Travelling while EU citizen is away

[LineLove85]

Hi everyone, I’ve recently got my pre settled status and I have a few questions regarding travelling that hopefully someone here would be able to help.

My EU husband is currently on a work trip(combining with holidays) in Asia and will be back mid June-July. He’s receiving his monthly wages , paying his taxes etc. He does remote work for his UK based company so basically he can work from wherever he wants. I’m planning some holidays and I’m terrified of being asked at the border where he is and if I say he’s on holiday they would ask when he will be back and find suspicious. I don’t need a schengen visa so I’m just worried of what might happen when I return to the UK.
Has anyone traveled when their EU partners were temporarily away?

Thanks in advance!

[Alijee786]

What i have seen on this forum, few people had travel experiences. And from their point of view they had no problem at all. No extensive questioning. Apart from that i also read that settlement scheme does use an eu sponsor but after the status the sponsor had nothing to do with your status. In a way you are totally independent. But its always better to have few more words from other users. I am just telling you what i read. No personal experience!

[LineLove85]

Thanks for replying! Yes I’ve read that once the status is granted it is as if the non Eu is independent but I find hard to totally believe in that as we are still required to show evidence of the EU citizen once we are entitled to settled status.

[secret.simon]

once the status is granted it is as if the non Eu is independent

Where did you read that? That is, to the best of my knowledge, not true.

Your residence status in the UK is dependent on the EEA sponsor residing in the UK (there is no requirement for you to reside together, but the EEA citizen must be resident in the UK). You only acquire an independent right to reside when you acquire Permanent Residence/Settled Status or if you acquire a retained right of residence due to a divorce from or death of EEA sponsor.

[hanihani]

It's hard to manage every reply here
But i have seen some people give the wrong advice and at time divert attention from OP to something else
That isn't true. As you mentioned Simon pre settled stauts is still depending on your partner and you will be asked .. there is only one thing no one can ever tell you which is the intensity of questioning... it depends on the officer and airport. Sometimes i get asked one question, other times 10 questions, however if your partner is on holiday and you are genuinely still together and can get hold of him ( they called my partner once when i was at airport) then you have no issue at all

[Zerubbabel]

If you have a Permanent Residence or Settled Status, you are independent of your sponsor.

But:

If you have pre-Settled, you are not independent form the sponsor. To keep your right to reside in the UK, your sponsor has to keep exercising Treaty Right in the UK (Working, Studying, Self sufficient...)

If you sponsor left the UK and is pursuing his life abroad, your situation will become progressively unsustainable.

At the border, most often than not they ask about the sponsor but it's hard to predict really. My wife was asked about me just 10 days ago... She has a Permanent Residence and she is settled. I know also a person whose EEA sponsor left the UK years ago and she even uses her EEA card to travel for holidays and she was never asked about him

[LineLove85]

If you have a Permanent Residence or Settled Status, you are independent of your sponsor.

But:

If you have pre-Settled, you are not independent form the sponsor. To keep your right to reside in the UK, your sponsor has to keep exercising Treaty Right in the UK (Working, Studying, Self sufficient...)

If you sponsor left the UK and is pursuing his life abroad, your situation will become progressively unsustainable.

At the border, most often than not they ask about the sponsor but it's hard to predict really. My wife was asked about me just 10 days ago... She has a Permanent Residence and she is settled. I know also a person whose EEA sponsor left the UK years ago and she even uses her EEA card to travel for holidays and she was never asked about him

Thanks for replying! He hasn’t left the UK, he’s supervising a project from his UK based company and will be doing some travelling during the summer. Like I’ve said he’s receiving his monthly wages and paying his taxes and also he’s coming next month for our anniversary and then goes back to Japan for another month. My worry is that if I say he’s on holiday or travelling for work they would question even more.

[LineLove85]

once the status is granted it is as if the non Eu is independent

Where did you read that? That is, to the best of my knowledge, not true.

