Travelling while waiting for Permanent Residence

[ElenaDi]

I am a Bulgarian National having excersised treaty rights in the UK for 5 years. My partner is Indian and his status is that of an EEA Family member, again for 5 years. The 5 years completed on 24th January and on 25 we had sent our applications for Permanent Residency.

The issue we have is that because of the nature of our work, we travel quite extensively. While I have no problems travelling, because my registration certificate has no expiry date, my partner's one is expiring soon and he'll therefore be unable to re enter the UK.

The UK Border Agency claim that they can't do anything on extending his EEA Family member registration card (as this process itself takes months) and have advised that he should apply for an EEA family permit as a British Diplomatic post abroad before returning to the UK.

Any advice on what can be done while waiting for the Permanent Residence cards? Is the only option to get the Family permit while on one of his trips abroad? If so, does this have to be his country of nationality, i.e. India or can it be anywhere in the world where a British diplomatic post can be found?

Thanks in advance.
Lena

Note: It appears between June 2009 and May 2010 UKBA has broken the 6 month processing rule for EEA2 applications (Permanent Residency for EEA nationals like me) 25370 times!
http://www.whatdotheyknow.com/request/3 ... 0.doc.html

[Jambo]

You have no problem to travel not because your residence certificate has no expiry date (did you ever had to show it to someone?) but because you are EEA national.

The issue your partner has would not be to enter the UK but to get on a plane as he will not have a valid visa to travel to the UK. The UKBA would let him into the country if he manages to get to the UK. If you are travelling together within the EU, then he should not need a visa to travel (See the relevant post - IRL or UK to Schengen, without visa, for EEA-family members.) although this is likely to involve convincing the airlines that these are the regulations (the low cost airlines are usually the worst) and if you are travelling a lot, getting denied board once is not worth it all.

You can apply for a Family Permit anywhere in the world. The process time varies from location to location. You can check this page for the processing time. Some places require now taking biometrics which just complicate the process a bit (and cost money).

EEA4 application process time is nowadays about 3-4 months. How soon is his RC going to expire?

[ElenaDi]

Absolutely true about the fact that no one has ever requested my "Blue" EEA Citizen Registration Certificate.

With regards to my partner being allowed to travel within the EU together with me, looking at the post you referenced, "Part 1" in the post states that: "you have been given a "Residence card of a family member of a Union citizen"" , it doesn't mentioned whether travelling after this expires, even with me accompaning him, will be permitted (nevermind some of the airlines).

As for his RC, this will expire at 2 months of the PR application being with UKBA which I doubt will be sufficient for them to finish processing. We'll know as the case worker will need to request back our passports (which have been returned to us by request to travel).

Thank you for the link with processing times. Very useful reference in case we need to go down that route.

Is there any other way at all to speed the PR application process with UKBA? Go for an in person application in Croydon? Provide solid evidence for need to travel because of reasons that are associated with UK Trade and Investment Government Body? Anything other ways?

Thank you again for your help. This forum has brough me more solutions that hours on the phone with UKBA!

[ElenaDi]

We decided to fly out to Bulgaria on 18th March, had a visa appointment on 19th March in the UK Embassy in Sofia for our application for an EEA Family member visa.
Considering historical processing times information from UKBA site here

http://www.ukba.homeoffice.gov.uk/visas ... ableAnchor

The application process should take arounbd 5-10 days (for example there was one application processed in Feb which took 5 days). However when we got to the embassy the interviewer explained all applications from Bulgaria get processed in Warsaw, Poland and take a minimum of 15 days in ALL CASES.

Now, either the information on UKBA site, provided by WorldBridge is wrong or the interviewer at the embassy doesn't know the facts. I have emailed Worldbridge for clarification.

The fact is we are now stuck in Bulgaria waiting for longer than planned which as discussed previously in this thread will have grave consequences for my partner and his startup business in the UK, which is in fact backed by UK Trade and Investment. Irony and tears!!!

[EUsmileWEallsmile]

I expect you were talking to someone in Worldbridge or were you actually interviewed by a visa officer?

[EUsmileWEallsmile]

I would not worry too much about what was said (min 15 days). A handful of visas were issued out of Sofia and their times are all pretty short.

It is common for visas to be issued from one central place.

[ElenaDi]

He was interviewed by a visa officer in the embassy.

I just spoke to the UK embassy in Sofia and they have no information on processing times. They pointed me to World Bridge at www.visainfoservices.com which only contains an email form which can be used only after 15 working days post visa application submission. I'd already
emailed them without any success in getting useful information back. They basically told me I can withdraw the application if we need to travel which defies the whole point of us coming to Bulgaria in the first place.

I called the Warsaw visa processing office, they told me they offer no information on application progress over the phone and closed the line on me. They came across extremely rude.

[EUsmileWEallsmile]

He was interviewed by a visa officer in the embassy.

I just spoke to the UK embassy in Sofia and they have no information on processing times. They pointed me to World Bridge at www.visainfoservices.com which only contains an email form which can be used only after 15 working days post visa application submission. I'd already
emailed them without any success in getting useful information back. They basically told me I can withdraw the application if we need to travel which defies the whole point of us coming to Bulgaria in the first place.

I called the Warsaw visa processing office, they told me they offer no information on application progress over the phone and closed the line on me. They came across extremely rude.

I'm surprised that you were interviewed. If I were you, I would wait for your visa now that the application is in; withdrawing it will have you back at square one.

[ElenaDi]

As a close to this post, I'd like to say that we did get an approval for his EEA Family Permit, although it took 10 days. UKBA have only just published the processing times for March (it's now mid-May) http://www.ukba.homeoffice.gov.uk/visas ... sing-times

Since then we have travelled continuously throughout the EU without a visa for my partner and I'm afraid in half the cases the immigration officers didn't have a clue about the ability of non-EEA citizens to travel visa free together with their EEA Family member. We were never (so far) returned from an airport, it normally just took a call to a senior border control officer.

While returning to the UK it's much the same with confusion where we were once asked to join the "Rest of the World" queue for a visa stamp although once reaching there it just wasn't necessary.

So, know and defend your rights!

[melcu]

As a close to this post, I'd like to say that we did get an approval for his EEA Family Permit, although it took 10 days.

I am in the same situation, going to apply for EEA Family Permit from my country while waiting for Permanent residence card. Just wanted to ask you, which documents you have provided in embassy?

[ElenaDi]

Hi, when you go through the online application process you'll be given the list of document you have to bring as well as an appointment time for your country. They'll take copies and give you back the originals at the interview itself.