# Asking for a code 1A stamp -- how do I phrase this question?



## Oleander77 (May 2, 2012)

Hello all, 

I'm going to be asking for a code 1a stamp next time I enter the uk (in a few days) and was wondering how exactly to approach this. 

(Background: my husband is EU, I'm American.....I have applied for the EEA2 RC and when I am at the border I will show them 

1. the certificate of application (which came in the mail shortly after I applied for the EEA2 RC)
2. a (very recently) expire EEA family permit (it expires 12 days before I will be trying to come back to the UK)
3. our marriage license, 
4. a letter from my husbands job
5. and some of his pay stubs) 

I realize the BEST way to try to cross the border is with a NON-expired EEA FP, but since I dont have that, what exactly am I supposed to say when I get up to the border check?? Can I simply say, "may I please have a code 1a stamp?" 

Thanks very much, 
O


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## Jrge (Mar 22, 2011)

Hi,


Oleander77 said:


> Hello all,
> 
> I'm going to be asking for a code 1a stamp next time I enter the uk (in a few days) and was wondering how exactly to approach this.
> 
> ...


If your EU spouse isn't entering country with you, I envision an extreme hard time and a subsequent rejection at Point Of Entry (POE) . If you, however, politely stand and hold your grounds and ask to be have your passport book stamped with the CODE 1A, you might be let in. You shall be given every opportunity to prove your right(s) to joint your EU spouse. 

Sadly this has become a gamble, where nobody knows what in the world will and would happen at POE. 

Animo
(Cheers)


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## Joppa (Sep 7, 2009)

The thing at stake is while you may have right to enter as EU family member, it's up to the border force agents to examine your claim and come to a conclusion. If in their view, you haven't established sufficient evidence to prove your eligibility, they have the power to turn you away. That's why they say holding EEA family permit or residence card will smooth your passage through border control, even though under EU rules you don't have to hold them.


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## Oleander77 (May 2, 2012)

My EU spouse isn't entering WITH me (I went to the USA by myself), but he will be waiting at arrivals when the flight lands (my first point of entry into the UK is right near our flat in Scotland), would this be essentially the same thing as traveling together? (The POE could call him over the loudspeaker and have him come to the questioning room, etc)


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## Joppa (Sep 7, 2009)

Oleander77 said:


> My EU spouse isn't entering WITH me (I went to the USA by myself), but he will be waiting at arrivals when the flight lands (my first point of entry into the UK is right near our flat in Scotland), would this be essentially the same thing as traveling together? (The POE could call him over the loudspeaker and have him come to the questioning room, etc)


No, that won't be possible as you are in a sterile area.
They can phone him on his mobile, which he should carry.
No, it's not the same as travelling together.
You did realise you were running this risk when you decided to travel to the States before getting your residence card?


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## Oleander77 (May 2, 2012)

I realized it was A risk, but I was thinking it was a relatively small risk (he's been at his job for years, I have my CoA and my first family permit will have expired less than two weeks before I will be trying to re-enter the UK. Also I figured the fact that neither of us are from countries with contentious relationships with the UK couldn't hurt). Now I am wondering if this is a bigger risk than I thought...


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## Joppa (Sep 7, 2009)

Oleander77 said:


> I realized it was A risk, but I was thinking it was a relatively small risk (he's been at his job for years, I have my CoA and my first family permit will have expired less than two weeks before I will be trying to re-enter the UK. Also I figured the fact that neither of us are from countries with contentious relationships with the UK couldn't hurt). Now I am wondering if this is a bigger risk than I thought...


My observation of recent passport control is that other than routine entry, such as genuine tourists or EU citizens, everyone else seems to be subject to deeper scrutiny, not just from the Third World. So your case will be considered non-standard and I can genuinely foresee hassles at UK border on your return.
Alternative is to apply for EEA family permit again before your return, but you may not have time or all the supporting documents on hand.


