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Travelling with COA while waiting for Residence card

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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J10M
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South Africa

Travelling with COA while waiting for Residence card

Post by J10M » Tue Nov 21, 2017 4:39 pm

Hello,

I have a COA with right to work etc, and I used the EEA passport return service, so I have my passport.
Family permit visa expires on 5 December 17.

Do you think I would have any issue returning to the UK based on my family permit stamp and my COA - with right to work.

Keep in mind I am an unmarried partner to an EEA Citizen.

Thanks

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CR001
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Re: Travelling with COA while waiting for Residence card

Post by CR001 » Tue Nov 21, 2017 4:56 pm

A CoA is not a visa or a travel document. If you travel after your family permit has expired, how do you propose to board a flight with no visa for the UK?
Char (CR001 not Casa)
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J10M
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South Africa

Re: Travelling with COA while waiting for Residence card

Post by J10M » Wed Nov 22, 2017 9:50 am

CR001 wrote:
Tue Nov 21, 2017 4:56 pm
A CoA is not a visa or a travel document. If you travel after your family permit has expired, how do you propose to board a flight with no visa for the UK?
Hence me asking the question.

So if I have an emergency where I need to leave the country and then return back to the UK, I cant?
Would be travelling with my EEA partner, with my Passport showing my EEA FP visa (albeit expired) to that partner and my COA showing that my application is pending.

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CR001
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Re: Travelling with COA while waiting for Residence card

Post by CR001 » Wed Nov 22, 2017 10:00 am

As an unmarried partner, you have no automatic rights like a married couple would have.

An airline in another country is not going to even look at a piece of paper stating you have an application in process with HO. They want to see a visa to avoid substantial fines.
So if I have an emergency where I need to leave the country and then return back to the UK, I cant?
Of course you can. Withdraw your application, get documents, travel and apply again from abroad.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
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CR2018
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Re: Travelling with COA while waiting for Residence card

Post by CR2018 » Mon Jan 22, 2018 8:03 pm

Hi group,

It took me a while to find this topic, hope you are still active.
J10M can you let us know what happened with your trip?

I believe my concerns are the same as J10Ms though not the same scenario.
I am the non-EEA spouse of an EEA (QP, who recently applied for PR), my EEA Family Permit expires in April 2018, I also have Working CoA and I am awaiting for a decision on my Residence Card (submitted by the end of last December).

My current employer needs me to travel to Spain and Italy for business reasons in 3 weeks time and probably on a semi-frequent basis.
I have already requested my passport back. I will be travelling by myself and I am planning to bring as many original documents as possible with me (including my CoA) however, most of them will remain with my EEA RC application.

I am worried about having issues on my coming back? Can I be denied entry into the UK? My wife is not coming with me and has to remain in the UK for work reasons.
I read regulation 11(4) which as per my understanding allows me to get into the UK for re-uniting with my spouse as long as I provide a valid passport and Family Permit. Would that suffice? Can this affect the decision on my RC?

Finally, once the Family Permit expires if I haven't received my Residence Card, is it possible to keep travelling because of working reasons?

Thanks for your aid,
CR

J10M
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South Africa

Re: Travelling with COA while waiting for Residence card

Post by J10M » Tue Jan 23, 2018 8:28 am

My situation was a theoretical one and not an actual one, I was just trying to understand what is and inst allowed while you hold a COA and are awaiting the Residence Card.

I would be under the impression you could travel, provided you return to UK before the Family Permit Expires.

Once that permit expires and should you have not received your Residence card at that stage, I would say font travel.

I am sure someone with more experience will provide some insight.

Check the timeline thread out, its possible that you will have your residence card before your April permit expiry.

GMB
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Re: Travelling with COA while waiting for Residence card

Post by GMB » Tue Jan 23, 2018 12:26 pm

CR2018 - You're in a much different situation from J10M. Assuming the flag you used is your nationality, then as a Mexican citizen you're a non-visa national for UK immigration purposes, plus the spouse of an EEA citizen, therefore with more robust automatic rights.
Scenario 1 - you still have a valid FP -- no problems travelling into and out of the UK as much as you want, with or without your spouse.
Scenario 2 - your FP has expired, you still don't have the RC, but you still need to travel:
a. Official position of the UK government is that you should apply for a new FP before coming back. Good thing for you is you're a non-visa national, so if you don't have time or this is otherwise inconvenient, then you can effectively ignore it, because:
b. You WILL be allowed onto a flight to the UK with nothing more than your passport, which is the big problem the visa nationals have. Therefore...
c. Once you arrive at UK immigration, you assert your right to enter under EEA rules. Have with you proof your spouse is residing in the UK and also proof she is exercising treaty rights in the UK. Also having proof you reside in the UK and your COA would help, and the expired FP in your passport won't hurt either. As your read in 11(4), as long as you can prove you have right of residence under EEA rules, you must be admitted. I did it myself a couple of times while I was waiting for my PR card to arrive. In both cases I had no problem at all. As a non-visa national, you're in the same position as me, so should be exactly the same for you.

REMUN
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Brazil

Re: Travelling with COA while waiting for Residence card

Post by REMUN » Fri Mar 09, 2018 5:27 pm

Hi!
I am facing a situation that maybe you can help me. I am an spouse of an EEA Member. I entered the UK on December and was granted an EEA Family Permit stamp. I started working and got my National Insurance Number. Last month I sent my application for an EEA Residence Card. I received a letter for the biometrics last week and already did that. So far so good!
The problem is that my employer wants me to take place in a training program in Sweden next month. It is actually very important that I am there as I will lead the project in future. I am planning on requesting my passport back as soon as I receive my CoA. So, here are my questions:
With this EEA Family Permit stamp from December and the CoA, can I reenter the UK?
Does my husband have to travel with me or can I go by myself?
The EEA Family Permit stamp has the same value of the EEA Family Permit Visa?
Will this affect my application in any way?
I really appreciate any advice from people who had been on the same situation or understand better about the subject.
Thank you very much!

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