Britain cannot impose a blanket visa requirement on family members originally from outside Europe but who have valid EU residence rights, the European court of justice has ruled.
The decision is another setback in the government’s campaign to control immigration from the European Union.
Concluding that the EU’s freedom of movement rules trumped British claims that visas were needed to combat abuse of the EU residence card system, the judges in Luxembourg said the Colombian wife of Sean McCarthy, a dual British and Irish national living in Spain, did not need a UK visa or family permit to visit Britain.
The high court referred the case to the ECJ after McCarthy contested UK insistence on a family permit or visa, valid for six months, for his wife, Helena, every time they visit Britain. The couple have two children, both British nationals. The ECJ decided that Helena McCarthy’s Spanish residence card entitled her to travel to Britain without first obtaining a UK visa in Spain.
“The UK is disappointed with the judgment in this case,” said a government spokesman. “As the case is still to return to the UK’s high court for a final judgment, it would be inappropriate to comment further.”
The government argues that because it views the system of residence permits in some EU countries as suspect and open to abuse, it is entitled to impose a blanket entry requirement. The EJC dismissed this view, ruling that where suspicion existed, individual cases could be investigated and visa requirements imposed, but not as a general catch-all system.
“The [UK] legislation at issue requires an entry permit to be obtained prior to entry into UK territory, even where the authorities do not consider that the family member of an EU citizen may be involved in an abuse of rights or fraud. Family members who possess a valid residence card are thus prevented absolutely and automatically from entering the territory of the member states without a visa,” the court of justice said.
“The fact that a member state is faced with a high number of cases of abuse of rights or fraud cannot justify the adoption of a measure founded on considerations of general prevention, to the exclusion of any specific assessment of the conduct of the person concerned himself.
“Such measures would mean, as in the present case, that the mere fact of belonging to a particular group of persons would allow the member states to … disregard the very substance of the primary and individual right of EU citizens to move and reside freely within the territory of the member states.”
Immigration, EU freedom of movement and whether Britain should remain in Europe are increasingly vexed issue in the runup to next year’s general election. The Luxembourg ruling looks likely to cause trouble for David Cameron since it could open doors to thousands of non-EU nationals. It will also disgruntle Eurosceptic Tory backbenchers and fuel the Ukip anti-EU and anti-immigration campaign.
“Britain will be forced to recognise residence permits issued by any EU member state, even though the system of permits is wide open to abuse and fraud,” said the Ukip MEP Steven Woolfe.
“This ruling extends the so-called ‘right to free movement’ to millions of people from anywhere in the world who don’t have citizenship of any country of the EU. This is yet more proof that Britain can never take back control of its borders as long as it remains in the European Union.”
Timothy Kirkhope, a Conservative MEP, said: “We need a visa system controlled by the UK and not the EU. Of course the UK should have an immigration system which is fair, and does not disadvantage the right of British citizens to be with their family.
“We are disappointed as we believe that the UK’s visa system is both fair and lawful. Britain will always be best placed to decide and deal with its own immigration needs … not a judge in Luxembourg.”
An arrival card, also known as an incoming passenger card, landing card or disembarkation card, is a legal document used by immigration authorities of many countries to obtain information about incoming passenger not provided by the passenger's passport (such as health, criminal record, where they will be staying, purpose of the visit, etc.) and to provide a record of a person's entry into the country.[1][2][3][4][1] The card may also provide information on health and character requirements for non-citizens entering the country.[5] Some countries require an arrival card for each incoming passenger, while others require one card per family unit, and some only require an arrival card for non-citizens only.
Some countries, such as Singapore and Thailand, attach a departure card to the arrival card, which is retained in the alien's passport until their eventual departure. The arrival card can also be combined with a customs declaration, which some countries require incoming passengers to fill out separately. Play fifa 16 online free.
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Some countries, such as Malaysia,[6] do not require an arrival or departure card. The procedure of compiling information from immigration cards is no longer required by United States authorities following the introduction of the biometric recording system by the United States Customs and Border Protection.[3][7] There is minimal cross-border formality between a number of countries, most notably those in the passport-free travel area of Europe's Schengen Zone.[8]
The requirement to produce an arrival card is usually in addition to provision of a passport or other travel document, and sometimes a customs declaration.
Information on the card itself[edit]
Fast Track Uk Entry
The information requested varies by country. Typically the information requested on the arrival card includes:
- Full name
- Nationality
- Date of birth
- Passport number, place of issuance and expiration date
- Flight number or name of aircraft, ship or vehicle
- Purpose of trip: vacation, education/study, visiting relatives/families, business, diplomatic
- Duration of stay
- Destination (next stop of disembarkation)
- Address in country
- Information on items being bought into the country which may be of interest to customs and quarantine authorities
Travellers are generally required to sign, date, and declare the information is true, correct, and complete.
United Kingdom[edit]
Non-EEA citizens were formerly required to complete a landing card on entry to the United Kingdom. The traveller was required to present the completed form at the UK Visas and Immigration desk at the point of entry. The form was usually supplied by the airline, train or ferry company.[9]
In the UK, the landing card system was governed by the Immigration Act 1971, schedule 2 paragraph 5, which states;[10]
| “ | The Secretary of State may by order made by statutory instrument make provision for requiring passengers disembarking or embarking in the United Kingdom, or any class of such passengers, to produce to an immigration officer, if so required, landing or embarkation cards in such form as the Secretary of State may direct, and for requiring the owners or agents of ships and aircraft to supply such cards to those passengers. | ” |
[11][12][13]
In August 2017, the UK Home Office announced that landing cards will be completely scrapped as part of digital border transformation and modernisation. It was expected this change would come into effect by the autumn.[14] Landing cards were abolished for all passengers effective 20 May 2019.[15]
Notably absent from the landing card was information on the purpose of the trip, destination, or any items brought into the country. Additional information requested from travellers was their occupation and the port of their last departure.[16][17][18]
See also[edit]
References[edit]
Uk Entry Card
- ^ abPassenger Cards. Department of Immigration and Citizenship. Australian Government.
- ^cbp.gov, What to DeclareArchived 2016-09-15 at the Wayback Machine
- ^ ab'U.S. Customs and Border Protection Declaration Form 6059B, CBP Issues New Customs Declarations Form, Features Expanded Definition of Family Members'. Archived from the original on 2016-09-15. Retrieved 2016-08-31.
- ^NZIS431 - New Zealand Passenger Departure CardArchived 2008-10-15 at the Wayback Machine. Statistics New Zealand.
- ^NZIS431 - New Zealand Passenger Departure Card. Statistics New Zealand.
- ^Malaysia no longer require immigration cards
- ^cbp.gov, US Citizens
- ^per Article 21 of the Schengen Borders Code (OJ L 105, 13 April 2006, p. 1).
- ^UK, gov.uk, Entering the UK
- ^International scholarship guide, 7 Things to do before your planes lands and once you alight at a UK International Airport
- ^Children & ImmigrationBy Jeremy Rosenblatt, Ian Lewis, page 88
- ^Immigration Law Handbook, 2013,By Margaret Phelan, James Gillespie, page 50
- ^parliament.uk, Nationality, Immigration and Asylum Bill, 172.6
- ^Outdated landing cards to be withdrawn as part of digital border transformation
- ^'UK to scrap passenger landing cards'. BBC News. Retrieved 16 May 2019.
- ^UK Landing Card, pic
- ^UK Landing Card, pic
- ^go2london.co.uk, Do you need a Visa to go to London?