EEA family permit Re-entry

[kadsac]

My husband (non-eu) was issued an entry visa by UKBA at Calais. It was just an attempt to see if we can manage to gain entry into the UK without the family permit. I am a British national and we have a two year old son and have been married for almost 3 years. We are currently residing and working in Sweden for the last two years. We wanted to excercise our treaty rights under the surrinder singh rulling. Here is a short of summary of what we experienced at the border:
We presented our passports to the border guard through the window of our car, the guy looked at the two British passports and then started examining the non-eu passport. After realizing that my husband doesn't have a visa in the passport he asked us (in a rude manner) ''where is your visa then?'' we explained our situation, showed him our marriage certificate and asked for entry on the basis of the eu directive. He obviously didn't know the rules so he told us to go and see his superiors in the UKBA office nearby. In that office we came across an even ruder IO who said straight away that she can't let us enter and we should've applied for an EEA-family permit before coming here. We tried to explain the rules to her but she told us off saying that its her job to know all the rules and we shouldn't tell her about the rules She then went to a different office to see her boss and returned after 5 mins saying that she will grant us entry this time but next time we should get the family permit from the embassy. It all took 10mins and we were quite surprised that they didn't try to mess with us too much.

Now my question is that my husband was issued with an entry stamp which is valid for two months. The stamp just mentions that its valid for two months and then there is another stamp next to it which has a date on it and the fact that it was issued at calais. We are going to the UK again but this time we are flying with Ryan air. I was wondering if we will have any problem with Ryan air, whether we can use the same stamp to re-enter within two months. Both stamps do not mention anything about UKBA. I know Ryanair are very fussy about these things but would they be able to use some common sense and accept the stamps as a valid entry visa?

[Directive/2004/38/EC]

Location: islamabad

You've moved!

Good to see you tried to enter the UK without the required visa. I have written about this at http://eumovement.wordpress.com/2010/08 ... to-travel/ I suspect you have a "Code 1A" stamp.

Sorry that the IO was ignorant of the law and rude. Sometimes you get really sweet and knowledgeable ones.

Doing the entry by ferry/train is definitely easiest. When flying there is a good chance that the airline will refuse to allow you to board.

Read through my posting and give it a good try. Print out the posting and relevant case law. Be very very patient and be sure to get to the airport early.

And let us know how it goes!

Remember to carry your marriage certificate and proof that the EU citizen has been working in Sweden.

... Ryanair ... able to use some common sense and accept the stamps as a valid entry visa?

Worth hoping for but not expecting...

[lawwy]

Location: islamabad

You've moved!

Good to see you tried to enter the UK without the required visa. I have written about this at http://eumovement.wordpress.com/2010/08 ... to-travel/ I suspect you have a "Code 1A" stamp.

Sorry that the IO was ignorant of the law and rude. Sometimes you get really sweet and knowledgeable ones.

Doing the entry by ferry/train is definitely easiest. When flying there is a good chance that the airline will refuse to allow you to board.

Read through my posting and give it a good try. Print out the posting and relevant case law. Be very very patient and be sure to get to the airport early.

And let us know how it goes!

Remember to carry your marriage certificate and proof that the EU citizen has been working in Sweden.

... Ryanair ... able to use some common sense and accept the stamps as a valid entry visa?

Worth hoping for but not expecting...

That was an interesting story. What a courage!

lawwy

[kadsac]

Thanks for the reply. Yes, we moved a long while ago after my husband's spouse visa application was rejected in Islamabad. We managed to get a schengen visa and moved to Sweden. Its been 2 yrs and we are happily living in this beautiful part of the world. The only problem is when sometimes we want to go visit family and friends back in the UK.

We were just driving around Europe and just randomly decided to give it a go. I think the reason why they let us enter (easily) was because our son was with us and they probably didn't want to keep us waiting for longer. The 2nd IO seemed really p***** off because we didn't apply for family permit beforehand

As the stamp we were issued doesn't say United Kingdom anywhere, it only has a reference number and the only connection we can make is that it was stamped in Calais. Can we use it for re-entry?[/quote]

[kadsac]

http://eumovement.wordpress.com/2010/08 ... to-travel/
Thanks for this link Directive, that is what we read before we tried to enter without a visa. Really appreciate your effort. Good work:)

[Directive/2004/38/EC]

You have done both a "Singh" and an "MRAX"! Well done!

It is also neat that the benefits of EU free movement law lead you to live in Sweden and enjoy it so much.

You could always get an EEA Family Permit if you wish. It will make flying back smooth and easy. Should be a very easy application.

Note also that UKBA is in some cases describing the EEA Family Permit as "not mandatory".
http://www.ukba.homeoffice.gov.uk/sitec ... ly-permits

Although we prefer that they obtain one preentry in order to facilitate their travel an EEA family permit is not mandatory. Regulation 11(4) of the Immigration (EEA) Regulations 2006 allows a person to provide other proof of their right to enter the UK, if they do not have an EEA family permit, residence card or permanent residence card.

[kadsac]

We did apply for family permit twice during the last two years but both times we had to withdraw the application because of the time (more than 30 days) they were taking!!

