EEA2 pasports returned

[eoghan101]

Hi everyone,

I applied for EEA2 for my wife (a japanese national) in Feb, as we wished to travel in may I requested a return of our passports. I recieved the passports today however a letter was included stating that we would need to obtain another Family permit if my wife wished to return to the uk. Is this correct?
Surely as we are currently both living and working in the U.K we are permitted to take a short holiday.

[presido007]

Hi everyone,

I applied for EEA2 for my wife (a japanese national) in Feb, as we wished to travel in may I requested a return of our passports. I recieved the passports today however a letter was included stating that we would need to obtain another Family permit if my wife wished to return to the uk. Is this correct?
Surely as we are currently both living and working in the U.K we are permitted to take a short holiday.

it depends what you told HO, did you specifically tell them that you both are going on holiday or did you tell HO that she was travelling back home, because they might think both of you are relocating.

[tom_tom_tom]

Hi everyone,

I applied for EEA2 for my wife (a japanese national) in Feb, as we wished to travel in may I requested a return of our passports. I recieved the passports today however a letter was included stating that we would need to obtain another Family permit if my wife wished to return to the uk. Is this correct?
Surely as we are currently both living and working in the U.K we are permitted to take a short holiday.

My wife (also a Japanese national) applied for EEA2 in Feb. Today we requested her passport back so we can go to a family wedding in Ireland in June.

My wife entered the UK on a family permit in Feb so it will be valid in June si I assume she wont need a new one.

Did your wife enter with a family permit in the first place?

[eoghan101]

Hi everyone,

I applied for EEA2 for my wife (a japanese national) in Feb, as we wished to travel in may I requested a return of our passports. I recieved the passports today however a letter was included stating that we would need to obtain another Family permit if my wife wished to return to the uk. Is this correct?
Surely as we are currently both living and working in the U.K we are permitted to take a short holiday.

it depends what you told HO, did you specifically tell them that you both are going on holiday or did you tell HO that she was travelling back home, because they might think both of you are relocating.

Hi,
I told them we wanted to go on holiday.
Also that there was the possablity of a buisness trip on my wife's behalf.

[Jambo]

This is the standard text they give to everyone but it doesn't apply to everyone (it is just easier for them to tell everyone to get a new EEA FP).

If the EEA Family Permit is still valid, there is no issue to travel (even if visa national).

If not a visa national, there is also no issue to travel. If you got the CoA, you can produce that at the border, otherwise marriage certificate + proof of exercising treaty right is needed.

If visa national (and EEA Family Permit has expired), a new one would probably be required in order to be able to board a flight to the UK.

[EUsmileWEallsmile]

it depends what you told HO, did you specifically tell them that you both are going on holiday or did you tell HO that she was travelling back home, because they might think both of you are relocating.

The reason for travel would not have had any bearing on the letter's contents.

[EUsmileWEallsmile]

Hi everyone,

I applied for EEA2 for my wife (a japanese national) in Feb, as we wished to travel in may I requested a return of our passports. I recieved the passports today however a letter was included stating that we would need to obtain another Family permit if my wife wished to return to the uk. Is this correct?
Surely as we are currently both living and working in the U.K we are permitted to take a short holiday.

A non-visa national as in the case of a Japanese should have no significant problems entering the UK or boarding a plane. No family permit would have been required in the first instance.

[tom_tom_tom]

Hi everyone,

I applied for EEA2 for my wife (a japanese national) in Feb, as we wished to travel in may I requested a return of our passports. I recieved the passports today however a letter was included stating that we would need to obtain another Family permit if my wife wished to return to the uk. Is this correct?
Surely as we are currently both living and working in the U.K we are permitted to take a short holiday.

A non-visa national as in the case of a Japanese should have no significant problems entering the UK or boarding a plane. No family permit would have been required in the first instance.

Does this mean a non-visa national does not need a residence card too if they are settled in the UK?

[EUsmileWEallsmile]

Does this mean a non-visa national does not need a residence card too if they are settled in the UK?

