iF IT's A RIGHT , WHY DO i Need A FP?

[Itabra]

Hi All,

I would like to have an opinion or clarification about this....

my wife is non-EEA family member of an EEA person and has been living here for more than 5 years. I 'm European exercising treaty rights for more than 5 five years.

We applied for EEA4 more than two months ago but as she had a flight already booked , we asked the passport back while all the other docs (payslips, residence proof and other...) are still whit HO.

Along with the passport, we received a letter from HO saying she "should" apply for a Family Permit before to come back in UK. I believe this means to complete the VAF5 that actually seems to require more infos than the EEA4 and the same documentation ( the documentation that HO has got, and I have no more).

It seems like doing the process twice.

Everybody says that after 5 year living legally in UK exercising treaty rights a non-EEA family member of an EEA person acquires the right (it's not a concession anymore) to reside in UK.

I'm wondering what happen if such a person comes back in UK without FP.

Do you have any Idea or experience? Do we really need for a FP ?
does the "should" mean that in some circumstances it is required a FP?

THank you.

[mrlookforward]

This has been discussed many times on this forum. To cut the long story short, airline won't let a passenger board the aircraft until they see a valid visa sticker. Airlines are not interested in interpreting or understanding eu directives, they just want hard proof that passenger has permission to land at their destination country. So, FP is required. what's her nationality?

[Itabra]

Hi thanks for your reply and sorry for asking again then...

she is Brazilian and doesn't need a VISA to enter in UK as tourist. So the airline shouldn't create any problem. Also because she will come back with our daughter that has got an European passport.

My doubt is what happen once she arrives in UK and maybe they will ask " how long will you stay here for?" ans SHe will reply " I live here". Can they ask for an FP?
She has got the COA. Is the COA enough to enter ?


thanks

[Plum70]

Your wife should be fine; it helps that she is not a visa national.

Armed with your marriage certificate, proof of treaty rights being exercised in the UK, her certificate of application from the UKBA and valid passport she will be absolutely secure in saying "I (and my daughter) live here".

[mrlookforward]

Totally agree with plum.
Also please note that your wife's eea4 application is still with UKBA. Withdrawl of passport doesnt withdraw the application in eea cases.

[Itabra]

Hi guys,
thank you for clarifying.

My wife came back and she had no problems to enter. Just few questions and a quick check of documents she brought along.

Maybe she waited 5 minutes only.

Thank you again.

COuld you tell me what's happen now?
Should I send her passport back to HO straightaway?
Should I wait the HO to ask the passport back?

What did it happen during this period? Was the applicatoin suspended or they still go on even without the passport?
Does the six month period start again?

Thank you

[Plum70]

Wait until the HO requests the passport back. The application is not hampered in any way by the withdrawal of your wife's passport.