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:
UKBA wrote: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?