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## EFAnne (Oct 13, 2012)

Hi, 

I thought I would chime in with some info. Here is an excerpt from the UKBA Border Manual:
Border Force Operations Manual

"Categories of Passenger	
EEA Nationals & their Dependents
5.5 Procedures when no EEA family permit or residence card is held
5.5.1 Admission of family members who are unable to produce a valid passport, family permit or residence card
Border Force officers will need to assess whether or not a person qualifies for admission under the EEA Regulations in the above situations. Ports should take particular note of the guidance on those who seek admission under the extended family member provisions as dependents relatives and as family members of an EEA national with whom they have a “durable relationship” (unmarried partner); the relevant criteria in Part 8 of the Rules (excluding entry clearance) should be used to make a decision on whether or not to admit under EEA Regulations. Unlike immediate family members the EEA Regulations allow for an “extensive examination of the personal circumstances” of extended family members.
5.5.2 Seeking admission at port
Applicants at port should be treated as persons seeking admission unless reference is made to applying for a residence card. Admission will fall into one of the following:
•	produces satisfactory evidence on arrival The person should be admitted for 6 months on a Code 1A. Complete landing
card. •	Is unable to produce satisfactory evidence on arrival
The person should be given “every reasonable opportunity” to prove by other means that he is the family member of an EEA national; a person should not automatically be refused admission as a result of not being able to produce adequate evidence. As a guide within a week of arriving at port should be adequate; ports can consider refusing admission at this point, unless the situation suggests more time is needed.
•	submits an application for admission post arrival
The person has arrived seeking entry in another capacity and whilst on temporary admission (TA) seeks admission under the EEA Regulations. In such circumstances the same guidance as in the point above should be followed. If a person has been on TA for more than 3 months any decision will attract an in country right of appeal."

Also, does your husband have an EU ID card that you can travel with? My husband never used one, but I asked him to get one so I can take it with me when I travel as additional proof that I am a family member of an EU national. 

Good Luck! I know there are people who have done this successfully, hopefully, you will soon be one of those people.


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## Joppa (Sep 7, 2009)

I am familiar with UKBF Op Man.
It may look simple to be admitted without family permit or residence card but reality is often not that straightforward. You may eventually succeed, but you may be detained for up to an hour as they do background checks and hold conferences. Admitting people under EU regulations is a tricky job for UKBA and there is often a wide difference in practice depending on which port you enter and who is on duty. What's on manual isn't necessarily what you may encounter. And they are under pressure to deliver robust border control without breaking EU law.


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## Oleander77 (May 2, 2012)

EFAnne -- Thank you very much for this information! Unfortunately, he doesn't have a residence card. I'm traveling with a copy of HIS passport (he's from the Republic of Ireland) and he will bring the original to the airport when he comes to meet me (although now I am realizing from what Joppa said that they will not allow him into the questioning area to show them) 

Joppa -- I was expecting to be taken aside and questioned, even for hours. My main concern is just that I will be put straight on a plane back to the US without even getting to see my husband. I don't have all of the supporting evidence with me (some of it we sent along with my application for Residence Card and is still with the Liverpool office, some of it -- photos and such -- are back in the UK.)


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## Joppa (Sep 7, 2009)

All I can say is hope for the best. You may meet a sympathetic immigration officer who will try to help you establish your rights, or you may meet an inflexible bureaucrat. While the chance of being put on a flight home is remote, they do retain the right to do so.


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## Oleander77 (May 2, 2012)

Well, fingers crossed. Thanks for the information. Will provide an update about whatever happens for anyone who may be in a similar situation.


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## Oleander77 (May 2, 2012)

Hello expats!

