The Code 1A Stamp

[onemoretime]

Hi folks,

I’m going to go for gold and go for the Code 1A stamp at the UK airport with my EEA national husband, my job offer letter, my passport, husband’s passport, and our marriage certificate in hand. I have too little time before my job starts.

So I went through the UK desk at Stansted the other day for my interview and decided to just flat out ask about the code 1A Stamp and what I should do if I do not have time to apply for the EEAFP. I was told that, yes indeed, they will issue the Code 1A on the spot if I have a job offer and need to start sooner than it would take to get a EEAFP, but only if I can show at the border next time I fly through that my husband and I have severed all ties in our home country via a lease termination or employment termination letter in the home country and then show proof of a new lease in the UK already signed?????. They said I would have to fly back and forth to the UK to secure and apartment before I can get the Code 1A stamp. Is this true, or was the border guard again trying to apply extra requirements that they are not supposed to? This person showed me the stamp, but I think they have to give it to non-EEA spouses no matter what....what do you think? First, my husband is unemployed, so he cannot show a “termination letterâ€

[Jambo]

The IO either tried to scare you or is not fully up to speed with the requirements.

- You don't need to terminate your old lease and you don't need to have accommodation in the UK.
- You only need to travel with your wife and have a proof of your relationship (marriage certificate).
- The fact that you have a job offer is not relevant at all to the decision to let you into the UK (although you can use that to explain why you didn't apply for a FP but you are not obliged to apply for it anyway regardless of job offer or not).
- You EU wife needs to normally be in the UK in order for you to enjoy the treaty rights. However, she is allowed to travel outside the UK on a temporary basis (is that all the point of free movement within the EU). If she leaves the UK permanently, you lose the right to live in the UK.

[onemoretime]

- You EU wife needs to normally be in the UK in order for you to enjoy the treaty rights. However, she is allowed to travel outside the UK on a temporary basis (is that all the point of free movement within the EU). If she leaves the UK permanently, you lose the right to live in the UK.

Thank you for the speedy response Jambo!

Ok, that's what i was thinking too, but I wanted to make sure.

So then based on what you said above let's ponder this senario:

Let's say my husband (the EEA National) will fly with me the day I go to the UK and stay for a few days. Then he flies back to Germany to deal with the apartment and packing to return later in about one to two months. Does this count as "temporary basis" and "normally being in the UK"? We are being aske dto move so fast, that we cannot possibly pack and ship our entire household that fast. Or. are we pushing it by doing this?

[Jambo]

(sorry for mixing you as a he...)

Strictly speaking the scenario you described doesn't sound as if you husband (EU national) is really moving to the UK if he is only there for a few hours and goes back (even if this is just to pack your house). In practice, once you are in the UK, you won't be asked where your husband is and he won't be asked anything when he leaves or enters the UK.

[Directive/2004/38/EC]

I think you should read http://eumovement.wordpress.com/2010/08 ... to-travel/ and http://www.ukresident.com/content/artic ... -card-r142

What you do in the UK does not really matter (see How are non-EU family members evaluated?).

The key thing is what your husband is doing in the UK. For the first 90 days he has no requirements. But after that he must be working, looking for work, or self-sufficient. If he is not one of those, then he can not be resident in the UK and you will then be illegally in the UK.