can i pass at eu section at airport

jsurferguy · Post by **jsurferguy** » Wed Oct 29, 2008 10:13 pm

Hi, i am going to get married and when coming back to the uk, i was wondering if when already married to my eu fiancee i can pass together with her.
Any suggestion will help a lot ! and if there is a place where i can get free immigration advice or where you can advise me to seek immigration help i shall be very greatful !.

thanks

Post by **Frontier Mole** » Wed Oct 29, 2008 10:22 pm

It might help if you tell us what country you are from and what status you have in the UK, if not a UK Cit.

jsurferguy · Post by **jsurferguy** » Wed Oct 29, 2008 10:30 pm

I am travelling to south africa with my girlfriend from slovakia, and i am on a student visa .

Post by **Frontier Mole** » Wed Oct 29, 2008 10:53 pm

You will still have to go through the non EEA side as that is what you are. Your marriage does not give you EEA status but allows you entry on the back of the EEA family member. She should go through with you on the non EEA side.

Are you applying for the EEA family member permit is SA?

jsurferguy · Post by **jsurferguy** » Wed Oct 29, 2008 11:04 pm

no, i am not planning to as it will take too long and i will miss my start date at university or else, do you think that will be a problem ?

Post by **Frontier Mole** » Wed Oct 29, 2008 11:16 pm

It will not be a problem, you have a student visa so it will be ok.

jsurferguy · Post by **jsurferguy** » Wed Oct 29, 2008 11:25 pm

Many thanks mate, i am a bit more relieved with your answer, do you have any advise as to what i have to hold with me please ? and as in terms of accomodation, we are living in a shared flat, you think that might be a problem ?

Post by **Frontier Mole** » Thu Oct 30, 2008 6:11 pm

As long as you have permission for her to join you at the flat from the landlord it wil be fine. She is an EEA national so they can not stop her from entering, the rules are very different, even if you did not have adequate accomadation for both of you it does not matter. You need the visa and to meet the rules that apply to it, she does not.

jsurferguy · Post by **jsurferguy** » Thu Oct 30, 2008 6:53 pm

This is so frustrating, i appreciate your support over here. You guys have answered so many of my questions so far.

I have spoken to an immigration agency, they told me that if when married and coming back on my student visa, the immigration officer may refuse the right of entry on the ground of deception. She says that it is better to get an eea family permit from my country before coming back. Then i will enter as a family member rather than a student, which will be less hassle for me. But my problem is if i apply for the eea family permit before coming, i don't know how much time it will take and i will miss some days in my university which can be a bad thing.

Any advise on this please ? i read the directive 2004/38/ec and this is what it says on wikipedia, i don't know if it is right or not.

Right of admission to the United Kingdom 11. (...) (2) A person who is not an EEA national must be admitted to the United Kingdom if he is a family member of an EEA national, a family member who has retained the right of residence or a person with a permanent right of residence under regulation 15 and produces on arrivalâ€” (a) a valid passport; (...) ( 4) Before an immigration officer refuses admission to the United Kingdom to a person under this regulation because the person does not produce on arrival a document mentioned in paragraph (1) or (2), the immigration officer must give the person every reasonable opportunity to obtain the document or have it brought to him within a reasonable period of time or to prove by other means that he isâ€” (...) (b) a family member of an EEA national with a right to accompany that national or join him in the United Kingdom; or (c) a family member who has retained the right of residence or a person with a permanent right of residence under regulation 15.

Post by **Frontier Mole** » Thu Oct 30, 2008 10:58 pm

Er NO.

Your student visa is what is states, it has been granted to you so you can study at the course / establishment you have declared. It does not matter that you have become married to an EEA national. HOWEVER the student visa is issued on the basis that you will return home at the end of your studies, you are probably not going to do that. That is not deception, it however a change of circumstances. That is why I asked are you going to get an EEA family permit, it just makes life so much easier.

You might be surprised at how quick the turn around time is for the permit in SA. Give them a phone and enquire. If you apply on day one you might get it back before you have to leave. It is free so you will not be out of pocket.

INSIDER · Post by **INSIDER** » Fri Oct 31, 2008 12:25 am

I am afraid I will have to contradict the advice Frontier has given in two respects.

1) Immigration officers are required to see all passengers at any control where they present themselves. In practice however it does not work like that. If you as a non- EU national without an EEA family permit or a certificate of a right of abode present yourself at the EEA control, the chances are you will be requested by the IO to go to the non EEA control.However, if you are travelling with and as the spouse of an EEA national, even if you do not have a family permit you can be seen at the EU control.

