Non-EU family member - UK entry clearance

[josesilva81]

Hi.

My wife and I have lived and worked in the UK for over 3 years. Up until last month, we were here under a Tier-2 visa (she was my dependent), which has now been cancelled by my employer/sponsor as I've become a EU citizen with an Italian passport. My wife's employers have cleared her to keep working for them having only checked my Italian passport + marriage certificate.

We have travel plans for December, and so we'd like to postpone applying for her residence card to avoid problems in case the Home Office retain her passport for longer. I've called their contact line and they say she may be refused entry clearance when we return to the UK if she doesn't have a valid family permit or residence card OR at least a letter confirming her application. I thought EU family members didn't need a formal document to re-enter the UK.

Does anyone know how this works in practice at the airport's immigration and whether they can indeed refuse to give her entry clearance to the UK? Thank you.

[noajthan]

...

We have travel plans for December, and so we'd like to postpone applying for her residence card to avoid problems in case the Home Office retain her passport for longer. I've called their contact line and they say she may be refused entry clearance when we return to the UK if she doesn't have a valid family permit or residence card OR at least a letter confirming her application. I thought EU family members didn't need a formal document to re-enter the UK.

Does anyone know how this works in practice at the airport's immigration and whether they can indeed refuse to give her entry clearance to the UK? Thank you.

Seems to depend on whether the traveller is a visa national or a non-visa national.

See forum FAQs:
http://www.immigrationboards.com/eea-ro ... 14867.html

[vinny]

11(4).