Traveling without EEA spouse

[Murka]

Hi all! Just hope somebody can comment on my recent expirience at Gatwik Airport.
I was arriving with kids from our holliday (we are all on 5 years residense permit) and IO asked me about my husband's (EEA national) wereabout. I told him that my partner was visiting his parents(in his home country) and due back in London in 2 weeks time. IO said that in this situation my visa "theoreticly not valid". We have been married for 3.5 years, live in uk(in own property) and my husband is working in uk. After some talking he let us pass but still said that my EEA partner must be in UK or travel with me in order for my visa to be valid.
I was in same situation 2 years ago and IO after all qestions and answers was happy to let me throu without any comments.
Now I am confused about my rights and visa conditions. Please comment.

Thank you in advance.

[vinny]

(2) A person is not entitled to be admitted to the United Kingdom as the family member of an EEA national under regulation 11(2) unless, at the time of his arrival—

(a) he is accompanying the EEA national or joining him in the United Kingdom; and

(b) the EEA national has a right to reside in the United Kingdom under these Regulations.

However, see also Categories of passenger > EEA nationals & their family members (5.1 and 5.4)

[Murka]

Thank you Vinny for very useful information.

[Skywards]

Hi Murka,

I travel extensively both for work and socially. Like you, I have a 5 year permit although I am currently waiting for my PR application to be finalised shortly. Having flown into LHR/Stanstead/Gatwick etc, I have never had any problems at immigration. They usually try to ascertain credibility by asking what natonality your spouse is and 'are you travelling alone today' (when I am on business).

Happy future travelling.

[Pasha]

They have no grounds to refuse you entry as all of this would have been checked in order for the HO to issue you the residence cards in the first place. Asking would be, I think, just to see if your circumstances have changed or not and I would guess a formality.

I recently was asked the same question and the IO said to me it is to satisfy themselves that my EEA spouse resides in the UK, we live together and my spouse is in the UK exercising a treaty right since our residence cards had been issued.

[Murka]

Hi! Thank you Skyward and Pasha for shearing your expiriense.

I think in my case problem was that my husband was not phisicly present in UK at the time of my arrival (according to IO it made my RC not valid). But according to Vinni's post EEA national can be absent for up to 6 months. I gues is depends on IO how you will be treated. I was not asked to produce any documents confirming my husbands residence. It's just comments that IO made were hush- that I had no right to be in UK.
I am glad that at least I and our two small kids were allowed to enter and not held by immigration for hours. Probably should not travel again without husband

[joelondon]

Hi! Thank you Skyward and Pasha for shearing your expiriense.

I think in my case problem was that my husband was not phisicly present in UK at the time of my arrival (according to IO it made my RC not valid). But according to Vinni's post EEA national can be absent for up to 6 months. I gues is depends on IO how you will be treated. I was not asked to produce any documents confirming my husbands residence. It's just comments that IO made were hush- that I had no right to be in UK.
I am glad that at least I and our two small kids were allowed to enter and not held by immigration for hours. Probably should not travel again without husband

does any one knows why they ask those question in the police passport control in the uk airport,
whats your wife nationality?

do u live together ?

do you work ?

does your wife works ?

how long you have been away for...bla bla bla ?

and what about the computer that they have in front of them ? what they can check on those computer ? anyone knows plz....how the Home office can find out how long you have been away for , it at the first place they dont stamp your passport on the way out ?

does anyone knows if at Heathrow and Gatwick airport they stamp the passport on the way out . many thanks and plz help

[UKBAbble]

"The Border and Immigration Agency maintains a watchlist of adverse information and intelligence which is used to inform immigration decisions. It is longstanding policy not to discuss either the specific data held on this watchlist or the source of the data. This information is stored in line with our strict data entry criteria, ensuring accuracy and relevance of information, and complies fully with the Data Protection Act. Watchlist data is routinely shared with other jurisdictions, including Ireland, where it is proportionate and of mutual interest to do so, and where appropriate safeguards are in place. "

There are currently no emarkation stamps at any UK ports.