Travelling close to EEA Family Permit Visa end date

[Nayrolf]

Hi everyone,

Has anyone got some experiences with travelling close to the EEA Family Permit Visa expiration date?

My wife and I are considering travelling just before her 6 month visa ends. Here is some context so you understand our question:

- I’m French, my wife is Mexican and we’ve been living in the UK
- My wife has a EEA Family Permit valid until the 14th of August
- She has submitted her Residence Card Application (as the wife of a qualified person) on the 11th of March
- We are considering going to France in August and coming back to the UK on the… 14th of August (last day of her current visa)

She should get in the plane from France to the UK without any issues (Mexican citizens don’t need a Visa to go the UK). However, I’m a bit worried by the idea of travelling the last day of her family permit visa expires.

Let’s assume her residence card application is still in progress when we travel. Are we taking a risk that her entry in the UK could be refused?

Thanks for your help and have a great day,

Nayrolf

[cafeconleche]

No, there is no risk. She has the right to enter with you, and the family permit was also (under EU law) unnecessary, but good to have for peace of mind. Traveling back while it is still valid, from a European country, with proof of having applied for an RC, is a non-issue.

[Nayrolf]

Many thanks for your reply @cafeconleche ! I'm happy to read that it's fine to travel as long as the visa is still valid.

I have a doubt about what would happen if we travel after her family permit visa has ended though. For instance, let's assume we are now flying on the 15th of August instead of the 14th (1 day after her visa expires). Could we have troubles at the UK border if we show our COA letter proving her residence card application is in progress?

[Richard W]

Take your marriage certificate and your contract of employment with you for your peace of mind. She should still be able to enter on those in August, especially if the UK has voted to remain within the EU.

[Casa]

Why would anything change immediately after a referendum?

[Richard W]

For starters, if the UK votes to remain in the EU, two 'clarifications' on Freedom of Movement will promptly be issued.

9 weeks (23 June to 15 August) can be a very long time in politics. If the UK has voted to leave, and the EEA-solution has been rejected, the UK may be strongly disinclined to continue to follow EU law for another two years. That may especially be true if there is a surge of speculative immigration into the UK on a move now or never basis. Who knows how prime minister Boris Johnson would react? Moreover, the Swiss will probably start moving further away from Freedom of Movement, which has been (narrowly) rejected by the Swiss people. These would be interesting times (as in the Chinese curse).

However, as nothing happens in France in August, that pause may delay any big changes.