Expired U.K residence Card - Family Member of a EU

ashpaul1 · Post by **ashpaul1** » Mon Sep 17, 2012 12:14 pm

Hi,

I am a Non Eu National married to EU national (Spanish) currently on a U.K 5 years residence card which is about to expire next Month.

So, In this situation is it mandatory for me to apply for Permanent Residence EEA4?
Can i still travel to Spain this December with my spouse on a expired Residence Card provided we carry our U.K marriage Certificate and other supporting documents?

The reason I don't want to apply for EEA4 is because I dont have enough time to get the visa on time before December and there is a risk..

Can any one who is kind enough and you who has experienced this situation or similar shed some light, as to what are my chances of boarding the plane and returning back. We are only going for 2 weeks in December 2012.

I really appreciate all your help!!

Many thanks!!

sum1 · Post by **sum1** » Mon Sep 17, 2012 12:35 pm

I am not sure if this should be really a matter of a poll... Anyway, you are free to apply for confirmation of PR if you wish. Your EEA rights depend on the relationship and activity of your EEA spouse and not a particular document. Nevertheless, an expired RC may be problematic with airline staff and possibly border police (holding an appropriate document is mandatory in some other member states). It's always a good idea to carry the marriage certificate to be able to prove the marriage regardless of having a RC/PR or not.

ashpaul1 · Post by **ashpaul1** » Mon Sep 17, 2012 1:43 pm

Thanks for replying.

My wife is on a continuous employement for the past 5 years and we do not have any break on the past 5 years residency in the U.K we do have P60's to support that.

Is there any way to convince the Airline staff any documents etc..

Many thanks!

sum1 · Post by **sum1** » Mon Sep 17, 2012 2:27 pm

ashpaul1 wrote:My wife is on a continuous employement for the past 5 years and we do not have any break on the past 5 years residency in the U.K we do have P60's to support that.

If you can also show that you have been resident for that period while being married to your spouse you should be all set to have PR confirmed.

ashpaul1 wrote:Is there any way to convince the Airline staff any documents etc.

I really don't know. Possible strategy: Apply for PR confirmation ASAP, wait for the CoA to arrive, immediately ask for passport to be returned. That means you will have at least a letter confirming your application and your continuing rights. But I am not sure if that will be convincing to them.

If you are (very) lucky you may even have the application processed in that time. I just do not know if the airline will accept PR for visa free travel or is it that you would apply for a Schengen C anyway?

Spain (Article 4.4) appears to be ok with entering the country with a marriage certificate only. But it does not mention PR Cards for visa free travel.

Post by **EUsmileWEallsmile** » Mon Sep 17, 2012 7:37 pm

You've got loads of time to sort this out.

Options:

1. Apply for PR now. There is a reasonable chance it will be ready on time.
2. As above, but ask for passport back and apply for Schengen visa.

ashpaul1 · Post by **ashpaul1** » Tue Sep 18, 2012 12:54 pm

Thanks for all your advices guys. Much appreciated.

I will probably have to apply then right away and cross my fingers if I get my COA on time and hopefully even the passport back on time.

There is too much of a risk convincing the airline staffs. Cheers!

ashpaul1 · Post by **ashpaul1** » Wed Dec 12, 2012 10:28 pm

sum1 wrote:
ashpaul1 wrote:My wife is on a continuous employement for the past 5 years and we do not have any break on the past 5 years residency in the U.K we do have P60's to support that.
If you can also show that you have been resident for that period while being married to your spouse you should be all set to have PR confirmed.

ashpaul1 wrote:Is there any way to convince the Airline staff any documents etc.
I really don't know. Possible strategy: Apply for PR confirmation ASAP, wait for the CoA to arrive, immediately ask for passport to be returned. That means you will have at least a letter confirming your application and your continuing rights. But I am not sure if that will be convincing to them.

If you are (very) lucky you may even have the application processed in that time. I just do not know if the airline will accept PR for visa free travel or is it that you would apply for a Schengen C anyway?

