Travelling with expired EEA Family Permit - Surinder Singh

[AMEER_AK]

I would greatly appreciate some guidance on the following matter.

My wife and stepdaughter were issued with an EEA Family Permit under the Surinder Singh judgement as we all lived together in Slovenia (EU Member state) for two and a half years prior to me relocating back to the UK (in July 2016). My wife and stepdaughter are Russian nationals and held Residence Permits in Slovenia. Our two-year old son and myself are British nationals.

We now all live in the UK and my stepdaughter attends a secondary school in Tunbridge Wells.

My wife and stepdaughter have already applied for a Residence Card and have received their Certificate of Application (received on 20 October 2016). However, the Residence Card has yet to be issued.

We have been planning a trip to Italy in February 2017 for over a year now and substantial monies have already been paid. I was about to apply for our passports to be returned by the Home Office when it dawned on me that their EEA Family permits expired on 20 November 2016.

Please can you advise on how we can travel to Europe (we are travelling by car - Euro Tunnel) and return without problems at the border control. We are travelling together, we have the Certificate of Application for the Residence Card, the (expired) EEA Family permits (in their passports), our marriage certificate, my stepdaughter’s birth certificate and confirmation that my stepdaughter attends secondary school in the UK. We also have evidence that we lived in Slovenia prior to relocating to the UK in July 2016 (this was the basis of being issued with EEA Family permit under Surinder Singh).

[noajthan]

Start here:
https://eumovement.wordpress.com/2010/0 ... to-travel/

Don't forget family members will need to gain entry into France and Italy as well as return safely to UK.
Expect delays, stress, hassle and questions.

You could smooth the outward journey with Schengen visas.

You should eventually get back into UK but you will need to carry the whole SS bundle with you.
Don't lose it in transit as you will also need it for any future application for confirmation of PR for family members (if, despite Brexit, there is still time to acquire PR in the normal way).

[AMEER_AK]

Thank you Noajthan

My only concern with this advice was that this time round, I will not be entering the UK as a British citizen exercising my freedom of movement rights as I have already relocated to the UK 6 months ago. This time, I am coming back merely from a holiday, as opposed to after having lived and worked in another Member State and thus exercising my freedom of movement rights.

I have called every possible number at the Home Office and UKVI but no one can give me any advice or information. So frustrating.

I wonder if there is anyone else who has been in this situation and what happened at the Border Control.

I am worried of taking the risk as we are leaving our 2-year old son with our grandparents in London when we go to the mainland for 10 days. The last thing we need is for my wife and stepdaughter to be refused entry. The stepdaughter has school as well in the UK.

Of course, we may have to not go and lose the money we have paid for the hotel etc, but that would also be a real shame.

[AMEER_AK]

PS: My wife and stepdaughter still have their EU Residence Permit, which was issued as "Family Member of an EU Citizen"

[noajthan]

PS: My wife and stepdaughter still have their EU Residence Permit, which was issued as "Family Member of an EU Citizen"

But if issued in another country and you've been away over 6 months then continuity of residence in that country will have been broken.

[AMEER_AK]

noajthan

"But if issued in another country and you've been away over 6 months then continuity of residence in that country will have been broken."

Not sure exactly what you are referring to. Their EU residence cards will be sufficient to travel to the EU. Even if they are not, they can travel with me under EU directive as I (British) am travelling to another Member State with my non-EU family members. As I understand, this is less of a problem that travelling back to the UK.

I was thinking that we may be able to enter the UK with their EU Residence Cards, but we would have to show that my "centre of life" is currently in the EU for us to be able to travel without an EEA Family Permit (I think....).

Also, thinking about it, on what grounds would they be issued with a new EEA Family Permit???? I am no longer exercising my EU rights of free movement to qualify for a new EEA Family Permit under Surinder Singh as I already reside in the UK!???

All in all, it's getting very silly. It is such a contradiction...my wife and stepdaughter can live in the UK, work, have access to NHS and state education...but CANNOT re-enter the country until issued with a RC, which takes up to 6 months.

[noajthan]

noajthan

"But if issued in another country and you've been away over 6 months then continuity of residence in that country will have been broken."

Not sure exactly what you are referring to. Their EU residence cards will be sufficient to travel to the EU. Even if they are not, they can travel with me under EU directive as I (British) am travelling to another Member State with my non-EU family members. As I understand, this is less of a problem that travelling back to the UK.

I was thinking that we may be able to enter the UK with their EU Residence Cards, but we would have to show that my "centre of life" is currently in the EU for us to be able to travel without an EEA Family Permit (I think....).

Also, thinking about it, on what grounds would they be issued with a new EEA Family Permit???? I am no longer exercising my EU rights of free movement to qualify for a new EEA Family Permit under Surinder Singh as I already reside in the UK!???

All in all, it's getting very silly. It is such a contradiction...my wife and stepdaughter can live in the UK, work, have access to NHS and state education...but CANNOT re-enter the country until issued with a RC, which takes up to 6 months.

I mean if its a Slovenian card and family has been away from (or left) that country for 6 months it shouldn't be valid anymore;
in your case, noone resides in Slovenia anymore so continuity of residence has ended.

Yes, in general a valid Article 10 RC would help cross internal EU borders.

Yes, you can try and invoke the Directive but don't expect every airline or ferry check-in clerk and/or border guard that you come across to understand it and accept it.

To get any FP (or to reenter UK without a FP) you would have to submit/carry all your old SS evidence.

The (up to) 6 months timeline to issue a RC is itself mandated by the EU Directive, so its EU silliness and nothing to do with UK per se.

[AMEER_AK]

What does SS mean?

Also, for the sake of clarity, the 6-month rule you refer to when discussing the EU family residence permit is not correct. I am not trying to prove "who knows more", but simply wish to state a fact. The legislation regarding EU family residence permit in the EU does not have this as a pre-condition. In the event that I am wrong, please could you forward a link to the relevant information?

[ohara]

What does SS mean?

Also, for the sake of clarity, the 6-month rule you refer to when discussing the EU family residence permit is not correct. I am not trying to prove "who knows more", but simply wish to state a fact. The legislation regarding EU family residence permit in the EU does not have this as a pre-condition. In the event that I am wrong, please could you forward a link to the relevant information?

SS = Surinder Singh

What is an "EU family residence permit" ? Do you mean an EEA family permit, or an EEA FM residence card?

[noajthan]

What does SS mean?

Also, for the sake of clarity, the 6-month rule you refer to when discussing the EU family residence permit is not correct. I am not trying to prove "who knows more", but simply wish to state a fact. The legislation regarding EU family residence permit in the EU does not have this as a pre-condition. In the event that I am wrong, please could you forward a link to the relevant information?

There is no 'EU family residence permit'.
There are just RCs and DCPR/PRC - and the concept of continuity of residence, one of the cornerstones of free movement.

Check Directive:
http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF

I leave seeking out its transposition into Slovenian domestic legislation as an exercise for interested reader; tip: google is your friend.