Travel abroad during EEA2 RC application

[uberto]

Hi,

I'm Italian national, my wife is Japanese. We got married in Germany (she had German working visa).
We moved in Uk and we applied for EEA2 RC on 20/09/2012
We received certificate of application on 16/10/2012
My wife needs to attend a workshop in Berlin for her qualification as Music Therapist, so we asked our passports back (email 5/12/2012) and we received passports (without my wife German visa) back on 20/12/2012.

Now the question is, can my wife safely return in UK after the course?

It the returning letter it was written to ask for a FP to return in uk but at the phone the Border Agency officer told me that's not true. She need a proof that "I'm exercising my treaty rights". That will be a EEA1 (which I don't have). So he said she should be able to come back using her last turist visa, which expires in 02/2013.

Would be better if I travel with her? or since I don't have much to do in Berlin I can just buy a cheap ticket and meet her at the airport before the immigration gates.

[Jambo]

Now the question is, can my wife safely return in UK after the course?

Yes.

It the returning letter it was written to ask for a FP to return in uk but at the phone the Border Agency officer told me that's not true. She need a proof that "I'm exercising my treaty rights". That will be a EEA1 (which I don't have). So he said she should be able to come back using her last turist visa, which expires in 02/2013.

EEA FP is only required if you are a visa national which your wife is not.

She should not enter as a tourist but as a family member of EEA national. The CoA should be enough for her to re-enter. See similar discussion - Pending application (EEA2) - Right to travel?.

[uberto]

Thanks for the quick response!

She will bring with her the copies of all documents (the original are still at Border Agency). Let's hope this will be enough.

Uberto

Now the question is, can my wife safely return in UK after the course?

Yes.