EU route- Resident card holder, unable to renew expiring pas

[Zamy301]

Hello

I am a family member here residing with my Austrian husband. I have a residency card as a family member of EU stamped on my Somali passport which will expire April 2015. Somali embassy in London no longer exists, only somali embassy in Europe is in Brussels and won't issue passport till the new year by which I won't be able to enter the country ( less than 6 months passport validity). What will be my status here if I fail to renew passport? How will that affect my working rights. This is very important as my husband is unable to work for health reasons. Also will that affect my RC and chances to obtain BP.

Here is my immigration track:

2009 entered UK on Tier 4 visa
Obtained certificate of approval April 2010
Got married to EU November 2011
Obtained RC 2012

I should qualify to apply for eea4 Nov 16 and BP Nov 17!

Many thanks

[sheraz7]

Maybe regulations 29A applies here. See:Alternatives evidence of nationality & identity.

[Jambo]

by which I won't be able to enter the country ( less than 6 months passport validity)

Which country are you referring here? With a RC, you can enter Belgium without a visa (if travelling with your partner). With a RC, you can return to the UK without any problems. There is no need to have 6 months on the passport.

[Zamy301]

Are you sure about info regarding Belgium with less than 6 months validity? If so please let me know source of information as this contradicts what I was told.

Also, if I was successful my old passport 'with residency card' becomes invalid. Will that affect entry back to UK or make RC invalid as well? Also, not sure if passports are punched and returned or not!

[Zamy301]

Sorry Jambo! Just understood what you meant now! Belgium won't let me in with less than 6 month validity as far as I understand.

[vinny]

Travelers whose passports are about to expire, take note: The European Union has announced new passport requirements for non-EU nationals. The new rules began in July requiring all citizens of countries outside the Schengen area to have a passport valid for at least 3 months after departure date.

[Zamy301]

Many thanks Vinny! Is that an official source of info though. Sorry to be a pain but was recently rejected entry to Denmark in October despite travelling with my husband on the basis they don't aknowledge Somali passport and I have this in writing. It's slightly different issue but what I have realised is that they use any excuse when Somalis 'and similar nations' attempt entry to reject. And I want to make sure I have everything covered. Thanks

[GMB]

According to Regulation (EU) 610/2013 of 23 June 2013, the requirement for a third-country national to enter the Schengen Area is that "they are in possession of a valid travel document entitling the holder to cross the border satisfying the following criteria: (i) its validity shall extend at least three months after the intended date of departure from the territory of the Member States. (ii) it shall have been issued within the previous 10 years. (Article 2, para.(5)(a)(ii)(a), pp.L 182/4 and L 182/5) See document at:
http://eur-lex.europa.eu/LexUriServ/Lex ... 018:EN:PDF

However, EU Reg 610/2013 was merely an amendment to Regulation (EC) 562/2006 of 15 March 2006, often known as The Schengen Borders Code. The Schengen Borders Code clearly states that you, as the family member of an EEA national, are a "person enjoying the Community right of free movement." (Article 2, para.5(b), p.L 105/4) This is distiguished from a "third-country national," who is "any person who is not a Union citizen within the meaning of Article 17(1) of the Treaty and who is not covered by point 5 of this Article." (Article 2, para.6, p.L 105/4). In other words, even the "at least three months" limitation of EU 610/2013 should not apply to you as you are a person enjoying the right of free movement and NOT a third-country national as defined by the Schengen Borders Code. See document at: http://eur-lex.europa.eu/LexUriServ/Lex ... 032:EN:PDF

[Zamy301]

Thanks GMB. It seems to me that the EU law for family members is more of a theoretical law that in action. Don't get me wrong, I hope enjoyed visiting Italy, Czeck and Spain with my hubby and had little issues. However, the treatment I had last month in the Danish airport just shook us and we are very sceptical of this whole thing now. The officer at the Danish made a clear distinction that my husband and son are allowed in. I wasn't because they think Somali passports are invalid in their view so they denied me entry on this basis and even stamped 'my invalid' passport which is ironic. I have appealed and waiting to hear however, I'll have once chance to go out and sort my passport. I wanted to understand the consequences of failing to obtain a new passport in case I do face a similar situation when attempting entry to Belgium. Thanks.

[Zamy301]

Maybe regulations 29A applies here. See:Alternatives evidence of nationality & identity.

Sheraz7 Thank you! Isn't that relevant for stateless people only. What I inderstood from UK GOV website is that they have a very narrow and specific definition for stateless.

Anyone else, could you give some help or advise. If I no longer hold a travel document will that jeoprdize my stay in the UK under the EU law?

Thanks

[Zamy301]

Dear all,

Thanks for all comments and advice. Just to update you getting the passport from Belgium is impossible as the Somali embassy is not issuing passports now. I have got in touch with our embassy in Rome. They have asked me to come and submit my biometrics etc. The application will then be processed in Somalia and the passport will be issued there and sent to me via courier service.

This means I will be back to the UK with my old passport. Can I ask how long passport validity is required to allow me back in. I have screened all UKBA website and cant find info about that.

Much appreciated,

[cafeconleche]

With proof that your embassy in Brussels won't issue you a passport, you can try to get a certificate of travel from the UK: https://www.gov.uk/government/publicati ... -td112-brp