EEA (European Economic Area) Applicatons Are Not Mandatory

27-02-2013
EEA Applications are not mandatory.  They are not mandatory… OK… So why doesn’t UKBA remove the restrictions on my wife?
Subject: Complaint as to UKBA Staff, EEA2 Application, COA, ETC.
From: My @ Email
To: [email protected]; [email protected]; [email protected];
Cc:
Bcc:
Date: Wednesday, 27 February 2013, 5:32
Mr P [Address]
Dear Sirs,
I am writing to you in regards to the application of my wife: Mrs x
Royal Mail Package: x (Delivered on 15th Jan 2013) HO Ref: x and Case ID: x
After reading numerous documents on the UKBA website, I my attention was drawn to this document:
I note on page 3 the following is stated:
European Residence Document-– (Residence Certificate)
3
n/a
£55
European Residence Document – (Document certifying permanent residence)
3
n/a
£55
European Residence Document – (Residence Card and Derivative Residence Card)
3
n/a
£55
European Residence Document – (Permanent Residence Card)
3
n/a
£55
……..
3 Residence Documents issued under the Immigration (European Economic Area) Regulations are not mandatory.

 

Therefore, as we have already concluded that my wife has the legal right of residence in the UK based on a Derivative Right of Residence as per Case C-34/09, and an utter failure on UKBA to respond to my previous message dated 14th Feb 2013.
UKBA cannot legally attempt to remove my wife from the UK. To do so would breach her right of residence which is afforded to her by both UK and EU legislation.
I would also expect a response as per the complaint raised in regards to the handling of my wifes case with yourselves, and a response as to why neither my daughters, my wifes nore my own passport has been returned to us. As it is clear that you cannot legally hold an active Administrative Removal case against my wife, it is clear that my wifes documents must also be returned to us.
I also question (and you can consider this a freedom of information request). As an EEA national family member does not require posession of a Residence Card to prove their right to reside and their right to work in the UK. What information is being provided to airlines / border officials to allow the entry of family members of EEA nationals into the UK when they do not hold a residence card.
Also, as my wife as the right to employment being the parent of a british child, whom is dependant upon her (well, infact multiple british children – two), I see not notification to employers in your manual clearly outlining the derivative right of residence to parents of UK citizens.
I notice that your employment checking service does not allow employers to check the elegibility of an employee unless they have an active application in with the UKBA. Does this not suggest that it is a mandatory process for a non-eea national family member to aquire an EEA family residence card?
What information is provided to an employer to confirm the rights of the family members of an EEA national excersising their treaty rights.
What information is provided to an employer to confirm the derivative rights of a parent of a british citizen.
I have read numerous reports about EEA family members who are Non-EEA nationals encountering problems on entering the UK if they do not hold a current UK visa. Does a Derivative Right of Residence (birth certificate of a british child to a non EEA national mother) confirm a persons right of entry into the UK – as a Derivative Residence card does? As a document is not mandatory… it appears that other forms of proof are acceptable to provide the confirmation, can you please provide a list of proof which would allow reentry into the UK for a person with a derivative right of residence…
Yours,
Mr P

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