Spain (Article 4.4) appears to be ok with entering the country with a marriage certificate only. But it does not mention PR Cards for visa free travel.

Hi Guys,

Just thought I should give you all a quick update of my current situation.

As advised I have already received the COA for PR application. And also I have now received my passport back recently but I have not applied for Schengen visa to travel to Spain as I would be travelling with my EU spouse and I would be carrying all relevant documents to prove our residence in the U.K together with original Marriage Certificate.

I truly beleive I will be able to travel next week to Spain without major issues according to the following link http://www.immigrationboards.com/viewto ... sc&start=0

If I am denied free movement to Spain, I will definitely insist the airline staffs to fill in the refusal form stating the reasons why I was not allowed to travel.

Wish me good luck please!!

Does any one know of any case where they were able to sue the airline based on the unlawful act provided i have the proof of refusal form filled and signed by airline staff?

Many thanks,

ashpaul1 · Post by **ashpaul1** » Wed Jan 02, 2013 10:26 pm

ashpaul1 wrote:
sum1 wrote:
ashpaul1 wrote:My wife is on a continuous employement for the past 5 years and we do not have any break on the past 5 years residency in the U.K we do have P60's to support that.
If you can also show that you have been resident for that period while being married to your spouse you should be all set to have PR confirmed.

ashpaul1 wrote:Is there any way to convince the Airline staff any documents etc.
I really don't know. Possible strategy: Apply for PR confirmation ASAP, wait for the CoA to arrive, immediately ask for passport to be returned. That means you will have at least a letter confirming your application and your continuing rights. But I am not sure if that will be convincing to them.

If you are (very) lucky you may even have the application processed in that time. I just do not know if the airline will accept PR for visa free travel or is it that you would apply for a Schengen C anyway?

Spain (Article 4.4) appears to be ok with entering the country with a marriage certificate only. But it does not mention PR Cards for visa free travel.
Hi Guys,

Just thought I should give you all a quick update of my current situation.

As advised I have already received the COA for PR application. And also I have now received my passport back recently but I have not applied for Schengen visa to travel to Spain as I would be travelling with my EU spouse and I would be carrying all relevant documents to prove our residence in the U.K together with original Marriage Certificate.

I truly beleive I will be able to travel next week to Spain without major issues according to the following link http://www.immigrationboards.com/viewto ... sc&start=0

If I am denied free movement to Spain, I will definitely insist the airline staffs to fill in the refusal form stating the reasons why I was not allowed to travel.

Wish me good luck please!!

Does any one know of any case where they were able to sue the airline based on the unlawful act provided i have the proof of refusal form filled and signed by airline staff?

Many thanks,

Hi Guys,

Just a quick update. I am happy to say that I had absolutely no issue whatsoever travelling to and from Spain to U.K. Well the airline staff did had to go and speak to her superior but it was really quick, no hassles.

Many thanks for all your help.

Post by **EUsmileWEallsmile** » Thu Jan 03, 2013 7:20 pm

In the end, what documentation did you have?

Did you have more trouble going to Spain or coming back? It appears that the only "trouble" you had was at check in? Which airline did you fly with?

ashpaul1 · Post by **ashpaul1** » Thu Jan 03, 2013 8:44 pm

EUsmileWEallsmile wrote:In the end, what documentation did you have?

Did you have more trouble going to Spain or coming back? It appears that the only "trouble" you had was at check in? Which airline did you fly with?

I had my Spanish FamilyBook (Libro de Familia) plus COA, I went prepared with every documents as mentioned in this forum http://www.immigrationboards.com/viewto ... highlight=

So, I did not had to apply for Schengen Visa. Only shame is that I didn't get my PR stampted as of yet, I shall wait.

We flew with Iberia, as mentioned before I didn't had any problem as such. It was indeed a smooth journey overall.

All the best.

Post by **EUsmileWEallsmile** » Thu Jan 03, 2013 9:09 pm

Good for you. Glad it went well.

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Expired U.K residence Card - Family Member of a EU

Will I be able to travel on a expired residence Card?

Expired U.K residence Card - Family Member of a EU