2)If you are studying for a UK degree then the requirement that you have the intention to return home at the end of your studies is no longer necessary. It is perfectly acceptable for students to switch into a work permit category or the IGS programme at the end of their studies.

Post by **Frontier Mole** » Fri Oct 31, 2008 8:25 am

As regards contradiction.

1) Is more or less the same advice. Some IO's are less than happy with non EEA types at an EEA control. As for family member - with a family permit yes, without - no. It will be the EC that is in the passport that matters not what the PAX states.

2) It still states students are expected to return home. IGS and WP die on 27th November; PBS comes into being for those areas. IGS only gave a two years work extension, while WP gave you just about anything.
PBS - students will get two years post study work for two years (if they qualify) but it counts zero to ILR etc. So unless they can go to Tier 1 - very unlikely - yip they are still expected go home.

INSIDER · Post by **INSIDER** » Fri Oct 31, 2008 11:45 am

Frontier Mole wrote:As regards contradiction.

1) Is more or less the same advice. Some IO's are less than happy with non EEA types at an EEA control. As for family member - with a family permit yes, without - no. It will be the EC that is in the passport that matters not what the PAX states.

2) It still states students are expected to return home. IGS and WP die on 27th November; PBS comes into being for those areas. IGS only gave a two years work extension, while WP gave you just about anything.
PBS - students will get two years post study work for two years (if they qualify) but it counts zero to ILR etc. So unless they can go to Tier 1 - very unlikely - yip they are still expected go home.

Still disagree.

1.A German national comes up to the EU control with his US wife who is here on a visit. What should the IO do? I would argue he is duty bound to see them both. If he refuses to he will have to justify it to the CIO and no CIO would support him in private.

2. As for intention regarding students.Read chapter 3 section 3 [20.2] of the IDIs. Cannot post the link here without posting the whole instructions.

Post by **Frontier Mole** » Fri Oct 31, 2008 7:22 pm

I think it very much depends on the port and what the circumstances are, I know that some IO's will send the non-EEA on their way if there is not proof of the marriage in the in the non-EEA passport. As for duty bound - now you are having a laugh. I have worked at three ports and have seen the various approaches from I do not care to get back to your own queue. If you are at a bucket & spade port the â€œI do not care attitude is the norm.â€

jsurferguy · Post by **jsurferguy** » Fri Oct 31, 2008 7:52 pm

This is getting quite interesting. I am doing a degree course, on the last year as well. So if i am returning to the uk still having a valid student visa and a now an eea family permit accompanied by my eu wife who has a resident card and her workers registraction scheme certificate too and passing to terminal 3 or 4 that it would be difficult to pass through the eu section or they can even not let me go through there . ?

What i would like to know as well is if i don't complete the uk degree, it does not grant me any rights to stay in the uk with my future wife ?

Well i guess if yes in asnwered on both question, changes should be made to the eea family permit on the wikipedia !

Post by **Frontier Mole** » Fri Oct 31, 2008 8:13 pm

You will at some point have an EEA family permit; it is a question of when not if.
Once you have that forget about the ramblings of myself and others. You are as good as in. You will have access to all things EEA so need to worry about your position in the UK as long as your wife is exercising her treaty rights. Give it 5 years in the UK with a residence permit and then you are as good as British!

The rest is a difference in how some ports tackle certain operational points. Bigger ports have a tendency to do things slightly different from smaller ports or where the majority of passengers are Brits.

I am sure you will be fine. It is in my opinion easier for you to go through the non EEA side of things if you are relying on the student visa to return. If you have the EEA family permit go through the EEA side. My colleague disagrees and feels you should go through with your EEA wife through the EEA channel. We are talking saving a few minutes one way or the other about entering the UK.

jsurferguy · Post by **jsurferguy** » Fri Oct 31, 2008 9:06 pm

Many thanks for all of you guys who replied the thread, i am getting a better idea now. I call the british high comission back home and asked how long the process should take, and they said, if i have all documents, it should not take more than 2 days, so i will apply for it.
Frontier Mole, you have been a star with all your support i am very grateful.
I will post the outcome when i am back

irakra · Post by **irakra** » Mon Nov 03, 2008 8:01 pm

It depends on the country you are going to visit. I think you should contact the Embassy. In some countries if you travel with you spouse you don't need a visa if they accompany you.

jsurferguy · Post by **jsurferguy** » Tue Nov 04, 2008 4:31 pm

i am coming back to the uk ! so i guess i will have to come with my futher wife in cause they get a bit picky!

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can i pass at eu section at airport

can i pass at eu section at airport