EEA3/EEA4 - Need to travel advise and forms with HO

Sanchez · Post by **Sanchez** » Mon Nov 08, 2010 10:38 pm

Hi guys,

I need some help and advise please if someone can help. We applied for my wifes PR using both the EEA3 and EEA4 forms and now due to my wifes grandmother passing away need to travel for her funeral etc.

What can we do here? Can we request the passports back and the case remains open until we get back?

We received the COA on 22 Oct 2010 via a solicitor which my wife insisted on using when i told her we didnt need a solicitor but as this solicitor dealt with her leave to remain visa she felt more comfortable going through him again. Not forgetting he's charging her a fortunate for something we quite easily could of done ourselves without paying anything under those eea forms.

Putting that aside for one minute what can we do here? We need to travel on 27th December so gives us a little bit still but absolutely lost as to what we can do.

The problem we have also is that in order to apply for the PR it can only be done 1 month before the original leave to remain visa expires which means she will have an expired leave to remain visa on her return to the UK so what happens here? I'm a british born citizen but have dual nationality being from Spanish parents and therefore use a spanish passport and if we were to return to the UK i presume they would have to allow her to enter the UK with me even with her expired visa being married for the past 5 years and living in the UK right? If shes travelling without me lets say what would happen then?

If someone could help that would be much appreciated as completely lost due to different people saying different things?!

86ti · Post by **86ti** » Tue Nov 09, 2010 8:43 am

Sanchez wrote:What can we do here? Can we request the passports back and the case remains open until we get back?

http://www.ukba.homeoffice.gov.uk/eucit ... n/#header3

Sanchez · Post by **Sanchez** » Tue Nov 09, 2010 10:31 am

thank you very much and what do they do in these situations then? do they put the application on hold until you return or do you have to re-submit everything? just wondering if anyones been in this situation?

86ti · Post by **86ti** » Tue Nov 09, 2010 10:43 am

Many have been in this situation (search the forum). The application will proceed without the passport which may be asked to be resent to Liverpool at a later time or the Residence Card will be issued on an A4 sheet.

Sanchez · Post by **Sanchez** » Tue Nov 09, 2010 12:37 pm

The other question i have is that my wife was told by the solicitors earlier this year that she could only apply for the PR a month before her current 5 year leave to remain visa expired which is what we have done. As a result of this it has expired whilst the application is with the HO for the PR so what will happen now if we leave the country in respect to her entering the UK? will she not be allowed to re-enter the UK even though the PR application is with the HO? someone told me that as long as she returns with me then thats ok but if she returns on her own she might experience problems so does anyone know? the good thing is the home office have all our details correct on their system due to past experiences at airports so clearly have a record of who she is etc but as we need to travel now and with that expired on her passport really dont know what would happen and also need some help and advise on this if someone can help!

86ti · Post by **86ti** » Tue Nov 09, 2010 1:08 pm

UK border guards would let her in - eventually. Problem is carrier or possible exit checks. The 'cleanest' way would be to apply for a EEA family permit at the local consulate.

Sanchez · Post by **Sanchez** » Tue Nov 09, 2010 1:52 pm

86ti wrote:UK border guards would let her in - eventually. Problem is carrier or possible exit checks. The 'cleanest' way would be to apply for a EEA family permit at the local consulate.

When you say local consulate i presume you mean here in the uk right?

86ti · Post by **86ti** » Tue Nov 09, 2010 2:08 pm

Sanchez wrote:
86ti wrote:UK border guards would let her in - eventually. Problem is carrier or possible exit checks. The 'cleanest' way would be to apply for a EEA family permit at the local consulate.
When you say local consulate i presume you mean here in the uk right?

No, that would be illogical as it can be only a UK authority. It's the consulate of the destination country, of course.

Sanchez · Post by **Sanchez** » Tue Nov 09, 2010 2:12 pm

Also the problem we have is that the HO have all our documents at the moment but the good thing is that i think they only ask for passport and marriage certificate for this but what i need to know is how long does this take and where is it done, croydon?

So if i'm correct in what you have said what i would need to do is requests the passports back and then file a EEA family permit request with croydon right? Is this something they can do on the day as i'm sure i've read that somewhere and presume its a queuing thing not an appointment thing right?

I really appreciate all the help here but if you can help that would be great as then what we will do is request the passports back now leaving the application open for her PR and then go and get the EEA family permit done right?

86ti · Post by **86ti** » Tue Nov 09, 2010 2:32 pm

Sorry, but you really have to (re)read what I have said, also the links I gave you. The EEA family permit is an entry clearance (like an entry visa) and as such obviously can only be applied for outside the UK at one of their consulates. Yes, you do not have your documents and your only option will be to contact the consulate in advance and try to find out how you can possibly proceed, or try to convince the airline (or the staff of the carrier you intend to use) that she indeed has the immigration status that she claims to have. I have not much faith that the latter will succeed.

Just to make sure: is your spouse actually a visa national? If not then the problem will be only with UK border guards.

Sanchez · Post by **Sanchez** » Tue Nov 09, 2010 2:44 pm

My wife is Mexican and I was British born but due to dual nationality have Spanish citizenship and Spanish passport all cleared by Spanish consulate and HO due to being borne here. We are having to go to Mexico due to a family member passing away. So we have to then contact the British consulate in Mexico for this from what you are saying? Sorry to ask but have been given such different information from different people its getting a little confusing to say the least?!

86ti · Post by **86ti** » Tue Nov 09, 2010 3:18 pm

Mexicans are non-visa nationals which means that she should have no problems by just hopping on the plane. Makes it much easier because you can skip the EEA FP step and the only head ache should be the UK border guards. Equip your wife with all evidence that you have of your applications, in particular with the CoA, and for good measure with evidence of your whereabouts and doings in the UK if she is travelling alone. May be some hassle with some border guards but if problems arise make sure to remind them of their legal obligations under Provision 11(4) (they also have this information in their operations manual but the online version is not very 'on' at the moment).

Sanchez · Post by **Sanchez** » Tue Nov 09, 2010 4:29 pm

86ti wrote:Mexicans are non-visa nationals which means that she should have no problems by just hopping on the plane. Makes it much easier because you can skip the EEA FP step and the only head ache should be the UK border guards. Equip your wife with all evidence that you have of your applications, in particular with the CoA, and for good measure with evidence of your whereabouts and doings in the UK if she is travelling alone. May be some hassle with some border guards but if problems arise make sure to remind them of their legal obligations under Provision 11(4) (they also have this information in their operations manual but the online version is not very 'on' at the moment).

Excellent as i'm impressed with the professionalism in producing the legal obligations as thats exactly what i need. I think we are going to have to make them aware we require the passports and like you said prepare ourselves for her coming back into the UK. As the perfect scenario would be for us to both return together as with me being there would be easier but due to work commitments this might not be possible which is why we are looking into what can be done. We have been through a situation already in which the HO system wasnt updated with details of our case showing she had the 5 year visa to remain which meant we spent a long time discussing this with UK border guards. But they could tell we havent got nothing to lie about or hide and once confirmed in their i presume telephone calls to investigate apologised and said the system would be immediately updated. So as you mentioned it will be a case of acquiring all the documents we need to ensure when she comes back that this is presented to them as to why her 5 year visa is expired and that there is a current HO application for her PR with COA etc etc.

Must say you have been superb and hopefully we can get something resolved at the end of it and if i need anymore help i know where to come!

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EEA3/EEA4 - Need to travel advise and forms with HO

EEA3/EEA4 - Need to travel advise and forms with HO

Re: EEA3/EEA4 - Need to travel advise and forms with HO