If we manage to get to a UK airport, do you think we will get another Code 1A stamp? Can they not issue family permit at the airport?

[Directive/2004/38/EC]

We did apply for family permit twice during the last two years but both times we had to withdraw the application because of the time (more than 30 days) they were taking!!

If we manage to get to a UK airport, do you think we will get another Code 1A stamp? Can they not issue family permit at the airport?

How long did it take from when you submitted until you withdrew? 30 days?

If you get to UK airport, their policy suggests Code 1A. You could demand an EEA FP and see what they say, but I suspect they will say those are only issued at embassies.

[kadsac]

yep more than 30 days on both occasions

Can we demand a code 1A stamp that is valid for upto 6 months? And is code 1A only valid for single entry?

[Directive/2004/38/EC]

yep more than 30 days on both occasions :x

Can we demand a code 1A stamp that is valid for upto 6 months? And is code 1A only valid for single entry?

I would apply again and include a cover letter stating that you expect the visa to be processed on a priority basis.

You should ask all about Code 1A next time you do it. And let us know. There is a lot of detail I am sure. But I do not know it.

[kadsac]

Hi,
Just to let you guys know that we managed to visit London again. At the airport Ryanair staff did question us about the visa, but when we told them that we have a stamp (code 1A) which allow us to enter UK, they let us board the plane. However at Stanstead, after waiting for 1hr&30 mins in the non-eu queue we explained the IO at the immigration desk that we have a code 1A stamp which is still valid from the last visit. He then asked us about our marriage certificate, questioned my husband about his immigration history and then disappeared for 15mins to check with his manager. After he returned he told us that we will get another code 1A stamp today and will be allowed to enter the UK but this is the last time we will be entering on one of these stamps because next time we should apply for family permit. He also took a photocopy of my husband's passport and a photocopy of the boarding pass. he then told us that the airline will also be fined because they let us board without a proper visa

Overall the experience was quite straightforward apart from waiting in the queue at stanstead but that was because there were so many flights arriving at the same time.

[Directive/2004/38/EC]

I do not think realistically they can send you back. MRAX does not provide for this being a one-off option.

I think this is an ideal time to complain to the European Commission. If they are to fine Ryanair, then they will effectively make it impossible for you to exercise your right to enter the UK on the basis of MRAX.

[EUsmileWEallsmile]

Ryanair should not be fined (as you got in), but will still get a nasty letter. UKBA guidance states as much. Suggest for sake of speed and heart condition you get an EEA family permit before coming in again. There's no limit on the number of times you can do what you did, but it's hassle. If as you said, you needed to wait in excess of 15 days for a visa decision, don't withdraw it, but complain, complain, complain.

[Directive/2004/38/EC]

Ryanair should not be fined (as you got in), but will still get a nasty letter. UKBA guidance states as much.

Any chance you can provide a link to this guidance you refer to?

[EUsmileWEallsmile]

It took me a while to find as I'd read it along time ago (was beginning to doubt myself). It can be located on UKBA webpage, it's filled under Policy and Law, Immigration Directorate Instructions, chapter 33, section 1. Open the pdf and read paragraph 1.2.

Despite this, I suspect airlines would just refuse boarding. It would be too much hassle dealing with the consequences of carrying undocumented passengers. You'll note the final sentences in the paragraph such that an airline may refuse boarding to those who do not have EEA Family Permit, etc, etc.

[Graham Weifang]

You have done both a "Singh" and an "MRAX"! Well done!

It is also neat that the benefits of EU free movement law lead you to live in Sweden and enjoy it so much.

You could always get an EEA Family Permit if you wish. It will make flying back smooth and easy. Should be a very easy application.

Note also that UKBA is in some cases describing the EEA Family Permit as "not mandatory".
http://www.ukba.homeoffice.gov.uk/sitec ... ly-permits

Although we prefer that they obtain one preentry in order to facilitate their travel an EEA family permit is not mandatory. Regulation 11(4) of the Immigration (EEA) Regulations 2006 allows a person to provide other proof of their right to enter the UK, if they do not have an EEA family permit, residence card or permanent residence card.

.
.
Hi Directive,

Just trawling through, and found an outdated link.

Just pointing it out.

vette

[Jambo]

You have done both a "Singh" and an "MRAX"! Well done!

It is also neat that the benefits of EU free movement law lead you to live in Sweden and enjoy it so much.

You could always get an EEA Family Permit if you wish. It will make flying back smooth and easy. Should be a very easy application.

Note also that UKBA is in some cases describing the EEA Family Permit as "not mandatory".
http://www.ukba.homeoffice.gov.uk/sitec ... ly-permits

Although we prefer that they obtain one preentry in order to facilitate their travel an EEA family permit is not mandatory. Regulation 11(4) of the Immigration (EEA) Regulations 2006 allows a person to provide other proof of their right to enter the UK, if they do not have an EEA family permit, residence card or permanent residence card.

.
.
Hi Directive,

Just trawling through, and found an outdated link.

Just pointing it out.

vette

Here is the updated location
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary