Traveling back to the UK while waiting for Residence card

[Trent]

My family is going to Switzerland, my home country, for the Christmas period.

I'd like to know if, upon arriving back to the UK with an expired EEA Family permit, the "certificate of application" letter from the UKBA (received after the residence card application) and a marriage certificate, whether the immigration officers have any legal right to prevent entry.

I had assumed it was no problem but I ask since the letter I received together with the returned passports is confusing. It says:

Your passports are being returned to you as requested.

Family members of an EEA national, who are not themselves EEA nationals, wishing to return to the United Kingdom should apply for an EEA family permit at a British diplomatic post abroad before returning to this country. An EEA family permit is issued free of charge and on a priority basis.

It should be noted that any such application would need to be supported by evidence to show that the EEA national is in the United Kingdom, is exercising Treaty rights, and that the relationship is as claimed.

Please do not return your Passports to the Home Office until it as been requested by a caseworker.

Why does it say we "should" apply for another EEA family permit if we are currently awaiting a Residence card? If until such time as that application is decided we are to be treated for immigration purposes as a family member of a legally resident EEA national and, as such, free to live and work in the UK?

[Plum70]

Bienvenue mec!

You should have no problems re-entering with the docs you listed. As a precaution you may also want to take a copy of the relevant sections of the EU Directive (Article 5 esp.) and it's transposition into UK law which highlight that entry cannot be refused if one proves (valid passport + marriage cert or otherwise) that they are a non-EEA family member of a qualified union citizen.

Bonne fete en avance!

[Trent]

Salut Plum70!

The closest I cound find to a relevant passage in the law was from The Immigration (European Economic Area) Regulations 2006 here:

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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 arrival—

(a)a valid passport; and

(b)an EEA family permit, a residence card or a permanent residence card.

Is this what you were thinking of? Or do you have links to the relevant sections that you mentioned so that I can print them?

I note that 11.(2)(b) refers to "an EEA family permit, a residence card or a permanent residence card". Our EEA family permit has expired and we do not have the residence card yet (pending decision). So even if the "certificate of application" states that we are to be treated for immigration purposes as a family member of a legally resident EEA, if the immigration officer is having a bad day, can he argue we don't fullfill 11.(2)(b) to the letter?

[Moderator edit: English only]

Bienvenue mec!

You should have no problems re-entering with the docs you listed. As a precaution you may also want to take a copy of the relevant sections of the EU Directive (Article 5 esp.) and it's transposition into UK law which highlight that entry cannot be refused if one proves (valid passport + marriage cert or otherwise) that they are a non-EEA family member of a qualified union citizen.

Bonne fete en avance!

[Plum70]

See article 4 and 5 of this document: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

To add to this, as you are accompanying your wife with her valid passport, marriage certificate and CoA showing that a RC has been applied for, so you should have no problems. At worst the IO will place a 6 month leave to enter stamp in her passport but this does not confer any added rights of residence that she doesn't already have.

I have been trying to find (w/out luck) a post I read about a union national who showed up at the UK Border with his non-EEA wife and demanded entry based on the EU Directive. He presented their passports, marriage certificate, letter of employment and excerpts from the EU Directive. In the end the Immigration Officer placed a 'stamp 1A' in the non-EEA's passport and let them through.

You are one better because you have applied for a RC and have a CoA to prove it.

Enjoy your homeland over christmas. My husband and I will be there as well; he's Swiss and loves his mountains and Cenovis!

[fysicus]

The closest I cound find to a relevant passage in the law was from The Immigration (European Economic Area) Regulations 2006 here:

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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 arrival—

(a)a valid passport; and

(b)an EEA family permit, a residence card or a permanent residence card.

Is this what you were thinking of? Or do you have links to the relevant sections that you mentioned so that I can print them?

If you read just a little bit further you find

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(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 ... prove by other means that he is
(b) a family member of an EEA national with a right to accompany that national or join him in the United Kingdom;

IMHO this would mean that (if you are travelling together) even just passports and marriage certificate are sufficient, according to UK law itself.
Further evidence as a Certificate of Application and an expired EEA FP would add to your case.
The problem may not be the UK Border Control, but the check-in and boarding procedures of airlines and/or ferry operators.

It may indeed be handy to prepare yourself well and carry printouts of this Regulation 11 and/or directive 2004/38. Unfortunately the Border force operations manual is currently not available online.

[Trent]

Well I phoned the UKBA in Liverpool and they were adamant that I needed a family permit. They specifically stated that the CoA was not sufficient to allow entry and that it would be "very unlikely" that we would be allowed entry based on those documents. There was no use arguing EU directives, they did not want to hear anything that wasn't they way they said it should be.

That would leave me with 4-5 working days to arrange an appointment at the worldbridge services center, have documents sent to Paris, processed and sent back, all the week before Christmas. Doesn't seem likely to me. So unless I'm willing to risk being sent back with my family (or not allowed to board the flight in Geneva), I will have to cancel my annual holiday.

I found this site: https://eumovement.wordpress.com/category/ecj/ which quotes:

a Member State may not send back at the border a third country national who is married to a national of a Member State and attempts to enter its territory without being in possession of a valid identity card or passport or, if necessary, a visa, where he is able to prove his identity and the conjugal ties

Does anyone have a link to the original document? It's very clear what the European judgment is, but I do not relish the prospect of arguing law with an IO for 2 hours while my wife and 18 month old child wait, only to be sent back the way we came. If they are anything like the person I dealt with on the phone then there will be no reasoning with them.

[ys704]

I (non EEA) am planning to make a trip to France with my husband (EEA) by car and ferry, when we return to UK, my work visa will be expired, i.e. I will have no visa for entering UK.

I will only have my passport and our marriage certificate, and my EEA husband with me.....and I am going to test whether they will let me into the country or not!!! and also too see whether they will issue me a 6 months family permit on the spot.

Is this do-able?

[86ti]

You won't get an EEA FP at the border. You may be able to enter [11(4)].

[Trent]

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Before an Immigration Officer refuses admission to a non-EEA national under regulation 11(2) because s/he does not produce an EEA family permit, the IO must give the non-EEA national reasonable opportunity to provide by other means proof that s/he is a family member of an EEA national with a right to accompany that national or join him/her in the UK.

Can anyone please explain to me what confers the "right to accompany that national or join him/her in the UK". The UKBA seem to think that it's the EEA Family permit, but this clause is explicitly for situations where no EEA FP or Residence card is presented, so... what other means are they referring to which they consider acceptable?

[Plum70]

See (5) of the EU Directive's preamble here: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary and also Article 3.

Basically the non-EEA family member of a union citizen has the right to accompany, join and reside in a member state with their qualified EEA spouse by virtue of their r/ship. In your case, being able to show a EEA-Family permit - albeit expired - a marriage certificate, CoA confirming that a RC has been applied for and valid passports confirms/concretises your wife's legal status as conferred by the EU Directive 2004/38/EC.

As mentioned by another poster, the main obstacle is getting the airlines to allow you both board from Geneva to the UK.

[Trent]

Thanks Plum70, I also found this document very useful:

http://www.ukresident.com/files/UKBorder-Dossier.pdf

with the accompanying article here:

http://www.ukresident.com/content/artic ... -card-r142


Regarding the carrier, as my wife's passport is from a non-visa country, would she not be entitled to fly just as a visitor?

[Plum70]

Thanks Plum70, I also found this document very useful:

http://www.ukresident.com/files/UKBorder-Dossier.pdf

Very useful indeed and do not see any reason why your wife cannot be admitted to the UK under the same code. Bear in mind though that the non-EEA spouse had a valid Tier 1 UK migrant visa which enabled airline check-in. You may have a much tougher task.

with the accompanying article here:

http://www.ukresident.com/content/artic ... -card-r142

Thanks - just what I was looking for earlier...

Regarding the carrier, as my wife's passport is from a non-visa country, would she not be entitled to fly just as a visitor?

Is she a visa national? If not then she may accompany you on a visa waiver.

[Trent]

Regarding the carrier, as my wife's passport is from a non-visa country, would she not be entitled to fly just as a visitor?

Is she a visa national? If not then she may accompany you on a visa waiver.

Sorry I meant that she is from Chile, which as far as I know, does not require a visa to visit the UK. So I thought, as far as Easjet personnel on the ground are concerned, she may be just visiting, which would allow her to board the flight. Or is it more complicated than that?

[Plum70]

Nope, should be 'easy peasy' as she's a non-visa national. This means that the airline should check her in w/out trouble.

At the UK border simply confirm that she is your spouse (show all docs previously mentioned) and at worst ask that she be stamped in/admitted under Code 1A. If the IO tries to be funny then ask to see their superior who should no doubt know what to do.

The fact that she has a valid passport+an (expired) EEA Family permit, a marriage cert., has applied for a RC (CoA to show) and is travelling with you should prove sufficient.

[Trent]

Many thanks Plum70, this is very encouraging.

[Plum70]

Do post an update when you're back for the benefit of other members who may be in a similar position.

Cheers

[Directive/2004/38/EC]

Just as a procedural note in dealing with these sorts of entry.

You are best to explain (slowly and carefully) to each and every officer you deal with the basics of your case (don't assume that earlier officers have correctly understood or explained the details to later officers). That you are an EU national and that these are your family members. That you are exercising your treaty rights in the UK, and that you all live in the UK. And that the family members have already applied for a Residence Card and that you have the confirmation letter.

I should just add that if you have any difficulties, be sure to start taking notes:
Name of each officer you are talking with
Note exactly what you told them (all of the above, at least, for each one)

And do not hesitate to ask for a supervisor to join the conversation if one of the officers does not fully understand. And if they give you any problem, ask them to put it in writing for you.

[Trent]

As an update we arrived without any trouble. On the flight we filled in the landing card and put "6 months" on duration of stay. The IO asked about the status of our Residence Card application and then went straight for a code 1A stamp, didn't ask for any other documents aside from our passports and I didn't offer any (I thought better to see how it goes before pulling out the file). Spoke fluent Spanish and was very pleasant.

[Plum70]

Brilliant! - Just the way it should be.

[Directive/2004/38/EC]

The IO asked about the status of our Residence Card application and then went straight for a code 1A stamp, didn't ask for any other documents aside from our passports and I didn't offer any (I thought better to see how it goes before pulling out the file). Spoke fluent Spanish and was very pleasant.

Great!

Did you mention the Residence Card or did he just notice the in process application?

Also note that you can either use the UK/European line at the border or use the "other foreigners" when travelling together as a family. Sometimes one is significantly shorter than the other.