Your residence status in the UK is dependent on the EEA sponsor residing in the UK (there is no requirement for you to reside together, but the EEA citizen must be resident in the UK). You only acquire an independent right to reside when you acquire Permanent Residence/Settled Status or if you acquire a retained right of residence due to a divorce from or death of EEA sponsor.

Here in the forum but like I said I find hard to believe that as you still have to show evidence the EU citizen is in the country to apply for settled after pre settle. But that wasn’t my question, if an EU citizen is temporarily away and will be back in 3 months(he’s coming next month for our anniversary) does the IO can be aggressive with questions? I’m a non visa national if that helps in any way.

[LineLove85]

It's hard to manage every reply here
But i have seen some people give the wrong advice and at time divert attention from OP to something else
That isn't true. As you mentioned Simon pre settled stauts is still depending on your partner and you will be asked .. there is only one thing no one can ever tell you which is the intensity of questioning... it depends on the officer and airport. Sometimes i get asked one question, other times 10 questions, however if your partner is on holiday and you are genuinely still together and can get hold of him ( they called my partner once when i was at airport) then you have no issue at all

I know, I think I might be overthinking as I never had any problem at the border when I was on a student visa but heard horrible stories about people having their rc cancelled on border. I’m considering applying for the registered traveller scheme but first need to travel out of the country four times before I’m eligible. They could call him but considering the timezone they might not be able to get in touch with him if is late there.

[Garth1989]

I travel in out the country at least once a month on my BRC and passport officers are usually friendly and don't ask many questions. Usually the questions are very standard like "What is your relation to the EU national" "Is your EU national in the country(just say yes with confidence)". Sometimes they ask me for finger prints, sometimes not. Usually done in less than a minute, no stamps or anything.

Just be confident and friendly. You have nothing to worry about anyway as your EU national is still exercising treaty rights

[LineLove85]

I travel in out the country at least once a month on my BRC and passport officers are usually friendly and don't ask many questions. Usually the questions are very standard like "What is your relation to the EU national" "Is your EU national in the country(just say yes with confidence)". Sometimes they ask me for finger prints, sometimes not. Usually done in less than a minute, no stamps or anything.

Just be confident and friendly. You have nothing to worry about anyway as your EU national is still exercising treaty rights

Thanks for replying!! I know the secret is to reply with confidence but I’m terrified of lying and then somehow they notice and it turns into a big issue. He’s still getting paid, paying taxes so if they check that(no idea if they do or can do that at the border) they would confirm he’s still exercising treaty rights. If I say he’s on holiday but will be back in the summer might raise suspicions...no idea what to do :/

[Richard W]

If you have a Permanent Residence or Settled Status, you are independent of your sponsor.

But:

If you have pre-Settled, you are not independent form the sponsor. To keep your right to reside in the UK, your sponsor has to keep exercising Treaty Right in the UK (Working, Studying, Self sufficient...)

Careless rubbish here. The sponsor has to continue residing in the UK. Zerubabbel is confusing the EU settlement scheme with the EU freedom of movement (as should be set out in the EEA Regulations 2016). The relationship is that satisfying the requirements of EU freedom of movement shall be enough to satisfy the requirements of the EU settlement scheme.

[LineLove85]

I’ve decided to apply for the Registered Traveller so I can use the e-gates and not having to go through an excruciating interview every time I come back from holidays.
If you’re from one of those countries below is well worth the £70 annual membership fee.

A passport holder of Andorra, Argentina, Bahamas, Belize, Botswana, Brazil, Brunei Darussalam, Chile, Costa Rica, El Salvador, Guatemala, Vatican City State, Honduras, Hong Kong Special Administrative Region, Israel, Macao Special Administrative Region, Malaysia, Maldives, Mexico, Monaco, Namibia, Nauru, Nicaragua, Panama, Papua New Guinea, Paraguay, Samoa, Seychelles, Saint Vincent and the Grenadines, Taiwan (passport must have a personal identification number), Tonga, Trinidad and Tobago, Uruguay

https://www.faster-uk-entry.service.gov ... ligibility