Need to Travel Urgently! Unmarried Partner HELP!

[EQ]

Hi All,

Wondering if someone can provide some clarity.

I'm currently waiting for my residence card to be processed. Im Australian, my partner is french and we have applied as unmarried partners (cohabitation > 2years). I am currently on a Tier 1 General migrant visa which expires on 31st July 2012.

We both need to go to LA next week for brothers wedding. I was wanting to come back into UK on 28th July (Tier 1 visa expires on 31st). But Im scared they wont let me back in! I have my COA to prove I have applied for the residence card as an extended family member (unmarried partner). However all our paperwork is at the home office to prove our 2 years cohabitation, so cannot apply for a family permit before coming in.

Additionally, as I am currently Tier 1, the home office have informed me that I am able to continue working, until they have made a decision, as my leave to remain would follow my Tier 1 visa once it expires. My six months is September 05th. I dont want to re-enter the UK as an 'extended family member' because this would annul my right to work from the 31st july to the 6mth september deadline.

I asked the lady on the phone when requesting for my passport - She said, we would not advise travelling before we have processed your residence card. If you do leave, you need to apply for a family permit before you come back. But I asked her if my Tier 1 is still valid when I am at the border, can I still enter on my Tier 1 and have my COA to prove that im waiting for residence card. She said it would be at the discretion of the immigration officer at the border and this would all be explained in the letter they send back with my passports.

This letter they sent has NO mention of entering/leaving UK - all it says is 'if decision is made to issue residence documentation before your case in concluded it will be affixed to freestanding document. If you want us to return your documentation in a signed for service, enclose another prepaid envelope'.

I looked into the laws of refusal to enter Paragraph 321A of HC395
- If falsified Info
- If you are a threat to homeland security
- If your situation changed (eg sponsor ship visa -no longer sponsored, student visa - no longer student etc.)

My question is:
1. Do you think they would refuse me to enter on my Tier 1 visa on 28th July when it expired 31st July?
2. Do you think its safe for me to go?

Sorry for the monologue!!! Your advice would be most appreicated!!!

[EUsmileWEallsmile]

I am currently on a Tier 1 General migrant visa which expires on 31st July 2012. We both need to go to LA next week for brothers wedding. I was wanting to come back into UK on 28th July (Tier 1 visa expires on 31st)

So you plan to arrive before your tier 1 expires. What are you worried about?

[EUsmileWEallsmile]

In general, it would be much easier if you were married as demonstrating rights is so much easier to prove.

That said, you have a COA, you should be fine. You are not a visa national, you will be let board a flight.

At the border just say. "I have made an application that has not been decided. I am perfectly entitled to remain in the UK until it is decided."

[EUsmileWEallsmile]

I asked the lady on the phone when requesting for my passport - She said, we would not advise travelling before we have processed your residence card. If you do leave, you need to apply for a family permit before you come back. But I asked her if my Tier 1 is still valid when I am at the border, can I still enter on my Tier 1 and have my COA to prove that im waiting for residence card. She said it would be at the discretion of the immigration officer at the border and this would all be explained in the letter they send back with my passports.

Standard response if one asks these questions.

An IO should not be able refuse entry as your application is under consideration. With your tier1 visa still being valid and the fact that you are not a visa national means that you most likely will get to a border.