Firstly, no-one requires a residence card. The UK chose not to make it mandatory. That said, those who do not have one are more likely to be inconvenienced in terms of being able to demonstrate entitlement to rights under the directive (such as freedom to work).

A visa national would have a much harder time re-entering the UK and traveling to other EU countries. For them, residence cards are a practical necessity.

[tom_tom_tom]

Does this mean a non-visa national does not need a residence card too if they are settled in the UK?

Firstly, no-one requires a residence card. The UK chose not to make it mandatory. That said, those who do not have one are more likely to be inconvenienced in terms of being able to demonstrate entitlement to rights under the directive (such as freedom to work).

A visa national would have a much harder time re-entering the UK and traveling to other EU countries. For them, residence cards are a practical necessity.

So all the residence card does is proves your right to live and work in the UK?

Legally as long as your EWA family member is exercising treaty rights you can live, enter and work in the UK as often (and for as long) as you like without a residence card/family permit?

[Jambo]

Do you need to apply?

You do not need to obtain documents confirming your right of residence in the UK if you are a family member of an EEA national.

However, you may be inconvenienced if you do not obtain this confirmation, as:

* you may have difficulty proving that you are lawfully resident in the UK;
* if you leave the UK, you will usually need to obtain an EEA family permit before returning here, in order to guarantee readmission as the family member of a qualified EEA national; and
* you may find it difficult to obtain or change employment.

[EUsmileWEallsmile]

Does this mean a non-visa national does not need a residence card too if they are settled in the UK?

Firstly, no-one requires a residence card. The UK chose not to make it mandatory. That said, those who do not have one are more likely to be inconvenienced in terms of being able to demonstrate entitlement to rights under the directive (such as freedom to work).

A visa national would have a much harder time re-entering the UK and traveling to other EU countries. For them, residence cards are a practical necessity.

So all the residence card does is proves your right to live and work in the UK?

Legally as long as your EWA family member is exercising treaty rights you can live, enter and work in the UK as often (and for as long) as you like without a residence card/family permit?

Article 25 of the directive spells this out.

1. Possession of a registration certificate as referred to in Article 8, of a document certifying permanent residence, of a certificate attesting submission of an application for a family member residence card, of a residence card or of a permanent residence card, may under no circumstances be made a precondition for the exercise of a right or the completion of an administrative formality, as entitlement to rights may be attested by any other means of proof.

[tom_tom_tom]

Does this mean a non-visa national does not need a residence card too if they are settled in the UK?

Firstly, no-one requires a residence card. The UK chose not to make it mandatory. That said, those who do not have one are more likely to be inconvenienced in terms of being able to demonstrate entitlement to rights under the directive (such as freedom to work).

A visa national would have a much harder time re-entering the UK and traveling to other EU countries. For them, residence cards are a practical necessity.

So all the residence card does is proves your right to live and work in the UK?

Legally as long as your EWA family member is exercising treaty rights you can live, enter and work in the UK as often (and for as long) as you like without a residence card/family permit?

Article 25 of the directive spells this out.

1. Possession of a registration certificate as referred to in Article 8, of a document certifying permanent residence, of a certificate attesting submission of an application for a family member residence card, of a residence card or of a permanent residence card, may under no circumstances be made a precondition for the exercise of a right or the completion of an administrative formality, as entitlement to rights may be attested by any other means of proof.

Ok I see, thank you for the clarification.

It’s strange (and seems VERY unfair) that Europeans like me have such an easy time if we want to settle in the UK with our family when compared to people actually from the UK! And soon some UK people probably won’t be able to settle here with their foreign wife/husband without an income in line with the national average.

[EUsmileWEallsmile]

...It’s strange (and seems VERY unfair) that Europeans like me have such an easy time if we want to settle in the UK with our family when compared to people actually from the UK...

Many people would concur with your sentiments. At the end of the day, this is one of the benefits of EU membership, freedom of movement.