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Travel after 6 month visa expires, eaa2 still in process

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stelsi
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Joined: Wed Sep 19, 2007 10:05 pm

Travel after 6 month visa expires, eaa2 still in process

Post by stelsi » Wed Sep 19, 2007 10:21 pm

Just a quick question as I haven't been able to find the answer anywhere on the forum.

We have applied for my eea2 residency permit (wife Norwegian, me US) and have been told by our adviser (expensive advisor at well know consultanting firm hired by her company to process the paperwork) that it won't be completed until after the original 6 month permit expires.

He said that during the time between the expiration of the original 6 month visa and the issuance of my 5 year residency permit, I will be unable to travel in/out of the UK. As I travel on a weekly basis out of the UK for work this will cause alot of problems.

Does anyone know if this is accurate information, and if so is their some way around it. We have lived previously in the UK and we never had any issues like this.

Thanks

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Wed Sep 19, 2007 10:34 pm

With a US passport you do not normally require a visa to enter the UK, so the airline will let you on.

And I doubt that the immigration officer at the border will turn you back if you have an EEA family permit and you have a copy of your confirmation letter for your Residence Card application. After all, you are entering the UK to be with your wife, an EU citizen, and they are legally required to let you enter if they have proof of that relationship (even without a visa!).

But if you travel every week, then I suggest you ask to speak with the supervisor next time you enter the UK and see what they suggest.

katya
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Posts: 2
Joined: Wed Jan 02, 2008 4:40 pm
Location: UK

similar issue, but now with Russian passport

Post by katya » Wed Jan 02, 2008 4:55 pm

Hi,

Could you please follow up on this story? Were you allowed to travel without problems (and without residence card/EEA family permit).

We are in a similar situation. With the difference that I will probably not be able to travel so easily having a Russian passport and an expired EEA family permit.

Any advice would be appreciated.

bamarek
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Posts: 15
Joined: Tue Jan 01, 2008 4:11 pm

Post by bamarek » Wed Jan 02, 2008 6:36 pm

Do not even try to leave passport with Home Office! You could possibly get to the UK as US citizen but other countries will not accept any residency cards.

I know that having a good reason you can request to get your passport verified when you go there by person or you can get it back quickly after writing to them. But here is an issue, many documents are lost every month because BIA want you to send them by post (I was a victim of fraud myself because my post was stolen). Welcome to Britain in the 21st century - cheques and documents sent by post!

stelsi
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Posts: 2
Joined: Wed Sep 19, 2007 10:05 pm

Post by stelsi » Wed Jan 02, 2008 7:01 pm

I will find out next week as my current 6 month visa expires this weekend and they still have not finished processing my 5 year permit.

Each time I have re-entered the UK since September, I have made a point to ask each of the immigration officers at my airport as to what will happen when it expires and I still don't have my 5 year permit, and I have had many different replies. They told me they have the ability to ship me immediatealy out of the country, but they all said they themselves wouldn't do it, but maybe another officer would!! . They suggested that I bring all my paperwork with me (copies of passports, previeas EEA2 permit, birth certficates, letters, pictures of the kids and wife, etc. etc.) and to come through during the day, preferably in the morning on a weekday so they can call the visa guys and confirm that my application was still being processed.

Fortunately I fly into a small international airport and I have met just about all the officers who work there, so they know me pretty well by now. I am not to worried, but it is a roll of the dice and I will make sure I get in the line with an officer who has talked with me before about this.

If I don't get through next friday, I will send an update the following week from Los Angelas (preferably while at the beach) while they process my new 6 month VISA so I can return to the UK!!!

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