travelling under tier 2 while eea2 is pending

[gmgmgm]

Hi there,

I am an Italian PhD student in the UK since 2012 and my wife is a Colombian citizen currently working under a Tier 2 visa. About a month ago, we submitted an application for the EEA 2 family permit together with our passports and my wife's biometric residence permit. We are currently waiting for the biometric enrolment letter and the COA that will hopefully confirm the right to work for my wife. After receiving these, we will ask to the HO to send back our passports. My wife works in sales and she travels abroad quite a lot because of her job.

My questions are:

1) Will they send back my wife's Tier2-bounded BRP (if we ask for it)?

2) I have read on the forum that travelling while the EEA2 application is pending is a tricky business because the flight company could refuse to board her on the plane, even if she shows them the COA. Am I correct?

3) If she changes job after receiving the COA, can she enter the UK showing the flight company/border agency the COA and the marriage certificate (without having a BRP)?

4) My understanding is that the easiest thing to do would be for her to go to abroad (i.e. the continent), and apply for an EEA family permit (which is usually processed in 10 days or so). Do you know how the application process works? Can it be done by mail or does she need to book an appointment with the consulate/visa center?

5) Is there any document (that we can obtain here in the UK) that will allow my wife to travel abroad and come back to the UK while we wait for the EEA2 application?

Thank you for the help,
G

[noajthan]

Hi there,

...

My questions are:

1) Will they send back my wife's Tier2-bounded BRP (if we ask for it)?

2) I have read on the forum that travelling while the EEA2 application is pending is a tricky business because the flight company could refuse to board her on the plane, even if she shows them the COA. Am I correct?

3) If she changes job after receiving the COA, can she enter the UK showing the flight company/border agency the COA and the marriage certificate (without having a BRP)?

4) My understanding is that the easiest thing to do would be for her to go to abroad (i.e. the continent), and apply for an EEA family permit (which is usually processed in 10 days or so). Do you know how the application process works? Can it be done by mail or does she need to book an appointment with the consulate/visa center?

5) Is there any document (that we can obtain here in the UK) that will allow my wife to travel abroad and come back to the UK while we wait for the EEA2 application?

Thank you for the help,
G

1) Don't see why not. Why have they even got it?

2) Yes, a COA is not a travel document.

3) See #2

See also
https://eumovement.wordpress.com/2010/0 ... to-travel/

4) Apply online unless in N Korea.

5) Tier 2 BRP.

[gmgmgm]

Thanks for the prompt reply.

1) Don't see why not. Why have they even got it?

We attached it to the EEA2 application. The form says

"please give details of your/their residence card (biometric format) or BRP below. You must include this document with your application, unless it is not available"

so we included it. Was it a mistake?

4) Apply online unless in N Korea.

I know that the application process starts online. However, she will have to submit her passport and the documents supporting the application. Do you know if she will have to book an appointment or if it can be done via regular mail? She could do that from Italy and I was wondering if she will have to go to Rome/Milan... She really would like to change company (losing her Tier 2 status) before the RC arrives in December 2016.

[noajthan]

Thanks for the prompt reply.

1) Don't see why not. Why have they even got it?

We attached it to the EEA2 application. The form says

"please give details of your/their residence card (biometric format) or BRP below. You must include this document with your application, unless it is not available"

so we included it. Was it a mistake?

4) Apply online unless in N Korea.

I know that the application process starts online. However, she will have to submit her passport and the documents supporting the application. Do you know if she will have to book an appointment or if it can be done via regular mail? She could do that from Italy and I was wondering if she will have to go to Rome/Milan... She really would like to change company (losing her Tier 2 status) before the RC arrives in December 2016.

Ah, you were correct to submit the BRP (its not just about EEA cards):

...biometric residence permit confirming that you had been granted leave to remain under the Immigration Rules or Immigration Act 1971

But you can still request it back a few weeks after filing the application.

My understanding is the FP bundle can be mailed in.

[gmgmgm]

Thanks!

One last question: what happens to my wife's BRP if she changes job? Can she still use it for travelling even if she is would not be working under the Tier 2 visa?

[noajthan]

Thanks!

One last question: what happens to my wife's BRP if she changes job? Can she still use it for travelling even if she is would not be working under the Tier 2 visa?

Not sure.
Is it still valid for a new employer?
When does it expire?

[gmgmgm]

Not sure.
Is it still valid for a new employer?
When does it expire?

It will expire next February. She received it after being sponsored by her current employer and obtaining the Tier 2 visa. However, after we will receive the COA she will be free to change job. I was wondering if she could keep using it for travelling until the EEA2 application will be approved.

[CR001]

Not sure.
Is it still valid for a new employer?
When does it expire?

It will expire next February. She received it after being sponsored by her current employer and obtaining the Tier 2 visa. However, after we will receive the COA she will be free to change job. I was wondering if she could keep using it for travelling until the EEA2 application will be approved.

If she leaves her current job and sponsor, the employer is legally obligated to inform HO that she has left their employment and sponsorship and her visa will be curtailed/cancelled. Risky for her to travel after this.

[gmgmgm]

Thank you very much. I think that at this point it is better if she gets a FP from abroad. I checked online and it turns out that the documents supporting the application need to be submitted in person in the country you are applying from. We should have done this before applying for the EEA2...