Just wanted to report that I was let back into the UK, hooray!! While I would not recommend others try this, it was actually rather easy and painless. They didn't even call my husband or bring me to a special room. I believe this was a combination of lucking out with a nice IO, entering through a less trafficked port (in Scotland), luck, the fact that I had all my documents in order (and out in a folder in front of me), the fact that my former EEA FP had expired less than 2 weeks ago, the fact that I had my coa, the fact that I was polite and friendly, and oh, did I mention LUCK (as in I got an immigration officer who seemed nice). I have been given a confusing stamp in my passport (I do nt know if this IS in fact a code 1a stamp), however, which I will ask about in another posting (so it doesn't get lost in this one). 

Thanks for all your help everyone!


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## Oleander77 (May 2, 2012)

Oleander77 said:


> Hello expats!
> 
> Just wanted to report that I was let back into the UK, hooray!! While I would not recommend others try this, it was actually rather easy and painless. They didn't even call my husband or bring me to a special room. I believe this was a combination of lucking out with a nice IO, entering through a less trafficked port (in Scotland), luck, the fact that I had all my documents in order (and out in a folder in front of me), the fact that my former EEA FP had expired less than 2 weeks ago, the fact that I had my coa, the fact that I was polite and friendly, and oh, did I mention LUCK (as in I got an immigration officer who seemed nice). I have been given a confusing stamp in my passport (I do nt know if this IS in fact a code 1a stamp), however, which I will ask about in another posting (so it doesn't get lost in this one).
> 
> Thanks for all your help everyone!


I should ALSO mention that clearly the IO did not LIKE that I was doing this (which is obviously not surprising) and then I THINK she said that I had been told that I should not have left the UK. (I'm assuming she meant w/ the letter that came with the RC CoA, although I am not entirely sure. I did not sleep at all on the plane so I'm a bit fuzzy!)


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## Joppa (Sep 7, 2009)

Good! You were lucky. I did say that UKBA don't like people claiming rights under EU regulations when they should have got relevant documentary evidence, such as family permit or residence card. There is a system in place for the benefit of all, though they cannot legally enforce it.

Please post the exact shape and wording of the stamp and anything added by hand.

Code 1A stamp is rectangular, and at the top is says, 'Leave to enter the United Kingdon is hereby given for/until' and below is written by hand 'six months', and in the boxes below are entered your immigration card reference. An open date stamp is placed as well.


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## Pukin (Nov 11, 2013)

*outcome?*

Hi sounds a really interesting case. I´m planning to do the same but accompanied by my wife which is the EU national. 

I copy below my case hope you can help me:

" Basically I am a non-EEA national married to a EEA National who is exercising treaty rights.

I came first to the UK as a Student together with my Italian girlfriend. After our studies we both got jobs here in London, so we decided (after a 2-years relationship) to get married back in Uruguay (December 2012) and continue residing in the UK. 

So, after getting married, I applied to an EEA Family Permit (January 2013, got it back the 22nd January and expired in mid July) in order to re-enter the UK and then applied the 9th of July 2013 to the Residence Permit EEA 2 form hoping I would have it back by December. 

On the 12th July 2013, I received a letter from the Home Office with a reference number stating that they had received my application and that it was being passed to a casework unit to await consideration. Also, they told me I should not plan any travels and that I should not enquire about the process. (MY FIRST QUESTION: IS THIS THE Certificate of Application COA? How does the COA look like?)

Then since we knew my wife had to travel for work, she immediately requested her passport back through the website. One week later we received her passport but also mine (obviously without the RC). I called them and they told me that there was no problem with that, and that I should hear from them soon in order to send my passport back to add the RC in form of a vignette.

So, now after 5 months since the application, I was getting worried because I have plans to travel back home for Christmas. I called them today and a really unpolite person told me they are taking around 8 months to solve the EEA cases and that my RC won't be ready until February/March 2014. 

I asked him about my alternatives in case I wanted to leave the country and he told me (without much conviction) that I could re-enter with my wife and the COA but that was none of his business and it will be decided by the border agent at the airport.

Some extra info: As Uruguayan I do not need Visa to enter UK as a tourist, but my FP has expired in July. However, the FP is in my old passport so I will be entering with a new one. I sent them both and got both back. 

