a person's freedom of movement?

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Thu Dec 27, 2012 8:44 am

Obie wrote:Please forward me a link if you can
Handbook

EUsmileWEallsmile
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Re: My passport stamped at the Heathrow Airport ?

Post by EUsmileWEallsmile » Thu Dec 27, 2012 8:45 am

vndpag wrote:Hi Gurus and moderators please give me some advice I traveled with my wife to Dubai for one week holiday I am Holding EEA resident card while returning from Dubai my passport has been stamped through immigration officer is there an issue ? Or it will effect any way in future when I will apply for PR please advice me on this thank you to all
It will have no practical effect, but it should not have been stamped.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Thu Dec 27, 2012 9:06 am

greatscott wrote:
Checked the passport again- I see it was stamped.

Problem is our child ( just turned 21) doesn't want to escalate this as doesn't see the value of doing so. I guess it is pretty intimidating and young people just don't want to get involved.

Any suggestions on best course of action.

How will stamping of the passport adversely affect a persons rights now or in the future?, or is this more a matter of snooping on a person's freedom of movement?
It will have no adverse affect.

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