From what I have read I can:

1. Once I am outside UK apply for a new Family Permit but this will take me more than 3 weeks since in South America these decisions are taken in Rio de Janerio - Brasil (last time it took UKBA one week to decide but the documents were travelling 2 weeks in and out and I had to apply through Buenos Aires). So, I want to avoid this option. 


2. To fly anyway and come back with my wife, plus the COA and all documents that I used to apply for the RC (marriage certificate, permanent contract of the EEA national, proof of address, bank statements, tenancy agreement, etc.) I read that there is a ad hoc visa called "Code 1A stamp" mentioned by you. 

3. Same than 2 but travelling without my wife (sponsor)

4. Try to get out UK for a day i.e. Paris day'trip and re-enter to get the Code 1A stamp

Could anyone please assist me? I would really appreciate if someone could also clarify me if the letter that I have is the COA and if the Code 1A stamp is still in use.


Many thanks!!!



PS: in my next post I will describe better my first Family permit application since it was really challenging due to several circumstances. (e.g. travelling back to get married outside UK, 2 days later my wife came back to UK and I stayed waiting my FP and re-entered alone without any problem.)


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## Joppa (Sep 7, 2009)

You should not multi-post.
Your situation is very similar to the one I commented upon. So in short, it depends. Many immigration officers haven't come across this before, so initially there may be confusion, consulting with superiors, contacting the European desk (if during office hours) etc. All you can do is to ask politely whether you can be allowed in under EEA provisions as qualified family member. Asking for Code 1A stamp (which gives you limited leave to enter) is outside the usual procedure, frankly they don't like processing your request, so be polite, be patient and be pleasant, stressing how it was necessary to leave before getting your residence card, and hope they will be sympathetic. 
Certificate of Application will be stated as such at the top of your letter. It will be after Dear Sir/Madam.


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## Pukin (Nov 11, 2013)

*thanks for response*

Joppa many thanks for your quick response and the tips givien in it. And sorry for the double post, I'm just starting to get the idea how the forum works. 

My only worry is in relation to my CoA, I have doubts that the letter they sent me is one. It does not state "Certificate of Application" anywhere!

It states the following:

"[HOME OFFICE heading] 

[My address] [Home Office address]
[Date]
Our Reference number: XXXX
Your Reference number: [Blank]
Regarding applicant: MY NAME

Thank you for the application by the above-named on Form EEA2. It will now be passed to a casework unit to await consideration.

If there is an issue with the fee you paid, your application will be deemed to be invalid and returned to you as soon as possible by post. You will be advised on what action you need to take to make a valid application.

Our advice to all applicants is not to make any non-urgent travel plans until we have decided the application and returned the passports or travel documents.

WE would appreciate it if you did not enquire about the progress of the application before you hear from us. It is not possible to make enquiresin person about the progress of an application at any of our Public Enquiry Offices.

Please note that our published service standard is to complete applications within 6 months. Some applications will be resolved much sooner, especially for EU nationals. All applications are considered in application date order unless there are any documented compelling or compassionate reasons to prioritise. 

If you need documents urgently, please visit our website XXXX. Please allow 10 working days for us to return your documents.

Home Office"

There is not signature nor stamp on it, it is just a normal white paper that I could even print at home.

Do you think this is the COA or should I request a one? When I called them they told me they had sent it....

Any help much appreciated as always!

Gracias!


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## Joppa (Sep 7, 2009)

If it's a COA, it should say in capital letters CERTIFICATE of APPLICATION after Dear Sir, and contains a line about whether you are allowed to work or they cannot say that at the moment.
It looks like just a letter of acknowledgement. Contact the Euro desk and ask for CoA. Phone them or better still, write to, giving as much details as possible about your application:

Home Office - European Applications EEA2
PO Box 590
Durham
DH99 1AD


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